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Agenda 03-03-26The City of Boynton Beach City Commission Agenda Tuesday, March 3, 2026, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting 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. 2 1.Openings 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 participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. 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. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.City Announcements. 4.Public Audience 5.Administrative A.Advisory Board Appointments (Senior Advisory Board Appointment by Commissioner Cruz tabled at the February 17, 2026, Commission Meeting) 6.Consent Agenda A.Commission Meeting Minutes. 7.Consent Bids and Purchases A.Proposed Resolution No. R26-031- Approve Amendment No. 1 to Task Order No. GESUT-3C-03-25 with Carollo Engineers, Inc. in the amount of $100,000 for a new total amount of $500,000 for professional engineering services required for the Wastewater and Potable Water Models Update and Calibration Project. B.Proposed Resolution No. R26-032- Approving a Piggyback Agreement between the City and Herc Rentals, Inc. for Rental Equipment, Products, and Related Services in an amount not to exceed $150,000 per year. Roll Call. Invocation by Paster Bob Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Tuesday, March 10, 2026- Election Day for three Referendum Questions, for the entire City of Boynton Beach. Residents are to vote at their precincts. Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. 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). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Approve minutes from the February 3, 2026 City Commission Meeting. Staff recommends approval of Proposed Resolution No. R26-031. 4 C.Proposed Resolution No. R26-033- Approve increasing the annual expenditure of the Advanced Metering Infrastructure Agreement between the City and Sensus USA, Inc. for meter replacement, parts, and services to $4,000,000 per year, and approve the second amendment to the agreement, in form and substance approved by the Utilities director and the City Attorney's office. D.Proposed Resolution No. R26-034- Ratifying the approval of Change Order No. 2 and No. 3 to the Professional Service Agreement with Koa Hills Consulting LLC, and approving the expenditure increase in an amount not to exceed $275,000, for data cleansing and validation services, and authorizing the City Manager to execute all future necessary documents. 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. 26-004- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 2, Article I, Section 2 "Types of Land Development Applications;" and Chapter 2, Article II, Section 4.B "Community Design Appeal" to add an administrative approval process; providing for codification; conflicts; severability; and an effective date. B.Proposed Ordinance No. 26-006- First Reading- Approve the Sara Sims Memorial Cemetery Future Land Use Map Amendment request from MeDR (Medium Density Residential) to PPGI (Public & Private Government/Institutional) consisting of approximately 0.94 acres, located at 201 Northwest 9th Court. Applicant: City of Boynton Beach. C.Proposed Ordinance No. 26-007- First Reading - Approve the Sara Sims Memorial Cemetery rezoning request from R2 (Single- and Two- Family Residential) to PU (Public Usage District) consisting of approximately 0.94 acres, located at 201 Northwest 9th Court. Applicant: City of Boynton Beach. D.Approve request for a Variance from Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape Buffer" to remove the requirement of a 6-foot concrete wall within a required buffer, on a property located at 201 Northwest 9th Court, in a PU (Public Utility) zoning district. Applicant: City of Boynton Beach. Staff recommends approval of Proposed Resolution No. R26-032. Staff recommends approval of Proposed Resolution No. R26-033. Staff recommends approval of Proposed Resolution No. R26-034. Staff recommends approval of Proposed Ordinance No. 26-004, at second reading. Staff recommends approval of Proposed Ordinance No. 26-006, at first reading. Staff recommends approval of Proposed Ordinance No. 26-007, at first reading. Staff recommends that the approval be tabled until the second reading of the 5 E.Approve request for a Major Site Plan Modification (MSPM 2025.10.6783) to the Sara Sims Memorial Cemetery project to allow for the proposed cemetery expansion and site improvements, on a 2.76-acre parcel, located at 201 Northwest 9th Court, in the PU (Public Usage) zoning district. Applicant: City of Boynton Beach. F.Proposed Ordinance No. 26-001- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.91 Acres of Unincorporated Territory Into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. G.Proposed Ordinance No. 26-008- First 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 0.91-acre parcel of real property generally located at 3045 North Federal Highway, by changing the future land use classification from Palm Beach County Future Land Use designation of Commercial High with an underlying MR-5 (CH/5) to Special High Density Residential (SHDR); 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. H.Proposed Ordinance No. 26-009- First Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately 0.91 acre parcel of real property located at 3045 North Federal Highway, from Palm Beach County's General Commercial District (GC) to City of Boynton Beach's 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. I.Approve request for a New Major Master Plan for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. companion Sara Sims Memorial Cemetery Future Land Use Map Amendment and Rezoning Ordinance. Staff recommends that the decision be tabled until the second reading of the companion Sara Sims Memorial Cemetery Future Land Use Map Amendment and Rezoning Ordinance. Staff recommends approval of Proposed Ordinance No. 26-001, at first reading. Staff recommends approval of Proposed Ordinance No. 26-008, at first reading. Staff recommends approval of Proposed Ordinance No. 26-009, at first reading. Staff recommends that the decision be tabled for the second reading of the companion The Hammocks at Boynton Beach Annexation, Future Land Use Map Amendment, and Rezoning Ordinance. 6 J.Approve request for a New Major Site Plan for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. 9.City Manager’s Report 10.Regular Agenda A.Update on combining City properties together to create senior affordable housing. 11.Future Agenda Items A.Quarterly joint City/CRA coordination meeting - April 14, 2026, prior to the regular CRA Meeting. B.Discussion regarding creating a beautification board. - TBD C.Discussion in regards to an additional area that might be available as a future cemetery.- TBD D.Discussion on the formation of a Task Force for updates to the Land Development Regulations. -TBD E.Discussion regarding property taxes, at a macro level.-TBD F.Discussion regarding Little Free Libraries and Little Free Pantries on private p r o p e r ty.- This item was tabled at the January 20, 2026 City Commission Meeting. - TBD 12.Adjournment Staff recommends that the decision be tabled for the second reading of the companion The Hammocks at Boynton Beach Annexation, Future Land Use Map Amendment, and Rezoning Ordinance. Requested by Vice Mayor Hay. Requested by City Commission and CRA Board. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Commissioner Turkin. Requested by Commissioner Turkin. Discussion and seek City Commission direction regarding Little Free Libraries and Little Free Pantries on private property. 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. 7 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 03/ 3/2026 Meeting Date: 03/ 3/2026 City Announcements. Requested Action: Tuesday, March 10, 2026- Election Day for three Referendum Questions, for the entire City of Boynton Beach. Residents are to vote at their precincts. Explanation of Request: City staff will present each of their events. Budgeted Item: Yes Account Line Item and Description: Each item has different account line items. Fiscal Impact: These are budgeted events. Attachments: Vote Street Sign.pdf 9 10 City of Boynton Beach Agenda Item Request Form 5.A Administrative 03/ 3/2026 Meeting Date: 03/ 3/2026 Advisory Board Appointments (Senior Advisory Board Appointment by Commissioner Cruz tabled at the February 17, 2026, Commission Meeting) Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory Board Appointments Reappointments and Applicants for March 3 2026.docx William Perkins - Senior Advisory Board.pdf 11 Advisory Board Vacancies March 3, 2026 Art Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Regular Vacant I Cruz Regular Vacant II Hay Alternate Vacant Applicants: None Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Regular Vacant I Cruz Regular Vacant II Hay Regular Vacant III Turkin Alternate Vacant Applicants: None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms IV Kelley Alternate Vacant Mayor Shelton Student Vacant I Cruz Student Vacant Applicants: None Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Shelton Regular Vacant I Cruz Regular Vacant II Hay Regular Vacant IV Kelley Regular Vacant III Turkin Alternate Vacant Applicants: None 12 Advisory Board Vacancies March 3, 2026 Library Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Alternate Vacant I Cruz Alternate Vacant Applicants: None Senior Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz Regular Vacant (Tabled at 2/17/26 CC mtg) II Hay Regular Vacant III Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Regular Vacant Applicants: William Perkins Alternate Board Member, seeking Regular Board Member vacancy. Applications Received: 11/02/25 Regina Fay Sr. Adv. No vacancies notified via email 11/4/25 09/20/25 Taylor Millien E&YAB Does not live in the City- can apply for waiver, applicant notified via email 09/30/25. 09/08/25 Suzanne Ferguson CRAB No vacancies Applicant notified via email 9/8/25 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 06/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 04/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 13 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 2/2/2026 William Perkins 9166624526 william.bill.perkins@gmail.com 3/27/1956 2865 SE 1st Place Boynton Beach FL 33435 United States Technology Founder, Consultant and Executive MBA Yes No Yes No 14 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Yes No 4P Technologies LLC Yes No Yes No Senior Advisory Board Yes No Please indicate which advisory board you are seeking appointment. Senior Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I am a Senior business development and partnerships executive with 20+ years driving new-logo growth and expansion across technology services, managed solutions, and complex commercial engagements. Proven ability to identify and shape high-value opportunities, align executive stakeholders to business outcomes, and close multi-workstream solutions spanning systems integration, operational support, and transformation initiatives. Known for partner-led GTM execution, forecasting discipline, and cross-functional leadership across Sales, Delivery, Engineering, Operations, and Finance. My global executive leadership experience includes digital transformation, sales, marketing and high- performance team building in PaaS/SaaS/UCaaS, telecommunications, satellite, IoT, network infrastructure media/entertainment and sports. I am an Illinois native and I have earned an MBA in Business Administration/Management as well as a BS in Biology, with a minor in English. As part of my undergraduate study program, I also completed the Army Reserve Officer Training Corps program with studies in Pre-Law and Military Science. I am a lifelong learner who holds professional certifications in AI, Senior Sales Management & Training and Digital Marketing. I have led Cross-Functional Agile Scrum collaborations at Fortune companies and have led innovative collaborations with major brands such as Amazon, Best Buy, AT&T, Verizon, Meta Housing Corporation, GreyStar, Trilogy Real Estate Group, and others. My partner Marianne Broughton and I reside in Boynton Beach, FL…near the center of the Metro Miami- Dade/Broward/Palm Beach Technology Corridor and we are the proud parents of 4 adult sons who all work in tech and are spread across the nation geographically…plus twin husky-doodles. 15 Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Please list any professional memberships Here's a list of my Community Service and Professional Certifications: Neighborhood Leadership Academy - Ft. Lauderdale, FL Chairman of the Board, Teen Center USA Non-profit - Elk Grove, CA National Clinician, FCA – USA Keynote Speaker/Presenter, American Heart Association, Rotary, Kiwanis, Boy Scouts of America, Research First – USA Sankore Society Honorary Member, Brown University – Providence, RI CERTIFICATIONS • Certified Digital Marketing Professional – Digital Marketing Institute • Google Prompting Essentials – Google • Certified Sandler Sales Leadership & Training Professional Feel free to attach/upload an extra sheet or resume. Bill_Perkins_Jan2026exec.docx 28.49KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 16 Bill Perkins Boynton Beach, Florida 916 662 4526 www.linkedin.com/in/williambillperkins william.bill.perkins@gmail.com Senior Director, Business Development | IT Professional Services Outsourcing | Managed Services | BPO | Digital Transformation EXECUTIVE SUMMARY Senior business development and partnerships executive with 20+ years driving new-logo growth and expansion across technology services, managed solutions, and complex commercial engagements. Proven ability to identify and shape high-value opportunities, align executive stakeholders to business outcomes, and close multi-workstream solutions spanning systems integration, operational support, and transformation initiatives. Known for partner-led GTM execution, forecasting discipline, and cross-functional leadership across Sales, Delivery, Engineering, Operations, and Finance. CORE STRENGTHS • Category Leadership & P&L Management • Pricing, Assortment & Analytics Optimization • Vendor & Brand Portfolio Growth • Cross-Functional Execution Excellence • High-Performance Sales & Account Executive Team Leadership • IT Outsourced Delivery, SLA Performance, shifting business cases from CAPEX to OPEX • Strategic Partnerships & Commercial Negotiation: VARs, SIs, TSDs, MSPs • Innovation & Customer Experience Advancement PROFESSIONAL EXPERIENCE 4P Technologies LLC – Miami-Dade/Broward/Palm Beach Counties, FL & International Founder & Managing Partner | 2015 – Present Strategic advisor to enterprise, SLED, and consumer-facing organizations, driving category-scale growth, market expansion, and digital transformation, including NaaS, Edge Computing, IT/IoT/IIoT • Advise SaaS and AI-driven companies on partner-led growth strategies, including GSI alignment, cloud marketplace motions, and regional consulting partner activation. • Architect partner commercialization frameworks spanning co-sell, resale, referral, and outsourcing and delivery scope services-led motions. • Serve as executive operator supporting pipeline creation, partner enablement, and revenue execution, not advisory-only engagement. NexGen Technologies, Boynton Beach, FL Vice President, Sales & Business Development | March – June 2025 Served in temporary fractional CRO capacity. • Built revenue organization from inception (4 direct reports) with full P&L accountability for managed services • Trended toward 22% quarter-over-quarter expansion through Tier-1 ecosystem partnerships (TD SYNNEX, CDW, Cisco, Five9). • Enhanced renewal readiness through disciplined carrier-aligned sales operating cadence. • Increased execution capacity by developing leadership depth and coaching velocity. 17 Tradewinds Networks / International Communications Corporation – Newport Beach, CA Senior Vice President, Global Business Development & Strategic Partnerships | 2022 – 2024 • Built and scaled a global partner ecosystem and multi-year expansion strategy. • Global BED, SLED experience includes federal agencies; multiple states, counties & municipalities; dozens of educational institutions…NaaS, Edge Computing, IT, IoT, IIoT • Led commercial negotiations and joint business plans with enterprise partners like Dell, Intel, Boeing, Cisco. • Championed data-driven decision-making and forecasting, leading to 20% market expansion • Directed cross-functional execution across Engineering, Marketing, Operations, and Finance. • Average deal size range: $5M to $20M Frontier Communications – CA, FL, National National Director / Regional Manager / Channel & Program Leader, Strategic Channels & Digital Transformation | 2006 – 2022 • Owned strategy and execution for programs generating $150M+ annual economic impact. • Created & executed strategic channel delivering $1B in LTV • Led pricing, product mix, and customer lifetime value optimization initiatives. • Built high-performing cross-functional teams delivering market share growth of 50–240%. • Negotiated complex commercial agreements with national brands and suppliers. • Strengthened forecasting accuracy through Salesforce, HubSpot, and ZoHo analytics. EchoStar / DISH Network – Denver, CO Alliance Training & Management Executive | 2003 – 2006 • Developed partner growth strategies driving 6M+ net new subscribers = $10.1B LTV • Led category-style promotional and customer engagement initiatives. • Collaborated with C-suite teams across 13 telecommunications companies. EDUCATION MBA Management & Business Administration – University of Phoenix BS Biology (Minor in English) – Eckerd College AA Pre-Law (Army ROTC) – New Mexico Military Institute CERTIFICATIONS Certified Sandler Sales Leadership Professional Certified Sandler Sales Training Professional Certified Digital Marketing Professional – Digital Marketing Institute Google Prompting Essentials – Google COMMUNITY & LEADERSHIP Co-Leader, Frontier Communications LIA (Leadership In Action) National Channel Development Planning Committee City of Boynton Beach Senior Advisory Board Community Leadership Academy Alumnus – City of Ft. Lauderdale 18 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 03/ 3/2026 Meeting Date: 03/ 3/2026 Commission Meeting Minutes. Requested Action: Approve minutes from the February 3, 2026 City Commission Meeting. Explanation of Request: The City Commission met on February 3, 2026 , and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved, and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: February 3, 2026 City Commission Meeting Minutes.docx 19 1st Draft Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, February 3, 2026, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Openings A. Call to Order Mayor Shelton called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Reverend Amalie Ash, First Presbyterian Boynton. Reverend Ash provided the Invocation. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley. The Pledge of Allegiance was led by Commissioner Kelley. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Commissioner Turkin added Community Support Funds for $750 to Imagine Chancellor. Mayor Shelton added a resolution, at staff’s request, to the regular agenda, as 10B. City Attorney Lamb stated that items 8A-C need to be tabled to the Special Commission Meeting on February 10, 2026 at 6:00 P.M. Motion: Commissioner Kelley moved to approve tabling 8A-C until the Special Commission Meeting on February 10th. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Turkin moved to approve the agenda, as amended. Vice Mayor Hay seconded the 20 City Commission Meeting Boynton Beach, FL February 3, 2026 2 motion. The motion passed unanimously. 2. Other A. Information Items by members of the City Commission. Commissioner Cruz thanked Deputy City Manager Mack and the Engineering Department for attending a recent community meeting and thanked the Police Department for assisting members of the homeless community. Vice Mayor Hay thanked City staff who attended the community meeting held earlier in the week. Commissioner Turkin thanked Kevin Fischer, John Bonafair, and City staff regarding work completed at Pence Park. 3. Announcements, Community and Special Events And Presentations A. City Announcements Stephanie Soplop, Compliance Coordinator, announced the Magic Wheels and Special Deals and Barrier Free Park 5K events. 4. Public Audience City Manager Dugger spoke regarding the parking ordinance and stated that it was the reason residents were in attendance. He stated that an extension of the educational period would be provided to increase public awareness and stated that March 1 would be the enforcement deadline. Joel Barsky stated that frequent traffic accidents occur in the West Woolbright area and asked what steps could be taken to slow traffic. He thanked Mayor Shelton for attending the Martin Luther King Jr. Day event and stated that more elected officials should attend community events. Charles Hunt stated that residents were attempting to inform the City about existing conditions and stated that residents do not live in a homeowners’ association. He noted that residents were being told that parking in carports and on grass was prohibited and requested that the City Commission listen to community concerns. Richard Dames thanked City staff for attending a community meeting and stated that residents left the meeting with more questions than answers. He proposed meeting with City management to explore alternative solutions. Mack McCray spoke about the historical development of Districts 2 and 3 and stated that parking issues exist throughout the City. He noted that residents were still awaiting the construction of a parking garage at City Hall and encouraged the City Commission to learn the history of Boynton Beach. 21 City Commission Meeting Boynton Beach, FL February 3, 2026 3 Willy Roberts said that vehicles frequently park on roadways near a dangerous intersection and expressed safety concerns. Alecia Louis spoke about the parking ordinance and stated that educational materials were insufficient to address residents’ questions. She stated that three vehicles did not fit within the driveway and expressed concern about potential fines. She asked what educational outreach would accomplish and stated that residents could not afford driveway expansions. Ray Whitely thanked the City Commission for reconsidering the ordinance and stated that residents experienced ongoing challenges since its adoption. He recommended that the City Commission should consider which residents would be most impacted. Ted Singer stated that residents were unified in opposition to the ordinance and community members would continue attending meetings until concerns were addressed. Amalie Ash mentioned that overflow parking impacts churches in the area and stated that a recent fatal accident involved a neighboring resident. She stated that the intersection was among the most dangerous in Boynton Beach and requested additional safety measures beyond signage. Tory Orr spoke regarding the parking ordinance and emphasized that homes i n Districts 2 and 3 lack adequate parking. He stated that families could not afford fines or driveway expansions and expressed concern that residents could lose their homes. He noted that decisions affecting the entire City should involve broad public input. Trenton Player stated that his entertainment company was present to support both the City Commission and residents. Charlie Holder said that he serves on the Building Board of Adjustment and Appeals and looked forward to working with the City Commission. There were no virtual comments. Vice Mayor Hay thanked the community and staff for trying to resolve the issue with the best solution. 5. Administrative A. Community Support Funds Mayor Shelton requested $500 for the Boynton Beach Garden Club; Vice Mayor Hay requested $500 each for Girl Scouts of Southeast Florida, Pathways to Prosperity Mental Health Program Services, and Pathways to Prosperity; Commissioner Cruz requested $1,000 for Young in Faith; and Commissioner Turkin requested $750 for Imagine Chancellor School. Motion: 22 City Commission Meeting Boynton Beach, FL February 3, 2026 4 Commissioner Cruz moved to approve the Community Support Funds, as presented. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R26-012- Approving an Application to permit the Boynton Beach Police Department to temporarily move its radio system and electronics into the county shelter at the Public Safety Tower Site. B. Proposed Resolution No. R26-013- Approve Amendment No. 1 to the Letter of Agreement and Contract for Bicycle and Pedestrian Focused Initiative with the Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM). C. Proposed Resolution No. R26-014- Approve Appropriation Agreement No. L0148 between the Florida Department of Environmental Protection and the City of Boynton Beach in the amount of $500,000 for the Boynton Beach Sanitary Sewer Collection System Improvement Project, and authorizing the Mayor to execute all associated documents. D. Proposed Resolution No. R26-015- Approve calling for a General City Election to be held on Tuesday, March 10, 2026, for the purpose of voting on t hree Referendum questions. E. Proposed Resolution No. R26-016- Approving the 2026 Municipal Election(s) Vote Processing Equipment Use and Elections Services Agreement between the City and Palm Beach County Supervisor of Elections Office. F. Proposed Resolution No. R26-017- Designating The Palm County Supervisor of Elections as The City's Canvassing Board for the March 2026 Municipal Election. G. Proposed Resolution No. R26-018- Approving the Pulte Cottage District Developer's Agreement to share the cost of milling and resurfacing the full width of roadways abutting the proposed development. H. Proposed Resolution No. R26-019- Approve Appropriation Agreement No. L0149 between the Florida Department of Environmental Protection and the City of Boynton Beach in the amount of $375,000 for the Boynton Beach Water Distribution System Improvement Project, and authorize the Mayor to execute all related documents. I. Proposed Resolution No. R26-020- Approve and authorize the Mayor to sign the 2025 Tree City USA Designation application to the Arbor Day Foundation. Commissioner Turkin pulled item 6D. Motion: Commissioner Turkin moved to approve the remainder of the consent agenda. Vice Mayor Hay 23 City Commission Meeting Boynton Beach, FL February 3, 2026 5 seconded the motion. The motion passed unanimously. 6D. Proposed Resolution No. R26-015- Approve calling for a General City Election to be held on Tuesday, March 10, 2026, for the purpose of voting on three Referendum questions. Commissioner Turkin thanked City staff for the informational pamphlet distributed to residents and stated that additional marketing would be beneficial. Motion: Commissioner Turkin moved to approve item 6D. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R26-021- Approving a renewal agreement and annual service and expenditure with Motorola, Inc. for the continued maintenance and repair of the City's P25 radio telecommunications systems as a sole-source vendor with an expenditure not to exceed $200,000 annually for the next five years. B. Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for February 3, 2026 - Amendment Request for Bid Extensions and/or Piggybacks. Motion: Commissioner Kelley moved to approve the Consent Bids and Purchases. Vice Mayor Hay seconded the motion. The motion passed unanimously. 8. Public Hearing A. Proposed Ordinance No. 26-002- Second Reading. An Ordinance of the City of Boynton Beach, Florida, amending the Future Land Use Map for the northern approximately 0.72-acre portion of a 1.34-acre unified property located at 3047 N. Federal Highway, by changing the future land use designation from Special High Density Residential (SHDR) to General Commercial (GC); providing that the remaining approximately 0.61-acre portion of the property shall retain its Special High Density Residential (SHDR) future land use designation; declaring the amendment to be consistent with all other elements of the Comprehensive Plan of the City of Boynton Beach; providing for severability, conflicts, and providing for an effective date. B. Proposed Ordinance No. 26-003- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Official Zoning Map of the City of Boynton Beach, Florida, for the northern approximately 0.72-acre portion of a 1.34-acre unified property generally located at 3047 N. Federal Highway, by 24 City Commission Meeting Boynton Beach, FL February 3, 2026 6 changing the zoning designation from IPUD (Infill Planned Unit Development) to C-3 (Community Commercial); providing that the remaining approximately 0.61 -acre portion of the property shall retain its IPUD zoning designation; providing for severability, conflicts, and providing for an effective date. C. Proposed New Major Site Plan (NWSP-2025.05.3470) for a new 4,733-square-foot structure for Josie's Restaurant at 3047 N Federal Highway, subject to the approval of the companion Future Land Use Map Amendment and Re zoning Requests. Agenda items 8A-C were tabled at the beginning of the meeting. 9. City Manager’s Report There was no City Manager’s Report. 10. Regular Agenda A. Discussion on a Proposed E-Bike Ordinance. Captain Burdelski presented information regarding complaints related to e-bikes on sidewalks and stated that comparable ordinances adopted by other jurisdictions were reviewed. He stated that e - bikes would be permitted in bike lanes and explained applicable speed limitations. Commissioner Turkin asked whether the ordinance would allow e -bikes in bike lanes but prohibit sidewalk use. Staff responded that e-bikes would be allowed in bike lanes and explained the reasoning. Commissioner Kelley stated concerns regarding safety and asked about speed regulations. She noted that education regarding lighting and helmet use should occur before adopting additional regulations. City Attorney Lamb discussed liability concerns and stated that sidewalks were not designed for e - bike use. Vice Mayor Hay asked about long-range planning and infrastructure improvements. It was clarified that engineering considerations would require further evaluation. Commissioner Cruz stated that she received public correspondence supporting the ordinance and stated that establishing structure would be beneficial. B. Viera Agreement for Red Light Cameras This item was added at the beginning of the meeting. Chief DeGuilio spoke regarding the contract related to the school zone camera program and stated that the City was piggybacking on an agreement that had been terminated by another mu nicipality. 25 City Commission Meeting Boynton Beach, FL February 3, 2026 7 He explained that the contract had been terminated in Tampa and stated that, as a result, the City would need to enter into a new agreement. He stated that the contract terms being considered were the same as those previously used by the City. Commissioner Turkin asked whether approval of the agreement would restart the five -year contract term and asked whether the agreement could be renegotiated and brought back to the City Commission at a later date. Chief DeGuilio stated that the go-live date was the date on which the contract term would begin. Commissioner Turkin stated that he was comfortable with that explanation. Commissioner Cruz stated concerns regarding the contract duration and stated that the agreement would extend for three years. She did not want to make long-term decisions on behalf of future City Commissions and stated a preference for issuing a request for proposals. Motion: Vice Mayor Hay moved to approve. Commissioner Kelley seconded the motion. The motion passed 4-1, with Commissioner Cruz dissenting. 11. Future Agenda Items A. Quarterly joint City/CRA coordination meeting - April 14, 2026, prior to the regular CRA Meeting. Requested by City Commission and CRA Board. B. Discussion regarding combining City properties together to create senior affordable housing.- TBD. Requested by Vice Mayor Hay. C. Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD. Requested by Commissioner Cruz. D. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. – TBD. Requested by Commissioner Cruz. E. Discussion regarding creating a beautification board. – TBD. Requested by Commissioner Turkin. F. Discussion in regards to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. G. Discussion on utility lift station upgrades and odor control – TBD. Requested by Vice Mayor Hay. 26 City Commission Meeting Boynton Beach, FL February 3, 2026 8 H. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD. Requested by Commissioner Cruz. I. Discussion regarding a Task Force regarding Building and Code.- TBD. Requested by Commissioner Turkin. J. Discussion regarding property taxes, at a macro level. -TBD Requested by Commissioner Turkin. K. Discussion regarding Little Free Libraries and Little Free Pantries on private property.- This item was tabled at the January 20, 2026 City Commission Meeting. – TBD. 12. Adjournment Motion: Commissioner Turkin moved to adjourn. Vice Mayor Hay seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 7:07 P.M. CITY OF BOYNTON BEACH ATTEST: _________________________ Maylee De Jesus, MPA, MMC City Clerk 27 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Resolution No. R26-031- Approve Amendment No. 1 to Task Order No. GESUT-3C-03-25 with Carollo Engineers, Inc. in the amount of $100,000 for a new total amount of $500,000 for professional engineering services required for the Wastewater and Potable Water Models Update and Calibration Project. Requested Action: Staff recommends approval of Proposed Resolution No. R26-031. Explanation of Request: This amendment is needed to accomplish the following tasks: • Changes to Project Management and Meetings - Additional time to perform project management activities for an extended duration (four months), along with corresponding communication. Two (2) additional progress meetings (in person), one for each system, will be added for the coordination and presentation of additional tasks. • Changes to Data Collection and Analysis - Using successive versions of the City's GIS database, the Consultant will update both the potable water distribution and wastewater collection system models to address data gaps and inconsistencies. Model elements will be renamed and reindexed to align with the Asset IDs provided in the City's GIS shapefiles. Additionally, a flow meter package will be procured and installed on a wastewater force main near the intersection of N. Congress Avenue and Savannah Lakes Drive. • Changes to Hydraulic Models Conversion and Update - Consultant will update the wastewater hydraulic model to incorporate 3.6 miles of gravity segments with manholes, 27 additional lift stations (for a total of 131 simulated lift stations), and 27.9 additional miles of force main (for a total of 75.3 miles). Pump curves, pump control levels, and logic controls consistent with the provided information will be included in the wastewater model. • Changes to Hydraulic Models Calibration - Calibration of the model with the new infrastructure operating in current dry weather and wet weather conditions is required. Consultant will adjust appropriate variables such as flow allocations, diurnal patterns, lift station operation settings, roughness coefficients, and inflow and infiltration potential to calibrate the model. • Changes to Deliverables and Documentation - Two summary sections will be added to the Draft and Final Technical Memoranda: Water and Wastewater System Assessments Summary and Business Case Scenarios Summaries. The hydraulic models' deliverables will include one additional scenario per business case evaluated. 28 • New Task 6 - Water and Wastewater System Assessments - The objective is to identify hydraulic deficiencies with respect to the City's standard level of service and industry performance criteria to define and prioritize immediate capital investment needs. For the wastewater collection system, this includes identifying lift station capacity exceedances and evaluating force main capacity under both dry-weather and wet-weather conditions. For the water distribution system, this includes assessment of existing distribution and transmission pipelines relative to typical municipal design standards and identification of restrictions and headloss within the system. • New Task 7 - Business Case Scenarios - The goal is to generate operational and management strategies that work hydraulically and promote economic sustainability for the City. For the wastewater collection system, this includes assessing impacts of inflow and infiltration on pumping and force main capacity, evaluating lift station pumping efficiency, assessing the ability to convey flows to the SCRWWTP using diversion and isolation valves, and evaluating impacts from changes in large customer demands and septic-to-sewer conversion. For the potable water distribution system, this includes evaluating water quality based on water age, assessing the ability to serve the City using a single water treatment plant, evaluating fire flow availability, and assessing impacts from systemwide demand changes. How will this affect city programs or services? This project will provide the City with comprehensive, calibrated hydraulic models for both the wastewater collection system and potable water distribution system. These models will enable the City to identify immediate infrastructure needs, prioritize capital investments, optimize system operations, respond to regulatory agency inquiries with confidence, and plan for future growth. The assessments and business case scenarios will support informed decision-making regarding system improvements, operational strategies, and economic sustainability for the City's utility systems. Budgeted Item: Yes Account Line Item and Description: US2403 - 403.5000.533.31.90 (Water) - 50K available US2403 - 403.5000.535.31.90 (Sewer) - 50K available Fiscal Impact: The amendment was budgeted in the 2026 CIP Budget. This amendment will increase the contract value by $100,000, bringing the total contract amount to $500,000. While this represents an additional cost to complete the task order, the investment in creating comprehensive, calibrated hydraulic models will generate significant long-term cost savings for the City. These models will enable staff to identify and prioritize capital improvements efficiently, optimize system operations to reduce energy costs, avoid costly emergency repairs through proactive planning, and make informed decisions that prevent unnecessary infrastructure investments. The ability to accurately model various scenarios will ensure that future capital projects are appropriately sized and strategically located, maximizing return on investment and extending the useful life of existing infrastructure. Attachments: R26-031 Agenda_Item_4275-2026_Approve_Amendment_No._1_to_Task_Order_- 29 _Carollo_Engineers.docx Exhibit A to Resolution - Signed Amd #1 corporate seal.pdf CO#1 Proposal BBU Modeling Project Amendment.pdf R25-041 Executed Resolution and TO.pdf PO-251133.PDF BBU Wastewater and Water Models Update and Calibration Exhibits A-C.pdf RFQ_CW24-001_General_Eng_Consulting_Svs_-_Contract_-Carollo_Engineers-_signed (1).pdf 30 RESOLUTION NO. R26-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO TASK ORDER 2 NO. GESUT-3C-03-25 WITH CAROLLO ENGINEERS, INC. FOR 3 WASTEWATER AND POTABLE WATER MODELS UPDATE AND 4 CALIBRATION; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, on November 19, 2024, the City entered into “General Engineering Consulting 8 Services Agreement” (the “Agreement”), pursuant to RFQ No. CW24-001, which authorized the 9 City to issue Task Orders for projects on an as-needed basis; and 10 WHEREAS, on February 4, 2025, the City Commission approved Task Order No. GESUT-11 3C-03-25 (the “Task Order”) for Wastewater and Potable Water Models Update and Calibration 12 (the “Project”); and 13 WHEREAS, the Parties desire to amend the Task Order to include additional engineering 14 and construction services necessary to complete the Project and increase the total fee under the 15 Task Order from Four Hundred Thousand Dollars ($400,000.00) to Five Hundred Thousand Dollars 16 ($500,000.00); and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve Amendment No. 1 to Task Order 19 GESUT-3C-03-25 with Carollo Engineers, Inc. for Wastewater and Potable Water models Update 20 and Calibration. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 22 BEACH, FLORIDA, THAT: 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 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 26 approve Amendment No. 1 to Task Order GESUT-3C-03-25 with Carollo Engineers, Inc. for 27 Wastewater and Potable Water models Update and Calibration, in form and substance similar to 28 that attached as “Exhibit A”. 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes the Mayor to execute the Amendment and any ancillary documents as may be 31 31 RESOLUTION NO. R26-031 necessary to accomplish the purpose of this Resolution. 32 SECTION 4. 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 Keith Webber to forward to the Vendor. 34 SECTION 5. This Resolution shall take effect in accordance with law. 35 36 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor – Rebecca Shelton _____ _____ 40 41 Vice Mayor – Woodrow L. Hay _____ _____ 42 43 Commissioner – Angela Cruz _____ _____ 44 45 Commissioner – Thomas Turkin _____ _____ 46 47 Commissioner – Aimee Kelley _____ _____ 48 49 VOTE ______ 50 ATTEST: 51 52 _____________________________ ______________________________ 53 Tammy Stanzione, CMC Rebecca Shelton 54 Deputy City Clerk Mayor 55 56 APPROVED AS TO FORM: 57 (Corporate Seal) 58 59 _______________________________ 60 Shawna G. Lamb 61 City Attorney 62 32 33 34 35 36 37 38 39 40 41 42 43 February 9, 2026 Keith Webber, PE Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Amendment to Task Order No. GESUT-3C-03-25 Wastewater and Potable Water Models Update and Calibration Dear Mr. Webber: As requested, we have prepared the following amendment to add new tasks to the scope of services for the subject project. Project Summary Base Contract Value Original Contract: $400,000.00 Total Contract Value: $400,000.00 Final Invoiced Amount (End of January 2026): $289,579.19 Contract Balance: $110,420.81 Amendment: Additional tasks: $100,000.00 Total Contract Value After Amendment: $500,000.00 Please refer to Table 1 for the amendment task breakdown. 44 Table 1. Amendment Task Breakdown City of Boynton Beach Amendment - BBU Wastewate and Potable Water Hydraulics Models Update and Calibration 1/29/2026 Budget Detail Task and Subtasks Staff Classification PrincipalProject ManagerSenior ProfessionalLead ProfessionalProfessionalClerical/Administrative$300.00 $260.00 $225.00 $195.00 $165.00 $120.00 Hours Labor Cost $16.00 1 PROJECT MANAGEMENT AND MEETINGS Amendment to Subtask 1.1 – Project Management and Communication 0 6 0 4 0 0 10 $2,340.00 $0.00 $160.00 $2,500.00 Amendment to Subtask 1.2 – Project Kickoff Meeting and Progress Meetings 2 4 0 16 10 0 32 $6,410.00 $0.00 $512.00 $6,922.00 Task 1 Totals = 2 10 0 20 10 0 42 $8,750.00 $0.00 $672.00 $9,422.00 2 DATA COLLECTION AND ANALYSIS Amendment to Subtask 2.4 – GIS Data and Coordination 0 0 0 24 4 0 28 $5,340.00 $0.00 $448.00 $5,788.00 New Subtask 2.8 – Flow Meter Package and Installation 0 0 1 7 4 0 12 $2,250.00 $12,080.00 $192.00 $14,522.00 Task 2 Totals = 0 0 1 31 8 0 40 $7,590.00 $12,080.00 $640.00 $20,310.00 3 HYDRAULIC MODELS CONVERSION AND UPDATE Amendment to Subtask 3.1 – Gravity Main and Force Main Extensions In Wastewater Model 0 1 0 12 12 0 25 $4,580.00 $0.00 $400.00 $4,980.00 Amendment to Subtask 3.3 – Addition of New Lift Stations Operational Attributes 0 1 0 12 12 0 25 $4,580.00 $0.00 $400.00 $4,980.00 Task 3 Totals = 0 2 0 24 24 0 50 $9,160.00 $0.00 $800.00 $9,960.00 4 HYDRAULIC MODELS CALIBRATION AND EXISTING SCENARIOS Amendment to Subtask 4.1 - Calibrating with Additional Infrastructure in the Dry Weather Calibration.0 3 0 5 0 0 8 $1,755.00 $0.00 $128.00 $1,883.00 Amendment to Subtask 4.2 - Calibrating with Additional Infrastructure in the Wet Weather Calibration.0 3 0 5 4 0 12 $2,415.00 $0.00 $192.00 $2,607.00 Task 4 Totals = 0 6 0 10 4 0 20 $4,170.00 $0.00 $320.00 $4,490.00 5 DELIVERABLES AND DOCUMENTATION Additional work for Draft Technical Memorandum 0 4 0 24 6 6 40 $7,430.00 $0.00 $640.00 $8,070.00 Additional work for Final Technical Memorandum 0 2 0 4 2 3 11 $1,990.00 $0.00 $176.00 $2,166.00 Task 5 Totals = 0 6 0 28 8 9 51 $9,420.00 $0.00 $816.00 $10,236.00 6 NEW TASK 6 – WATER AND WASTEWATER SYSTEM ASSESSMENTS New Subtask 6.1 – Wastewater Collection System Assessment 0 8 0 40 4 0 52 $10,540.00 $0.00 $832.00 $11,372.00 New Subtask 6.2 – Water Distribution System Assessment 0 4 0 18 4 0 26 $5,210.00 $0.00 $416.00 $5,626.00 Task 6 Totals = 0 12 0 58 8 0 78 $15,750.00 $0.00 $1,248.00 $16,998.00 7 NEW TASK 7 – BUSINESS CASE SCENARIOS New Subtask 7.1 – Wastewater Collection System Business Case Scenarios 0 8 0 52 10 0 70 $13,870.00 $0.00 $1,120.00 $14,990.00 New Subtask 7.2– Potable Water Distribution Business Case Scenarios 0 6 0 48 10 0 64 $12,570.00 $0.00 $1,024.00 $13,594.00 Task 7 Totals = 0 14 0 100 20 0 134 $26,440.00 $0.00 $2,144.00 $28,584.00 Total Project Hours/Dollars 2 50 1 271 82 9 415 $81,280.00 $12,080.00 $6,640.00 $100,000.00 Labor Hours and Costs ODCs Estimated Labor Cost, ODCs, and PECE Total PECE 45 Background The original Task Order (TO) provides engineering services for Carollo Engineers, Inc. (Carollo) to update and calibrate the City’s wastewater model and the City’s potable water model to existing infrastructure and operating conditions. This amendment adds new tasks to use the calibrated models to evaluate immediate system needs. Carollo understands that the City is also interested in the identification and timing of future needs (a Master Plan), however, that stage will be covered under a separate assignment. The scope changes and proposed additions are as follows: TASK 1 - PROJECT MANAGEMENT AND MEETINGS Amendment to Subtask 1.2 – Project Management and Communication Time to perform project management activities for an additional duration (four months), along w ith corresponding communication. Amendment to Subtask 1.2 – Project Kickoff Meeting and Progress Meetings Two (2) additional progress meetings (in person), one for each system , will be added for the coordination and presentation of additional tasks. (No amendment to Subtask 1.3) TASK 2 – DATA COLLECTION AND ANALYSIS Amendment to Subtask 2.4 – GIS Data & Coordination Using successive versions of the City’s GIS database, Carollo will update both the potable water distribution and wastewater collection system models to address data gaps and inconsistencies identified in the initial datasets, with particular focus on pipe diameters and material attributes. Model elements within both the potable water and wastewater models will also be renamed and reindexed to align with the Asset IDs provided in the City’s GIS shapefiles, improving consistency between the models and the City’s asset management records. New Subtask 2.8 – Flow Meter Package and Installation Carollo will coordinate the procurement and installation of a clamp -on flow meter and associated transducers on a wastewater force main near the intersection of N. Congress Avenue and Savannah Lakes Drive, as requested by the City. The cost of the flow meter and related vendor services are as follows: 1. The proposed equipment to be procured on behalf of the City includes the following : One unit of Flexim F401 flow meter (item 410011-20) 2. Two sets of flow transducers (items 411020 -2 and 411021-2) 3. One unit of Flexim Power Pack PP026NN backup battery (item 412060-6) 46 The selected vendor will deliver the equipment to the project site and provide installation, start-up, and operational support services, including on -site training for City staff on equipment installation, operation, data interpretation, and use of the associated data visualizati on software (Fluxdiag). Following installation, Carollo will conduct site visits, as needed, to download, review, and process flow monitoring data collected upstream of Master Lift Station 317. (No Change to Subtasks 2.1, 2.2, 2.3, and 2.5 through 2.7) TASK 3 - HYDRAULIC MODELS CONVERSION AND UPDATE Amendment to Subtask 3.1 – Gravity Main and Force Main Extensions In Wastewater Model Under the original Task Order (TO), Task 3.1 did not include updates to portions of the collection system upstream of gravity mains due to the absence of recorded invert elevations at manholes, which are required for gravity system modeling. • To address this limitation, Carollo identified lift stations and force mains that could be incorporated into the wastewater model and calibration effort if invert elevation data for selected upstream gravity segments were made available. Based on this asse ssment, the City proposed to provide the necessary records and amend the scope to include the following additional system components:3.6 miles of gravity segments, with its manholes, • 27 additional lift stations (for a total of 131 simulated lift stations), • 27.9 additional miles of force main that are connected upstream of the identified gravity segments (for a total of 75.3 miles), With the inclusion of these data, Carollo will update the wastewater hydraulic model to incorporate the identified gravity pipe segments and manholes, the additional upstream lift stations, and the associated interconnecting force mains, and will integrate these elements into the overall model calibration effort. Amendment to Subtask 3.3 – Addition of New Lift Stations Operational Attributes Pump curves, pump control (on/off) levels, logic controls/operational rules consistent with information provided will be included in the wastewater model. (No amendment to Subtasks 3.2, 3.4, 3.5, and 3.6) TASK 4 – HYDRAULIC MODELS CALIBRATION AND EXISTING SCENARIOS Amendment to Subtask 4.1 – Calibrating with Additional Infrastructure in the Dry Weather Calibration In addition to the effort to physically include infrastructure in the model, calibration of the model with this new infrastructure operating in current dry weather conditions is also required. Carollo will adjust appropriate variables such as flow allocations and diurnal patterns, lift station operation settings, roughness coefficients in this infrastructure, as in the originally anticipated infrastructure , to calibrate the model. 47 Amendment to Subtask 4.2 – Calibrating with Additional Infrastructure in the Wet Weather Calibration Carollo will adjust inflow and infiltration potential in this infrastructure and its upstream sewersheds, as in the originally anticipated infrastructure , to calibrate the model to wet weather conditions. (No amendment to Subtask 4.3) TASK 5 – DELIVERABLES AND DOCUMENTATION –Amendment The work performed under this amendment will generate additional model results and supporting documentation that build upon and complement the deliverables established under the original scope of services. These results will support a more forward -looking planning framework and provide an enhan ced technical basis for future master planning efforts. Two summary sections will be added to the Draft and Final Technical Memorandums: • Water and Wastewater System Assessments Summary • Business Case Scenarios Summaries The hydraulic models deliverables (in sewerGEMS and WaterGEMS format) will include one additional scenario per business case evaluated. Refer to New Task 6 and New Task 7 for a list of scenarios. NEW TASK 6 – WATER AND WASTEWATER SYSTEM ASSESSMENTS The objective of completing the performance assessments is to identify hydraulic deficiencies with respect to City’s standard level of service, standard service standards, and industry performance criteria, to define and prioritize capital investment needs. Because the models utilized for these analyses will not yet include future scenarios (which are typically developed in Master Plans), the identified needs will all be considered “immediate”. Priority will be assessed by evaluating 1) how sustained in a 2 4-hour simulation a deficiency with respect to the criterion is, and 2) the approximate number of customers (accounts) affected. When deficiencies may be solved using operational optimization strategies , such strategies will be tested in the model and suggested to the City when found feasible. These assessments are intended to provide a reliable technical basis for identifying/understanding and addressing issues and to respond to regulatory agency inquiries with confidence. Aside from being useful to assess the system needs, these scenarios will be useful in the future to evaluate potential infrastructure and project proposals . As part of this effort, system deficiencies, capacity limitations, and risks associated with the duration and location of the deficiencies, will be evaluated across dry-weather and wet-weather conditions for the wastewater system, and across average, maximum, and peak demands for the potable water system . New Subtask 6.1 – Wastewater Collection System Assessment The following assessments will be completed using the calibrated wastewater hydraulic model : • Identify lift station capacity exceedances under dry and wet weather scenario and determine associated pump replacement or upgrade needs. • Evaluate force main capacity under both dry-weather and wet-weather conditions. 48 Capital improvement projects will be proposed to resolve identified performance and capacity constraints. If options to improve the identified deficiencies by changing operations are identified, the model will be used to test such options and a list of selected suggestions provided. New Subtask 6.2 – Water Distribution System Assessment The following will be completed using the calibrated water hydraulic model: • Assessment of the existing distribution and transmission pipelines relative to typical municipal design standards, including velocity and pressure criteria , to assess system performance and identify potential capacity or operational constraints . • Identification of restrictions and headloss within the existing distribution system, including constraints at canal crossings. Capital improvement projects will be proposed to resolve identified performance and capacity constraints. If options to improve the identified deficiencies by changing operations are identified, the model will be used to test such options and a list of selected suggestions provided. NEW TASK 7 – BUSINESS CASE SCENARIOS The main goal of these scenarios and their analyses is to generate operational and management strategies that work hydraulically and promote economic sustainability for the City. The additional scenarios can also be used to respond to regulatory agency inquiries with certainty and to test alternative business -case assumptions. Under this amendment, only business case scenarios that evaluate existing infrastructure will be evaluated. Future scenarios (which require flow and demand projections and their allocation) are not included and will be developed and assessed to identify future needs for capital improvement under a different work assignment. New Subtask 7.1 – Wastewater Collection System Business Case Scenarios Assignments proposed include: • Assess the impacts of inflow and infiltration (I/I) on pumping and force main capacity. • Evaluate lift station pumping efficiency based on pump starts per hour, wet well retention times, and pump on/off control logic under severe wet weather flow conditions. • Assess the ability of the collection system to convey flows to the SCRWWTP using diversion and isolation valves under emergency operating conditions. • Evaluate the impacts associated with changes in large customer demands and a septic-to-sewer conversion scenario. Findings for each of the above scenarios will be listed and potential solutions, both from an operational and capital improvement standpoint, will be provided. Subtask 7.2– Potable Water Distribution Business Case Scenarios Scenarios will be developed with the aim of completing the following: 49 • Evaluate water quality based on water age for the existing system and under conditions where the system is served by a single treatment facility (3 scenarios). • Evaluate the ability to serve the City using a single water treatment plant (WTP), including impacts on interconnections with neighboring utilities. • Assess fire flow availability throughout the distribution system. • Evaluate the impacts associated with systemwide increases or decreases in water demand. Findings for each of the above scenarios will be listed and potential solutions, both from an operational and capital improvement standpoint, will be provided. PROJECT SCHEDULE The original contract schedule, which was preliminarily adjusted in July 2025, anticipated project completion by the end of March 2026. Several tasks included in this amendment have already been completed, including flow meter procurement , additional GIS data processing and usage, and the gravity main, force main, and lift station extensions in the wastewater model. For the remaining scope of work, it is anticipated that new tasks will require approximately three additional months to complete following the work under the original PO, as in Table 2. Table 2. Project Schedule PROJECT FEES The amended compensation terms are based on a Fee Not-to-Exceed basis with an upper limit of $100,000 with an estimated breakdown by Task as shown in Table 1. Labor rates are based on the contract fee schedule shown in the base contract. Cost for mileage for in-person meetings has been estimated using the Legend:Meeting Deliverable Mar Apr May Jun PROJECT MANAGEMENT AND MEETINGS Amendment to Subtask 1.1 – Project Management and Communication Amendment to Subtask 1.2 – Project Kickoff Meeting and Progress Meetings DATA COLLECTION AND ANALYSIS Amendment to Subtask 2.4 – GIS Data and Coordination New Subtask 2.8 – Flow Meter Package and Installation HYDRAULIC MODELS CONVERSION AND UPDATE Amendment to Subtask 3.1 – Gravity Main and Force Main Extensions In Wastewater Model Amendment to Subtask 3.3 – Addition of New Lift Stations Operational Attributes HYDRAULIC MODELS CALIBRATION AND EXISTING SCENARIOS Amendment to Subtask 4.1 - Calibrating with Additional Infrastructure in the Dry Weather Calibration. Amendment to Subtask 4.2 - Calibrating with Additional Infrastructure in the Wet Weather Calibration. DELIVERABLES AND DOCUMENTATION Additional work for Draft Technical Memorandum Additional work for Final Technical Memorandum NEW TASK 6 – WATER AND WASTEWATER SYSTEM ASSESSMENTS New Subtask 6.1 – Wastewater Collection System Assessment New Subtask 6.2 – Water Distribution System Assessment NEW TASK 7 – BUSINESS CASE SCENARIOS New Subtask 7.1 – Wastewater Collection System Business Case Scenarios New Subtask 7.2– Potable Water Distribution Business Case Scenarios TASKS 2026 50 United States Internal Revenue Service 2025 Standard Mileage Rate of $0.70/mile. A detailed fee breakdown is presented in Table 3. Table 3. Fee Summary Task No. Task Description Original Fee ($) Revised Budget ($) Net Increase ($) Billing Method 1 Project Management and Meetings $41,393.61 $50,815.61 $9,422.00 Hourly / Not- to-Exceed 2 Data Collection and Analysis $119,861.39 $140,171.39 $20,310.00 Hourly / Not- to-Exceed 3 Hydraulic Models Conversion and Update $107,785.00 $117,745.00 $9,960.00 Hourly / Not- to-Exceed 4 Hydraulic Models Calibration and Existing Scenarios $96,500.00 $100,990.00 $4,490.00 Hourly / Not- to-Exceed 5 Deliverables And Documentation $34,460.00 $44,696.00 $10,236.00 Hourly / Not- to-Exceed 6 New Task 6 – Water And Wastewater System Assessments - $16,998.00 $16,998.00 Hourly / Not- to-Exceed 7 New Task 7 – Business Case Scenarios - $28,584.00 $28,584.00 Hourly / Not- to-Exceed TOTAL $400,000.00 $500,000.00 $100,000.00 - Please contact us if you have questions or comments. We look forward to working with you on this project. Sincerely, CAROLLO ENGINEERS, INC. M. Angelica Gregory, PhD., PE Project Manager Elizabeth Fujikawa, PE, LEED AP Vice President 51 1 RESOLUTION NO. R25-041 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, APPROVING TASK ORDER NO. 5 GESUT-3C-03-25 FOR CAROLLO ENGINEERS, INC. TO UPDATE 6 AND CALIBRATE THE CITY'S WASTEWATER AND POTABLE 7 WATER MODELS AND SERVICES, AND TO CONVERT THE CITY'S 8 WASTEWATER MODEL FROM INNOVYZE INFOSWMM TO 9 BENTLEY SEWERGEMS AND THE POTABLE WATER MODEL 10 FROM INNOVYZE INFOWATER TO BENTLY WATERGEMS, FOR 11 AN AMOUNT NOT TO EXCEED $400,000; AUTHORIZING THE 12 MAYOR EXECUTE THE TASK ORDER AND ANY FUTURE 13 DOCUMENTS ASSOCIATED WITH THE TASK ORDER THAT DO 14 NOT INCREASE THE CITY'S FINANCIAL OBLIGATIONS, SUBJECT 15 TO THE APPROVAL OF THE CITY ATTORNEY; AND FOR ALL 16 OTHER PURPOSES. 17 18 WHEREAS, the City of Boynton Beach Utilities Department requests the approval of 19 Task Order No. GESUT-3C-03-25 for Carollo Engineers, Inc. ("Vendor"), utilizing the General 20 Engineering Consulting Services Agreement with the City, to perform a comprehensive review 21 and update of the City's existing hydraulic models; and 22 WHEREAS, the City owns and operates a wastewater collection system and a potable 23 water distribution system, both of which have not been updated nor calibrated in nine (9) 24 years, which the City wishes to continue to use as tools to evaluate the performance of existing 25 infrastructure and plan for future development and/or flow conditions; and 26 WHEREAS, the City desires a better understanding of the impact of wet weather on its 27 master wastewater conveyance infrastructure to improve resiliency, including the update and 28 calibration of its hydraulic models; and 29 WHEREAS, the approval of Task Order No. GESUT-3C-03-25 will provide the necessary 30 data and insights to better manage and optimize the City's water systems, specifically in terms 31 of flow, pressure, and capacity; and 32 WHEREAS, the enhancement of the City's water system models will enable to 33 proactively address system vulnerabilities, identify bottlenecks, and prepare for future 34 demands as the City community grows; and 35 WHEREAS, by updating its hydraulic models, the City can identify and prevent service 52 36 disruptions or failures, provide essential data to guide future infrastructure projects, upgrades, 37 and expansions, to better allocate resources for maintenance and repair, to anticipate and 38 manage emergencies related to water and wastewater systems, to ensure compliance with 39 state and federal regulations governing water systems, to reduce unnecessary expenditures 40 on reactive repairs and inefficient system upgrades, and to benefit City residents by providing 41 more reliable water and wastewater services; and 42 WHEREAS, the total cost of Task Order No. GESUT-2C-04-25 is not to exceed 43 $400,000; and 44 WHEREAS, upon recommendation of staff, the City Commission finds it in the best 45 interest of the citizens and residents of the City to approve Task Order No. GESUT-3C-03-25, 46 and to authorize the Mayor to execute the Task Order and any amendments that do not 47 increase the City's financial obligations, subject to review by the office of the City Attorney for 48 legal sufficiency. 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 51 BOYNTON BEACH, FLORIDA, THAT: 52 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 53 being true and correct and are hereby made a specific part of this Resolution upon adoption 54 hereof. 55 SECTION 2. The City Commission approves Task Order No. GESUT-3C-03-25, 56 attached as Exhibit A, and authorizes the Mayor to execute the Task Order and any 57 amendments that do not increase the City's financial obligations, subject to review by the 58 office of the City Attorney for legal sufficiency. 59 SECTION 3. This Resolution shall become effective as provided by law. 60 SIGNATURES ON THE FOLLOWING PAGE] 61 53 fh 62 PASSED AND ADOPTED this l day of February, 2025. 63 CITY OF BOYNTON BEACH, FLORIDA 64 65 YES NO 66 67 Mayor— Ty Penserga 68 69 Vice Mayor—Aimee Kelley 70 71 Commissioner— Angela Cruz 72 73 Commissioner—Woodrow L. Hay 74 75 Commissioner—Thomas Turkin 76 77 VOTE C 78 79 ATT : 80 81 000 82 83 Maylee De a, MPA, M ' Terga 84 City Clerk M. ,or 85 86 A ON BFq‘h APPROVED AS TO FORM: 87 (Corporate Seal)/b0;Qp^R r7 •.cy` 89 o vr o. ''I Ce Jiim6I• > • Cj P i0 90 v'; co(=2 . f Shawna G. Lamb 91 O1 City Attorney F1,0Ck, 54 Form of Task Order CITY OF BOYNTON BEACH General Engineering Consulting ry a Ta5k Order Task Order No GSESUT-3C-03- 25 Consultant: Carollo Engineers 1. Task/Project. Task Order No. GESUT-3C-03-25 Wastewater and Potable Water Models Update and Calibration 2. Detailed Scope of Professional Services. A detailed scope of services under this Task Order, in accordance with the phases of service detailed in the Agreement, is attached as Exhibit A 3. Deliverables and Schedule. For study/design related services: Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit B. For project administration services: Consultant shall provide project/construction administration I services in accordance with the Agreement and project schedule. 4. Compensation. The total estimated construction costs of the Project or the cost of the study or report for this Task Order may not exceed the amounts set forth in Section 287.055, Florida Statutes. The total Fee to be paid to the Consultant under this Task Order shall not exceed $400,000.00, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit C. The payment schedule (based on deliverables) is attached as Exhibit N/A. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the General 9 Engineering Consulting Services Agreement, dated November 19, 2024, by and between the City of Boynton Beach and Carollo Engineers, Inc. ("Consultant"), Contract No. CW24-001. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 4 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 55 8. Notice to Proceed (Task Order Form and Purchase Order). If checked, Consultant's receipt of a fully-executed copy of this Task Order and Purchase Order(PO) shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Purchase Order (PO) and Notice to Proceed. CONSULTANT: CITY OF BOYNTON BEACH Elizabeth Digitally signed by Elizabeth Fupkawa,PE By: Fujikawa, PE -0St ?12S.O1.b189731 By: s =' – toTX" Elizabeth Fujikawa e serga, Mayor Print Name: January 15th Date: 2025 Date: h-f 2025 City Attorney's Office Approv s to form ..'eg ity By: die./n4 / / r• SEAL i .INCORPORATED: iN4I ••• 20 ORIDP• RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 56 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and'The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE:An insurance contract or binder may be accepted as proof of insurance if a Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlowerthe stated limits,based upon Identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners & Contractor's Protective (OCP) Personal &Adv. Injury 1,000,000.00 Asbestos Abatement Each Occurrence 1,000,000.00 Lead Abatement Fire Damage (any one fire) 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate 1,000,000.00 Automobile Liability Combined Single Limit 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 1,000,000.00 Disease, Policy Limit 1,000,000.00 Disease Each Employe( 1,000,000.00 Property:Homeowners Revocable Permit 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other-As Risk Identified to be determined INSURANCE ADVISORY FORM Insurance Advisory 57 2056 Vista Parkway,Suite 150 West Palm Beach,Florida 33411 P 561-868-6400 dr-Ca rol/a carollo.com January 15, 2025 Keith Webber, PE Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Exhibit A: Proposal for Engineering Services Task Order No. GESUT-3C-03-25 Wastewater and Potable Water Models Update and Calibration Dear Mr.Webber: As requested, we have prepared the following proposed scope of services for the subject project. BACKGROUND The City of Boynton Beach (City) owns and operates a wastewater collection system and a potable water distribution system serving approximately 75,000 customers.The City has not updated or calibrated their wastewater or potable water hydraulic models in 9 years and wants to continue using them as tools to evaluate performance of existing infrastructure and plan for redevelopment/development and future flow conditions.The City also wants to achieve a better understanding of the impact of wet weather on its master wastewater conveyance infrastructure to improve resiliency.As a result,the City wants to update the hydraulic models with the most current GIS database, and calibrate the models based on select field testing and SCADA information. This Task Order(TO) provides engineering services for Carollo Engineers, Inc. (Carollo)to update and calibrate the City's wastewater model and the City's potable water model. Services to convert the wastewater model from Innovyze InfoSWMM to Bentley SewerGEMS and the potable water model from Innovyze InfoWater to Bentley WaterGEMS are also included. The scope of services proposed as part of this TO is as—follows: TASK 1- PROJECT MANAGEMENT AND MEETINGS Subtask 1.1—Project Management and Communication Carollo's project manager(PM)will make staffing assignments, review work progress, coordinate quality assurance and review procedures, and submit monthly progress reports along with monthly invoices.The PM will manage the budget, schedule, and invoicing. Regular virtual coordination phone calls will be held with the City PM and Carollo PM, monthly. Project No I BBU Wastewater and Water Models Update and Calibration SOW FINAL docx 58 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 2 Subtask 1.2—Project Kickoff Meeting and Progress Meetings Carollo will facilitate a working Kickoff Meeting (in person)to discuss project goals and expectations. One (1) virtual progress meeting will be held to discuss field test needs and other data requirements for calibration.Two 2) additional progress meetings (in person), one for each system, are included to review preliminary calibration results for the potable water and the wastewater hydraulic models. Subtask 1.3—Coordination with Other Ongoing Task Orders Time will be included under this subtask to coordinate activities among this and other TOs currently under development by Carollo, including the Boynton Beach Consent Order Assistance TO and the Boynton Beach Asset Management TO.This coordination of activities will be done through periodic internal meetings of the Carollo teams and will lead to streamlined management of information and quality of data and time/schedule savings. Task 1 Deliverables: Monthly progress reports and invoices. Meeting agendas, presentations, and minutes in electronic format(PDF). TASK 2 - DATA COLLECTION AND ANALYSIS Subtask 2.1—Collection System Data Collection: SCADA and Wet Weather Records Carollo will begin the project by requesting updated information, including: Latest GIS sewer database (.gdb or.shp format) Daily average influent flow totals into the South Central Regional Wastewater Treatment Plant SCRWWTP) measured upstream of headworks, Boynton side only, for the last five (5)years. (.xlsx spreadsheet format). Hourly influent to the SCRWWTP for the period when field testing will be performed. (.xlsx spreadsheet format). Hourly influent to the SCRWWTP for the five highest flow days within the last 5 years. (.xlsx spreadsheet format). Hourly influent to the SCRWWTP for the five lowest flow days within the last 5 years. (.xlsx spreadsheet format). Additional hourly data may be requested after the analysis of the historical data is completed. Lift station SCADA for the last year, including: o Pump runtimes (daily frequency for tandem lift stations, hourly for master lift stations, as available). (.xlsx spreadsheet format). o Pump status or pumps starts summaries (daily frequency for tandem lift stations, hourly for master lift stations, as available). (.xlsx spreadsheet format). Confirmed pump control levels (floats depth from wet well rim for tandem/submersible lift stations, and on/off/alarms elevations for master lift stations) (summarized in .xlsx spreadsheet format). Record drawings of any lift station configuration change that has occurred over the last 9 years. (.pdf format) 59 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 3 Record drawings of force main configuration changes that have occurred over the last 9 years, if not reflected in GIS. (.pdf format) Excel (.xlsx format)files with: o Updated pump curves information by lift station o Pump design parameters such as horsepower, rated flow and head, impeller diameter, number of pumps if updated, and connection size as available. o Annotations as to how the operator envisions the pump station would operate better, i.e. lead pump operating longer than jockey pumps. o Dated history of wet well overflows or instances where emergency operations were necessary to avoid overflows. Carollo will provide an Excel template for City to enter this information if such is not already in a working spreadsheet maintained by the City's Operations team. Any change in operating strategies as redevelopment has occurred (written/email format or.pdf diagrams) These data will be used to update the wastewater model as described in Task 3, and to calibrate it as described in Task 4. Subtask 2.2—Collection System Field Testing The objective of this subtask is to obtain an accurate dry weather flow(DWF) calibration data set and an accurate wet weather flow(WWF) calibration data set. For best accuracy, both the incoming flow into a station and the pumps response to it will be characterized in the field and reflected in the model. Because incoming flow is not currently monitored by SCADA, Carollo proposes to retain the services of a Subconsultant to perform flow monitoring. Dry and Wet Weather Flow Testing by a Subconsultant: In order to assess the impact of wet weather on the City's master wastewater conveyance infrastructure,the services of a Subconsultant will be retained to measure incoming wastewater flow at the City's master lift stations. These measurements are used to determine the amount of Inflow and Infiltration (I&I) in the sewer system.The flow testing will be over up to two extended (1 month each) periods (dry/wet)which will be scheduled at the same timeframe that the City and Carollo perform pressure and pump testing. Pressure and Pump Testing by the City with Carollo Assistance: With the aim to verify pump curve/capacity and system pressure, Carollo proposes that the City perform wet well draw-down testing at master lift stations during two different weather conditions. The field testing should be programmed as follows: After a period of approximately 5 days of dry weather, in parallel with dry weather flow monitoring. During a period of wet weather, in parallel with wet weather flow monitoring. A detailed testing procedure and form to fill out in the field for data collection will be provided by Carollo to the City. One form shall be filled out per each location tested, each of the testing days. Six (6) pressure loggers will be provided by Carollo,which shall be installed by the City to measure pressure at the discharge force main of each master lift station (6 in total) prior to the commencement of the flow 60 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 4 monitoring and drawdown tests. Prior to the start of Task 2,the City shall identify a location within the valve box of the master lift stations (typically at ARVs)where a1/4 NPT male thread fitting could be installed. Two (2) additional Carollo-provided pressure loggers shall be installed by the City at force main locations where ARVs are accessible and for a duration consistent with flow monitoring. The drawdown testing at master lift stations is expected to occur within this timeframe. Subtask 2.3—Collection System Dry and Wet Weather Flow Analysis Carollo will collect publicly available rainfall data from South Florida Water Management District rain gauges identified in Subtask 2.2 and classify the return interval and frequency of major rainfall events captured during the extended period test(s). Dry periods will be identified as well. For identified dry periods during field testing, characteristic dry weather flow volumes and diurnal patterns will be developed for each site with recorded data. Base sanitary flows will be compared vs.water billing data within the master lift station basins to approximate the proportion of groundwater infiltration. Results will be used in dry weather flow (DWF) scenarios of the hydraulic model. Wet weather response to the identified major rainfall events will be analyzed for each site with available flow data from field testing.The I&I response for each test site will be documented and replicated in the wet weather flow WWF) scenarios of the hydraulic model. Two storms with significant effects on the influent flow to the SCRWWTP will be selected for use in hourly calibration and total daily flow verification, respectively. Significant wet weather events are best determined by detailed data review but are typically considered to be storms greater than 1-inch which result in a (measurable or observable) response in the observed flow at monitoring locations and the WWTP. Subtask 2.4—GIS Data &Coordination Upon receiving from the City,the requested list of recently developed/redeveloped areas where changes to the potable water distribution system and wastewater collection system have not yet been reflected in the City GIS, Carollo will provide a virtual coordination and guidance workshop with the City GIS Department for City staff to draft necessary updates in the GIS from record drawings. This task also includes coordination of updates from changes to the systems due to pipe replacement or improvement projects not recorded in the GIS and gaps identified through other ongoing Task Orders by Carollo.Virtual meetings are ideal for screenshare and individual multi-screen use for comparison and discussion. If required, Carollo may provide files in .gdb or.shp format to the City to utilize in GIS update.The City will be responsible for the integration of the updates into City GIS. Subtask 2.5—Potable Water SCADA Data, Fire Flow Data, and Facility Records Collection Carollo will request updated information, including: Most up to date GIS water distribution system database (.gdb or.shp format) o Including geocoded customer location point layer. List of recently redeveloped areas where changes to the distribution system have not been reflected in the GIS (written/email format or.pdf diagrams) 61 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 5 Any changes to high service pump stations and storage tanks over the last 9 years (written/email format or.pdf diagrams, or design drawing .pdf files as needed) High service pump station SCADA data for the last 3 years,for the East Water Treatment Plant(WTP) and the West WTP, including: o Flow to distribution (hourly frequency) (.xlsx format) o Pressure to distribution (hourly frequency) (.xlsx format) o Pressure or speed settings of high service pumps (status On/Off or Speed—signal frequency if available) (.xlsx format) o Standard operating procedures (SOPs)for pumps and drives (from O&M Manual), including normally open or closed valves, normally used high service pumps (during an average demand day vs. a maximum demand day vs. a day with emergency/fire flow/flushing protocols) (written/ email format or.pdf diagrams) Record drawings and cut sheets of the pumps after the last pump upgrade at the East WTP (.pdf format) Record drawings and cut sheets of any changes to the high service pumps and/or their configuration at the West WTP (.pdf format) 3 years of SCADA (.xlsx format)for the 3 MG remote pumping and storage facility, including hourly: o Flow o Pressure (backfill and discharge as available) o Tank levels 3 years of SCADA (.xlsx format)for the Water Tower, including hourly: o Flow o Pressure o Tank levels The following pressure settings (written/email format or.pdf diagrams): o Filling pressure setting for the ground storage tank (GST). o System pressure that triggers pumping/withdrawal from the GST o Typical pressure at which the Water Tower starts filling up o Typical pressure at which the Water Tower starts emptying Hourly pressure at points of the water distribution system where pressure is currently measured by SCADA/telemetry (.xlsx format)for the past 3 years Any pump upgrades at the remote storage and pumping facility (.pdf format) Any change in operating strategies for the Water Tower since changes at the East WTP (written/email format or.pdf diagrams) These data will be used to update the potable water hydraulic model as described in Task 3, and to calibrate it as described in Task 4. Subtask 2.6—Potable Water Service Billing Data Request and Classification Water consumption information by account location and type will be requested (.xlsx format).This data is usually obtained from billing/metering services.The City will also provide a geocoded customer point layer(.gdb or.shp format)to join with and locate in GIS the data provided by the billing/metering services group. Consumption by account location and type will be used for hydraulic model update as described in Task 3. Carollo requests that any personal identification information of customers associated with each account be deleted. 62 Keith Webber, PE Boynton Beach Utilities January 15,2025 Page 6 Subtask 2.7—Sewer Exclusions from Water Service in Billing Data, Large Sewer Users, and Septic Areas Information Sewer flows will be calculated as a percentage of the potable water consumption for accounts with both water and wastewater services.To do this, a list or a database field identifying the accounts that only receive potable water service (that do not have a sewer connection) is requested (.xlsx format). Carollo will exclude such accounts from the wastewater hydraulic model. In addition, a list of large wastewater customers and wastewater-only accounts and their location will be requested (.xlsx format). Carollo requests that any personal identification information of customers associated with each account be deleted. Lastly, a map (.pdf electronic format)of the service area will be provided for the City to mark up the areas of the City that remain on septic tanks. TASK 3 - HYDRAULIC MODELS CONVERSION AND UPDATE Carollo recommends that the wastewater hydraulic model be converted from its current software, Innovyze InfoSWMM,to Bentley SewerGEMS prior to the planned retirement of product support for the Innovyze InfoSWMM software by the developer(which is expected in 2026). In addition, Carollo recommends that the conversion be performed concurrently with the update of the model and prior to calibration.This will be the most cost-efficient manner to perform the software conversion. To acquire software licensure for both water and wastewater products under a single provider, Carollo recommends that the potable water model is converted to Bentley WaterGEMS. Similar to the wastewater software conversion, this conversion would be performed concurrently with the update and prior to calibration. Carollo will complete the modeling subtasks listed below for the conversion and update of both hydraulic models. Subtask 3.1—Wastewater Collection Model Conversion and Update/Verification of Physical Attributes In this subtask, Carollo will first package all the current physical attributes of the InfoSWMM model into GIS and perform a comparison vs.the most current GIS database provided by the City. Carollo will update: New infrastructure connected directly to the force main system (no gravity). Force main and lift station connectivity. Vertical datum and elevations where needed (canal crossings, interstate crossings,wet wells, isolation valves, changes due to new development and redevelopment). Carollo will then import the updated physical attributes into a non-proprietary software (EPANET)that will allow a subsequent import into Bentley SewerGEMS software. Once the base infrastructure is in SewerGEMS, Carollo will: Perform topology checks for model connectivity/validity. Use provided record drawings to review node elevations and assumed friction factors. Modify model information if the pipe material has been updated due to recent projects, as information is made available. 63 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 7 Subtask 3.2—Migration of Wastewater Sewersheds and Update of Sewer Flow Allocation Sewershed polygons will be verified and updated from the City's GIS Department, as they have kept and maintained the previously Carollo-developed sewersheds GIS layer.This update will be performed for all stations including those not previously in the model.The result will be a single sewershed for each lift station there will be in the model.The entire service area will be covered by sewersheds, except for areas on septic. Because of the software conversion, and because a complete wet weather scenario calibration will be performed,these polygons will be migrated from the GIS layer and embedded in the wastewater model as sewer catchments, which are actual model elements that will be used for the simulation of rainfall-derived inflow and infiltration (I&I). Billing records gathered and analyzed in Subtasks 2.6 and 2.7 will be geoprocessed in GIS and aggregated by sewershed polygon to obtain average base loading flows at the level of lift station. The existing diurnal water use patterns by account type will be captured and aggregated by sewershed. These base flows and water use patterns will be compared to actual influent flow data (average and patterns, respectively) at locations where flow will be monitored during the collection system field testing that will be performed as part of Subtask 2.2.The resulting relationships will be used to load the different flow components at the different catchment elements of the wastewater model. The resulting flow allocation will be contrasted with 2020 Census data by census tract as a means to understand how population density, as recently recorded by the US Census Bureau, compares to actual sewer service allocation from metering.This TO does not include calculation or allocation of future/projected flows. However, this comparison will be useful to understand whether allocation for the analysis of future scenarios (to be developed under a future TO) shall be done using US Census Bureau projections or metered flows adjusted for expected growth. Subtask 3.3—Migration and Update of Sewer Lift Station Operational Attributes Under this subtask, Carollo will: Migrate, review, and update pump curves per data collected during this and other ongoing Carollo TOs. Migrate and update pump control (on/off) levels. Develop and program logic controls/operational rules consistent with the manner operators operate the lift stations in the field. Analyze lift station SCADA, monitored flows, and/or drawdown test results to determine existing pumping operations when unavailable from operators. This will be completed to determine logic controls/rules that will be necessary to mimic in the model. Subtask 3.4—Potable Water Model Conversion and Update of Physical Attributes.Addition of Redevelopment,Water Treatment Plant Pumping and Storage Infrastructure, and Interconnects In this subtask, Carollo will make use of the GIS database provided by the City and as-built records of work performed at the WTP and storage tank sites. Carollo will update: Pipeline and pump connectivity due to replacement, upgrade, redevelopment, or corrections made to the GIS database by the City's GIS Department. Water treatment plant yard piping related to high service pump stations, meters to distribution, and 64 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 8 storage tanks (other components of the WTP are not necessary to reflect in the potable water distribution hydraulic model). Interconnects. Vertical datum and elevations where needed (canal crossings, interstate crossings,tanks, control valves, pumps, new development and redevelopment included in the GIS database). In addition, Carollo will: Perform topology checks for model connectivity/validity. Review node elevations and assumed friction factors. Modify if the pipe material has been updated, as needed. Subtask 3.5—Update of Potable Water Demand Allocation Consumption data from billing records gathered in Subtask 2.6 will be geoprocessed in Excel and ArcGIS. The Thiessen polygon method will be used to allocate accounts consumption to junctions throughout the model junctions. The existing diurnal water use patterns by account type will be used, but their allocation to junctions will be updated in accordance with land use type updates,to account for development and redevelopment. Several combinations of demand patterns may be used to reflect mixed land uses where applicable. If separate customer information is available by account type from Metering Services, proportional demands reflecting the split between usage type will have respective land use type diurnal patterns applied. Subtask 3.6—Update of Operational Attributes at the Potable Water Treatment and Pumping Facilities—From SCADA, SOPs Carollo will analyze flow and pressure SCADA to determine operational trends and correlations among pumping operations and resulting system conditions and level of service.These trends and correlations will be used to program necessary controls in the model.Controls may be demand-based, pressure-based, or tank-level based. Standard operating procedures for an average flow day and for a maximum flow day, as available, and system settings as provided by the City, will also be used to program controls and dependencies in the average and maximum day scenarios. SCADA data will also be used to update the seasonal production pattern,which will be used to relate conditions in which the model is calibrated to average day demand and maximum day demand. TASK 4—HYDRAULIC MODELS CALIBRATION AND EXISTING SCENARIOS To obtain hydraulic models that closely mimic the City's systems operations, the hydraulic models need to be reasonably calibrated. Carollo strives to develop stable models that are over 95 percent accurate for flow predictions and within 2-7 psi for pressure, subject to the quality of the data.The resulting models would be useful for master planning as well as for operational decision-making. If the models are also able to replicate diverse existing scenarios (per field monitoring data and SCADA),the models would also be useful in conceptual design. 65 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 9 Subtask 4.1—Wastewater Collection System Dry Weather Flow Calibration In this subtask, Carollo will adjust appropriate variables such as flow allocations and diurnal patterns, lift station operation settings, and roughness coefficients to calibrate the model to the following 24-hour extended period patterns: Boynton Beach influent flow to the headworks of the SCRWWTP during DWF conditions. Five (5) master lift stations flows as monitored in Task 2. Five (5) master lift stations discharge pressure from pressure monitoring during drawdown testing per Task 2. Pressure collected in the field from up to three (3) accessible ARV locations per Task 2. Dry weather calibration is typically considered to be successful if it meets the following guidelines: Peak Flow Rate: -10%to +10%of measured, or ±0.1 MGD for low flow sites Flow Volume: -10%to +10%of measured, or ±0.1 MGD for low flow sites Shape:the shape of modeled and metered flow curves should be similar. Timing: The timing of peaks,troughs, and recessions of modeled and metered flow curves should be similar. Force Main Pressure:within ±2 to 7 psi. Subtask 4.2—Wastewater Collection System Wet Weather Flow Calibration In this subtask, Carollo will adjust appropriate variables such as R, T, and K coefficients for rainfall derived infiltration and inflow simulation to calibrate the model to the following hourly, multi-day extended period patterns: Boynton Beach influent flow to the headworks of the SCRWWTP during WWF conditions, as identified in WWF monitoring from Task 2. Six(6) master lift stations total WWF, as monitored in Task 2. Six (6) master lift stations discharge pressure or pump run patterns, as available from pressure monitoring or drawdown testing per Task 2. Pressure collected in the field from up to two (2) accessible ARV locations as available per Task 2. Wet weather calibration is typically considered to be successful if it meets the following guidelines: Peak Flow Rate: -15%to +25%of measured, or ±0.1 MGD for low flow sites Flow Volume: -10%to +20%of measured, or ±0.1 MGD for low flow sites Shape:the shape of modeled and metered flow curves should be similar. Timing: The timing of peaks,troughs, and recessions of modeled and metered flow curves should be similar. Force main pressure:within ±2 to 7 psi. If the flow monitoring effort included in this scope of work does not capture a significant wet weather event for calibration, the City may choose to extend the monitoring period at additional cost. 66 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 10 Subtask 4.3— Potable Water Distribution System Calibration to Existing Average Annual Demand In this subtask, Carollo will adjust appropriate variables to calibrate the potable water model to the following 24- hour extended period patterns: East and West WTPs finished water flow and pressure to distribution. Water Tower and remote pumping facility flow and tank levels. Select pressure points in the distribution system, as available from SCADA. The calibration effort will be initially completed under the flow conditions existing at the time of SCADA data retrieval. The calibrated scenario will be adjusted to average daily demand conditions using the updated seasonal water production pattern generated as part of Subtask 3.6. TASK S— DELIVERABLES AND DOCUMENTATION A calibrated wastewater model that is suitable to evaluate the existing wastewater collection system physically and operationally under both DWF and WWF conditions will result from this TO upon completion. A calibrated water hydraulic model that is suitable to evaluate the potable water distribution system operations under average day conditions will also result from this TO upon completion. The calibrated scenarios will provide the City with the ability to run a variety of analyses and master planning scenarios that the City may elect to obtain as part of a future TO. With the objective of documenting changes to the City's hydraulic models for City staff reference, the results of the project will be summarized in a Draft and a Final Technical Memorandums, which will include: An introduction including general purpose and scope, Condensed models update documentation such as data-supported parameters used to update and set up the new elements in the models, calibration setup and accuracy, and necessary information applicable to the DWF and WWF wastewater calibration scenarios, and average day potable water calibration scenario. Conclusions and recommendations for management of the models moving forward. Carollo will focus on presenting information in graphics and maps rather than using primarily report text. Detailed tables will be used to summarize models input and calibration results. City staff will be asked to provide comments on the Draft Technical Memorandum. The City may also elect to review the updated hydraulic models at the time of Draft Technical Memorandum submittal. Upon receipt of City comments, the document will be revised based on the comments and a final version will be issued. Deliverables: Collection system hydraulic model (SewerGEMS file format) Potable water system model. (WaterGEMS file format) Project GIS files (in .gdb format) Draft TM (electronic .pdf) 67 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 11 Final TM (electronic .pdf) PROJECT SCHEDULE A detailed project schedule will be provided at the project Kickoff Meeting, or upon coordination with the City on availability to perform the field testing. It is anticipated that the entire effort will be completed in 12 months. Per City direction, precedence will be given to the wastewater model conversion and updates, which will commence upon receipt of NTP. However, it should be noted that the timing of model calibration to wet weather conditions will be dependent on the ability to capture a significant wet weather event during field testing. CITY RESPONSIBILITIES Because of the nature of this project, certain assumptions apply to this Scope of Services. To the extent possible, these assumptions are stated within this document and are reflected in the budget. If the project task requirements are different from the assumptions presented in this Scope of Services, or if the City desires additional services, the resultant change in scope will serve as a basis for amending this project assignment or initiating the development of a new project assignment as agreed to by both the City and Carollo. The following assumptions and City responsibilities apply to this project: Carollo shall be entitled to rely upon the accuracy of the data and information supplied by the City without independent review or evaluation. The City shall attend all workshops and review meetings to maintain the progress of the project according to the schedule. The City will provide Carollo with access to facilities/sites for data gathering and data validation if/as needed. The City will assist with field testing as necessary, including making personnel available for the drawdown tests, installation of pressure/data loggers, and fire hydrant testing. Carollo will provide up to eight (8) pressure loggers for field testing. The City will provide all required information within reasonable time, which is considered no longer than 2 weeks, after notice to proceed. Carollo will provide a data request list at the project kickoff meeting. The schedule is based on timely receipt of data and may shift due to data requirements. The City shall review Draft deliverables and provide comments to Carollo within a two-week period. Although conversion of the models to a new software platform will be completed under this TO, the procurement of the new software and licensing to the City are not included in this TO. Carollo will use its own software for the development of the scope and model deliverables will need proprietary (Bentley) software to be used by others, including the City. Software and licensing shall be procured separately by the City for in-house use. PROJECT FEES The compensation terms are based on a Fee Not-to-Exceed basis with an upper limit of$400,000 with an estimated breakdown by Task as shown in Exhibit B. Labor rates are based on the contract fee schedule shown in 68 Keith Webber, PE Boynton Beach Utilities January 15,2025 Page 12 the base contract. Cost for mileage for in-person meetings has been estimated using the United States Internal Revenue Service 2025 Standard Mileage Rate of$0.70/mile. Rental cost for pressure loggers is included at a rate of$250/pressure logger unit and this fee includes rental of 8 units. Please contact us if you have questions or comments. We look forward to working with you on this project. Sincerely, CAROLLO ENGINEERS, INC. M.Angelica Gregory, PhD., PE Project Manager Elizabeth Fujikawa, PE, LEED AP Vice President 69 Exhibit B; Schedule Legend: Meeting• Deliverable. 2025 2026 ASKS . March April May June July Aug Sep Oct Nov Dec Jan Feb March Task 1: Project Management and Meetings 1. 1: Project Management and Communication 1. 2: Project Kickoff and Progress Meetings U • 1. 3: Coordination with other ongoing Task Orders Task 2: Data Collection and Analysis 2. 1: Collection System Data Collection: SCADA and Wet Weather Records 2. 2: Collection System Field Testing Includes Carollo Pressure Testing and I/ 1 Test by Subconsultant) 2. 3: Collection System Wet Weather Flow Analysis( for calibration to actual storm events) 2. 4: GIS Data and Coordination 2. 5: Potable Water SCADA Data, Fire Flow Data, and Facilities Records Collection 2. 6: Potable Water Service Billing Data Request and Classification 2. 7: Sewer Exclusions from Potable Water Service in Billing Data, Large Sewer Users, and Septic Areas Task 3: Hydraulic Models Conversion and Update 3. 1: Wastewater Collection Model Conversion and Update/ Verification of Physical Attributes 3. 2: Migration of Wastewater Sewersheds and Update of Sewer Flow Allocation 3. 3: Migration and Update/ Verification of Sewer Lift Station Operational Attributes 3. 4: Potable Water Model Conversion and Update of Physical Attributes. Addition of Redevelopment. Addition of new HSPS and Tank. Addition of Interconnects. 3. 5: Update of Potable Water Demand Allocation 3. 6: Update of Operational Attributes at the Potable Water Treatment and Pumping Facilities- from SCADA, Task 4: Hydraulic Models Calibration and Existing Scenarios 4. 1: Wastewater Collection System Dry Weather Flow Calibration 4. 2: Wastewater Collection System Wet Weather Flow Calibration 4. 3: Potable Water System Calibration( Ideally to Existing Average Annual Demand) 4. 4: Potable Water System Fire Flow Calibration Task 5: Documentation 5. 1 Draft Technical Memorandum 5. 2 Final Technical Memorandum 70 Exhibit C: BBU Wastewater and Potable Water Hydraulic Models Update and Calibration c a a m 0 o o f A V E c m c c 2 c c m a e a E f a a. 2_,,, p o n 0 6 8 o o u I N A w TASK NO. a a Nco rn m a a n 9 a V u r 12 h h w 12 Hourly Rates$ 300. 00 $ 260. 00 $ 250. 00 $ 225. 00 $ 165. 00 $ 200. 00 $ 120.00 Task 1: Project Management and Meetings 1. 1: Project Management and Communication 4 48 52 $ 13, 680. 00 13, 680. 00 1. 2: Project Kickoff and Progress Meetings 8 24 24 32 88 $ 19, 320. 00 113. 61 $ 19, 433. 61 1. 3: Coordination with other ongoing Task Orders 12 12 4 4 32 8. 280. 00 8, 280. 04 172 $ 41, 280. 00 113. 61 $ 41, 393. 61 Task 2: Data Collection and Analysis 2. 1: Collection System Data Collection: SCADA and Wet Weather Records 12 32 44 $ 10, 320. 00 10, 320. 00 2. 2: Collection System Field Testing 4 12 32 48 9, 020. 00 $ 56, 032. 39 $ 5, 603. 24 $ 2, 049. 00 $ 72, 704. 63 Includes Carollo Pressure Testing and Ill Test by Subconsultant 2. 3: Collection System Wet Weather Flow Analysis( for calibration to actual storm events) 24 40 64 $ 12, 840. 00 12, 840. 00 2. 4: GIS Data and Coordination 10 48 58 $ 10, 520. 00 10, 520. 00 2. 5: Potable Water SCADA Data. Fire Flow Data, and Facilities Records Collection 10 20 20 50 $ 10, 400. 00 10, 400. 00 2. 6: Potable Water Service Billing Data Request and Classification 4 28 32 5. 660. 00 5, 660. 00 2. 7: Sewer Exclusions from Potable Water Service in Billing Data, Large Sewer Users, 3, 020. 00 3. 020. 00 and Septic Areas Information 4 12 16 312 $ 61, 780. 00 $ 56, 032. 39 2, 049. 00 $ 119, 861. 39 Task 3: Hydraulic Models Conversion and Update 3. 1: Wastewater Collection Model Conversion and UpdateNerification of Physical 14, 390. 00 14, 390. 00 Attributes 4 2 50 8 64 3. 2: Migratiion of Wastewater Sewersheds and Update of Sewer Flow Allocatior 32 2 26 8 68 $ 16, 270. 00 16, 270. 00 3. 3: Migration and UpdateNerification of Sewer Lift Station Operational Attributes 16 2 25 24 67 $ 14, 245. 00 14, 245. 00 3. 4: Potable Water Model Convestion and Update of Physical Attributes. Addition of 40 4 88 20 535, 200. 00 35. 200. 00 Redevelopment. Addition of new HSPS and Tank. Addition of Interconnects. 152 3. 5: Update of Potable Water Demand Allocation 32 4 32 12 80 $ 18, 920. 00 18, 920. 00 3. 6: Update of Operational Attributes at the Potable Water Treatment and Pumping Facilities- from SCADA, SOPs. 16 4 16 36 8 760. 00 8, 760. 00 467 $ 107, 785. 00 0. 00 $ 107, 785. 00 Task 4: Hydraulic Models Calibration and Existing Scenarios 4. 1: Wastewater Collection System Dry Weather Flow Calibration 24 4 80 108 $ 25, 240. 00 25. 240. 00 4. 2: Wastewater Collection System Wet Weather Flow Calibration 60 4 120 184 $ 43, 600. 00 543, 600. 00 4. 3: Potable Water System Calibration( Ideally to Existing Average Annual Demand) 16 4 100 120 $ 27, 660. 00 27, 660. 00 Task 5: Documentation 412 S96, 500. 00 0. 00 S96, 500. 00 5. 1 Draft Technical Memorandum 6 16 64 16 102 $ 22. 280. 00 22, 280 00 5. 2 Final Technical Memorandum 12 36 8 56 $ 12. 184. 44 12, 180. 00 158 $ 34, 460. 00 0. 00 $ 34, 460. 00 Subtotal Hours 30 420 30 729 240 48 24 1521 $ 341, 805. 00 $ 56, 032. 39 Subtotal Fee $ 9, 000 $ 109, 200 $ 7, 500 $ 164, 025 $ 39, 600 $ 9, 600 $ 2, 880 341, 805. 00 $ 56, 032. 39 1 I $ 400, 000. 00 71 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 INQUIRIES REGARDING PURCHASE ORDER CALL (561)742-6310 VENDOR REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: * COMMISSION APPROVED: FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 85-8012621544C-0 THE CITY OF BOYNTON BEACH IS EXEMPT FROM FEDERAL EXCISE TAXES: WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL BE FURNISHED UPON REQUEST. IMPORTANT INSTRUCTIONS OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES, TICKETS, INVOICES, STATEMENTS, AND CORRESPONDENCE. MAIL INVOICES TO: FINANCIAL SERVICES DEPARTMENT P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 1. PROCUREMENT SERVICES: 2. RENDER SEPARATE INVOICE FOR THIS ORDER OR FOR EACH SHIPMENT THEREON IMMEDIATELY FOLLOWING SHIPMENT. 3. PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. INVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. P.O. TOTAL: ORIGINAL PROCUREMENT@BBFL.US 15111 TO: CAROLLO ENGINEERS, INC. 2056 VISTA PARKWAY SUITE 400 WEST PALM BEACH, FL 33411 P.O. #: 251133 DATE: 03/06/25 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA UPDATE AND CALIBRATE THE CITY'S 00000.0000 400000.00 WASTEWATER MODEL A REMARKS: TASK ORDER NO. GESUT-3C-03-25 COMMISSION APPROVED R25-041 ON 2/4/25 COBB CONTRACT NO. CW24001 TERM 11/19/24 - 11/18/26 COMMISSION APPROVED R24-291 ON 11/19/24 COI ON FILE EXP. 7/4/25 NOT TO EXCEED $ 400,000 W/O COMMISSION APPROVAL 400000.00 March 6, 2025 CONTRACT NO. CW24001 72 ATTACHED IS THE CITY OF BOYNTON BEACH STANDARD PURCHASE ORDER TERMS AND CONDITIONS 73 74 75 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 INQUIRIES REGARDING PURCHASE ORDER CALL (561)742-6310 VENDOR REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: * COMMISSION APPROVED: FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 85-8012621544C-0 THE CITY OF BOYNTON BEACH IS EXEMPT FROM FEDERAL EXCISE TAXES: WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL BE FURNISHED UPON REQUEST. IMPORTANT INSTRUCTIONS OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL PACKAGES, TICKETS, INVOICES, STATEMENTS, AND CORRESPONDENCE. MAIL INVOICES TO: FINANCIAL SERVICES DEPARTMENT P.O. BOX 310 BOYNTON BEACH, FL 33425-0310 1. PROCUREMENT SERVICES: 2. RENDER SEPARATE INVOICE FOR THIS ORDER OR FOR EACH SHIPMENT THEREON IMMEDIATELY FOLLOWING SHIPMENT. 3. PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. INVOICES AND STATEMENTS SUBJECT TO CASH DISCOUNT SPECIFIED HEREON. P.O. TOTAL: ORIGINAL PROCUREMENT@BBFL.US 15111 TO: CAROLLO ENGINEERS, INC. 2056 VISTA PARKWAY SUITE 400 WEST PALM BEACH, FL 33411 P.O. #: 251133 DATE: 03/06/25 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ******************************************************************** * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ******************************************************************** ---------------------------------------------------------------------- REQ/ACCT DATE REQ. BY PROJECT AMOUNT ---------------------------------------------------------------------- 0000090238 02/28/25 UTIL/WEBBERK/WO US2403 200000.00 40350005333190 0000090238 02/28/25 UTIL/WEBBERK/WO US2403 200000.00 40350005353190 ---------------------------------------------------------------------- March 6, 2025 76 2056 Vista Parkway, Suite 150 West Palm Beach, Florida 33411 P 561-868-6400 carollo.com Project No / BBU Wastewater and Water Models Update and Calibration SOW_FINAL.docx January 15, 2025 Keith Webber, PE Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Subject: Exhibit A: Proposal for Engineering Services Task Order No. GESUT-3C-03-25 Wastewater and Potable Water Models Update and Calibration Dear Mr. Webber: As requested, we have prepared the following proposed scope of services for the subject project. BACKGROUND The City of Boynton Beach (City) owns and operates a wastewater collection system and a potable water distribution system serving approximately 75,000 customers. The City has not updated or calibrated their wastewater or potable water hydraulic models in 9 years and wants to continue using them as tools to evaluate performance of existing infrastructure and plan for redevelopment/development and future flow conditions. The City also wants to achieve a better understanding of the impact of wet weather on its master wastewater conveyance infrastructure to improve resiliency. As a result, the City wants to update the hydraulic models with the most current GIS database, and calibrate the models based on select field testing and SCADA information. This Task Order (TO) provides engineering services for Carollo Engineers, Inc. (Carollo) to update and calibrate the City’s wastewater model and the City’s potable water model. Services to convert the wastewater model from Innovyze InfoSWMM to Bentley SewerGEMS and the potable water model from Innovyze InfoWater to Bentley WaterGEMS are also included. The scope of services proposed as part of this TO is as–follows: TASK 1 ‐ PROJECT MANAGEMENT AND MEETINGS Subtask . – Project Management and Communication Carollo’s project manager (PM) will make staffing assignments, review work progress, coordinate quality assurance and review procedures, and submit monthly progress reports along with monthly invoices. The PM will manage the budget, schedule, and invoicing. Regular virtual coordination phone calls will be held with the City PM and Carollo PM, monthly. 77 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 2 Subtask .( – Project Kickoff Meeting and Progress Me etings Carollo will facilitate a working Kickoff Meeting (in person) to discuss project goals and expectations. One (1) virtual progress meeting will be held to discuss field test needs and other data requirements for calibration. Two (2) additional progress meetings (in person), one for each system, are included to review preliminary calibration results for the potable water and the wastewater hydraulic models. Subtask .* – Coordination with Other Ongoing Task Or ders Time will be included under this subtask to coordinate activities among this and other TOs currently under development by Carollo, including the Boynton Beach Consent Order Assistance TO and the Boynton Beach Asset Management TO. This coordination of activities will be done through periodic internal meetings of the Carollo teams and will lead to streamlined management of information and quality of data and time/schedule savings. Task 1 Deliverables:  Monthly progress reports and invoices.  Meeting agendas, presentations, and minutes in electronic format (PDF). TASK ( ‐ DATA COLLECTION AND ANALYSIS Subtask (. – Collection System Data Collection: SC ADA and Wet Weather Records Carollo will begin the project by requesting updated information, including: · Latest GIS sewer database (.gdb or .shp format) · Daily average influent flow totals into the South Central Regional Wastewater Treatment Plant (SCRWWTP) measured upstream of headworks, Boynton side only, for the last five (5) years. (.xlsx spreadsheet format). · Hourly influent to the SCRWWTP for the period when field testing will be performed. (.xlsx spreadsheet format). · Hourly influent to the SCRWWTP for the five highest flow days within the last 5 years. (.xlsx spreadsheet format). · Hourly influent to the SCRWWTP for the five lowest flow days within the last 5 years. (.xlsx spreadsheet format). · Additional hourly data may be requested after the analysis of the historical data is completed. · Lift station SCADA for the last year, including: o Pump runtimes (daily frequency for tandem lift stations, hourly for master lift stations, as available). (.xlsx spreadsheet format). o Pump status or pumps starts summaries (daily frequency for tandem lift stations, hourly for master lift stations, as available). (.xlsx spreadsheet format). · Confirmed pump control levels (floats depth from wet well rim for tandem/submersible lift stations, and on/off/alarms elevations for master lift stations) (summarized in .xlsx spreadsheet format). · Record drawings of any lift station configuration change that has occurred over the last 9 years. (.pdf format) 78 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 3 · Record drawings of force main configuration changes that have occurred over the last 9 years, if not reflected in GIS. (.pdf format) · Excel (.xlsx format) files with: o Updated pump curves information by lift station o Pump design parameters such as horsepower, rated flow and head, impeller diameter, number of pumps if updated, and connection size as available. o Annotations as to how the operator envisions the pump station would operate better, i.e. lead pump operating longer than jockey pumps. o Dated history of wet well overflows or instances where emergency operations were necessary to avoid overflows. Carollo will provide an Excel template for City to enter this information if such is not already in a working spreadsheet maintained by the City’s Operations team. · Any change in operating strategies as redevelopment has occurred (written/ email format or .pdf diagrams) These data will be used to update the wastewater model as described in Task 3, and to calibrate it as described in Task 4. Subtask (.( – Collection System Field Testing The objective of this subtask is to obtain an accurate dry weather flow (DWF) calibration data set and an accurate wet weather flow (WWF) calibration data set. For best accuracy, both the incoming flow into a station and the pumps response to it will be characterized in the field and reflected in the model. Because incoming flow is not currently monitored by SCADA, Carollo proposes to retain the services of a Subconsultant to perform flow monitoring. Dry and Wet Weather Flow Testing by a Subconsultant: In order to assess the impact of wet weather on the City’s master wastewater conveyance infrastructure, the services of a Subconsultant will be retained to measure incoming wastewater flow at the City’s master lift stations. These measurements are used to determine the amount of Inflow and Infiltration (I&I) in the sewer system. The flow testing will be over up to two extended (1 month each) periods (dry/wet) which will be scheduled at the same timeframe that the City and Carollo perform pressure and pump testing. Pressure and Pump Testing by the City with Carollo Assistance: With the aim to verify pump curve/capacity and system pressure, Carollo proposes that the City perform wet well draw-down testing at master lift stations during two different weather conditions. The field testing should be programmed as follows: · After a period of approximately 5 days of dry weather, in parallel with dry weather flow monitoring. · During a period of wet weather, in parallel with wet weather flow monitoring. A detailed testing procedure and form to fill out in the field for data collection will be provided by Carollo to the City. One form shall be filled out per each location tested, each of the testing days. Six (6) pressure loggers will be provided by Carollo, which shall be installed by the City to measure pressure at the discharge force main of each master lift station (6 in total) prior to the commencement of the flow 79 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 4 monitoring and drawdown tests. Prior to the start of Task 2, the City shall identify a location within the valve box of the master lift stations (typically at ARVs) where a ¼ NPT male thread fitting could be installed. Two (2) additional Carollo-provided pressure loggers shall be installed by the City at force main locations where ARVs are accessible and for a duration consistent with flow monitoring. The drawdown testing at master lift stations is expected to occur within this timeframe. Subtask (.* – Collection System Dry and Wet Weather Flow Analysis Carollo will collect publicly available rainfall data from South Florida Water Management District rain gauges identified in Subtask 2.2 and classify the return interval and frequency of major rainfall events captured during the extended period test(s). Dry periods will be identified as well. For identified dry periods during field testing, characteristic dry weather flow volumes and diurnal patterns will be developed for each site with recorded data. Base sanitary flows will be compared vs. water billing data within the master lift station basins to approximate the proportion of groundwater infiltration. Results will be used in dry weather flow (DWF) scenarios of the hydraulic model. Wet weather response to the identified major rainfall events will be analyzed for each site with available flow data from field testing. The I&I response for each test site will be documented and replicated in the wet weather flow (WWF) scenarios of the hydraulic model. Two storms with significant effects on the influent flow to the SCRWWTP will be selected for use in hourly calibration and total daily flow verification, respectively. Significant wet weather events are best determined by detailed data review but are typically considered to be storms greater than 1-inch which result in a (measurable or observable) response in the observed flow at monitoring locations and the WWTP. Subtask (.4 – GIS Data & Coordination Upon receiving from the City, the requested list of recently developed/redeveloped areas where changes to the potable water distribution system and wastewater collection system have not yet been reflected in the City GIS, Carollo will provide a virtual coordination and guidance workshop with the City GIS Department for City staff to draft necessary updates in the GIS from record drawings. This task also includes coordination of updates from changes to the systems due to pipe replacement or improvement projects not recorded in the GIS and gaps identified through other ongoing Task Orders by Carollo. Virtual meetings are ideal for screenshare and individual multi-screen use for comparison and discussion. If required, Carollo may provide files in .gdb or .shp format to the City to utilize in GIS update. The City will be responsible for the integration of the updates into City GIS. Subtask (.6 – Potable Water SCADA Data, Fire Flow Data, and Facility Records Collection Carollo will request updated information, including: · Most up to date GIS water distribution system database (.gdb or .shp format) o Including geocoded customer location point layer. · List of recently redeveloped areas where changes to the distribution system have not been reflected in the GIS (written/ email format or .pdf diagrams) 80 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 5 · Any changes to high service pump stations and storage tanks over the last 9 years (written/ email format or .pdf diagrams, or design drawing .pdf files as needed) · High service pump station SCADA data for the last 3 years, for the East Water Treatment Plant (WTP) and the West WTP, including: o Flow to distribution (hourly frequency) (.xlsx format) o Pressure to distribution (hourly frequency) (.xlsx format) o Pressure or speed settings of high service pumps (status On/Off or Speed – signal frequency if available) (.xlsx format) o Standard operating procedures (SOPs) for pumps and drives (from O&M Manual), including normally open or closed valves, normally used high service pumps (during an average demand day vs. a maximum demand day vs. a day with emergency/fire flow/flushing protocols) (written/ email format or .pdf diagrams) · Record drawings and cut sheets of the pumps after the last pump upgrade at the East WTP (.pdf format) · Record drawings and cut sheets of any changes to the high service pumps and/or their configuration at the West WTP (.pdf format) · 3 years of SCADA (.xlsx format) for the 3 MG remote pumping and storage facility, including hourly: o Flow o Pressure (backfill and discharge as available) o Tank levels · 3 years of SCADA (.xlsx format) for the Water Tower, including hourly: o Flow o Pressure o Tank levels · The following pressure settings (written/ email format or .pdf diagrams): o Filling pressure setting for the ground storage tank (GST). o System pressure that triggers pumping/withdrawal from the GST o Typical pressure at which the Water Tower starts filling up o Typical pressure at which the Water Tower starts emptying · Hourly pressure at points of the water distribution system where pressure is currently measured by SCADA/telemetry (.xlsx format) for the past 3 years · Any pump upgrades at the remote storage and pumping facility (.pdf format) · Any change in operating strategies for the Water Tower since changes at the East WTP (written/ email format or .pdf diagrams) These data will be used to update the potable water hydraulic model as described in Task 3, and to calibrate it as described in Task 4. Subtask (.8 – Potable Water Service Billing Data Request and Classification Water consumption information by account location and type will be requested (.xlsx format). This data is usually obtained from billing/metering services. The City will also provide a geocoded customer point layer (.gdb or .shp format) to join with and locate in GIS the data provided by the billing/ metering services group. Consumption by account location and type will be used for hydraulic model update as described in Task 3. Carollo requests that any personal identification information of customers associated with each account be deleted. 81 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 6 Subtask (.; – Sewer Exclusions from Water Service in Billing Data, Large Sewer Users, and Septic Areas Information Sewer flows will be calculated as a percentage of the potable water consumption for accounts with both water and wastewater services. To do this, a list or a database field identifying the accounts that only receive potable water service (that do not have a sewer connection) is requested (.xlsx format). Carollo will exclude such accounts from the wastewater hydraulic model. In addition, a list of large wastewater customers and wastewater-only accounts and their location will be requested (.xlsx format). Carollo requests that any personal identification information of customers associated with each account be deleted. Lastly, a map (.pdf electronic format) of the service area will be provided for the City to mark up the areas of the City that remain on septic tanks. TASK * ‐ HYDRAULIC MODELS CONVERSION AND UPDATE Carollo recommends that the wastewater hydraulic model be converted from its current software, Innovyze InfoSWMM, to Bentley SewerGEMS prior to the planned retirement of product support for the Innovyze InfoSWMM software by the developer (which is expected in 2026). In addition, Carollo recommends that the conversion be performed concurrently with the update of the model and prior to calibration. This will be the most cost-efficient manner to perform the software conversion. To acquire software licensure for both water and wastewater products under a single provider, Carollo recommends that the potable water model is converted to Bentley WaterGEMS. Similar to the wastewater software conversion, this conversion would be performed concurrently with the update and prior to calibration. Carollo will complete the modeling subtasks listed below for the conversion and update of both hydraulic models. Subtask *. – Wastewater Collection Model Conversio n and Update/Verification of Physical Attributes In this subtask, Carollo will first package all the current physical attributes of the InfoSWMM model into GIS and perform a comparison vs. the most current GIS database provided by the City. Carollo will update: · New infrastructure connected directly to the force main system (no gravity). · Force main and lift station connectivity. · Vertical datum and elevations where needed (canal crossings, interstate crossings, wet wells, isolation valves, changes due to new development and redevelopment). Carollo will then import the updated physical attributes into a non-proprietary software (EPANET) that will allow a subsequent import into Bentley SewerGEMS software. Once the base infrastructure is in SewerGEMS, Carollo will: · Perform topology checks for model connectivity/validity. · Use provided record drawings to review node elevations and assumed friction factors. Modify model information if the pipe material has been updated due to recent projects, as information is made available. 82 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 7 Subtask *.( – Migration of Wastewater Sewersheds and Update of Sewer Flow Allocation Sewershed polygons will be verified and updated from the City’s GIS Department, as they have kept and maintained the previously Carollo-developed sewersheds GIS layer. This update will be performed for all stations including those not previously in the model. The result will be a single sewershed for each lift station there will be in the model. The entire service area will be covered by sewersheds, except for areas on septic. Because of the software conversion, and because a complete wet weather scenario calibration will be performed, these polygons will be migrated from the GIS layer and embedded in the wastewater model as sewer catchments, which are actual model elements that will be used for the simulation of rainfall-derived inflow and infiltration (I&I). Billing records gathered and analyzed in Subtasks 2.6 and 2.7 will be geoprocessed in GIS and aggregated by sewershed polygon to obtain average base loading flows at the level of lift station. The existing diurnal water use patterns by account type will be captured and aggregated by sewershed. These base flows and water use patterns will be compared to actual influent flow data (average and patterns, respectively) at locations where flow will be monitored during the collection system field testing that will be performed as part of Subtask 2.2. The resulting relationships will be used to load the different flow components at the different catchment elements of the wastewater model. The resulting flow allocation will be contrasted with 2020 Census data by census tract as a means to understand how population density, as recently recorded by the US Census Bureau, compares to actual sewer service allocation from metering. This TO does not include calculation or allocation of future/projected flows. However, this comparison will be useful to understand whether allocation for the analysis of future scenarios (to be developed under a future TO) shall be done using US Census Bureau projections or metered flows adjusted for expected growth. Subtask *.* – Migration and Update of Sewer Lift Station Operational Attributes Under this subtask, Carollo will: · Migrate, review, and update pump curves per data collected during this and other ongoing Carollo TOs. · Migrate and update pump control (on/off) levels. · Develop and program logic controls/operational rules consistent with the manner operators operate the lift stations in the field. · Analyze lift station SCADA, monitored flows, and/or drawdown test results to determine existing pumping operations when unavailable from operators. This will be completed to determine logic controls/rules that will be necessary to mimic in the model. Subtask *.4 – Potable Water Model Conversion and Update of Physical Attributes. Addition of Redevelopment, Water Treatment Plant Pumping and Storage Infrastructure, and Interconnects In this subtask, Carollo will make use of the GIS database provided by the City and as-built records of work performed at the WTP and storage tank sites. Carollo will update: · Pipeline and pump connectivity due to replacement, upgrade, redevelopment, or corrections made to the GIS database by the City’s GIS Department. · Water treatment plant yard piping related to high service pump stations, meters to distribution, and 83 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 8 storage tanks (other components of the WTP are not necessary to reflect in the potable water distribution hydraulic model). · Interconnects. · Vertical datum and elevations where needed (canal crossings, interstate crossings, tanks, control valves, pumps, new development and redevelopment included in the GIS database). In addition, Carollo will: · Perform topology checks for model connectivity/validity. · Review node elevations and assumed friction factors. Modify if the pipe material has been updated, as needed. Subtask *.6 – Update of Potable Water Demand Allocation Consumption data from billing records gathered in Subtask 2.6 will be geoprocessed in Excel and ArcGIS. The Thiessen polygon method will be used to allocate accounts consumption to junctions throughout the model junctions. The existing diurnal water use patterns by account type will be used, but their allocation to junctions will be updated in accordance with land use type updates, to account for development and redevelopment. Several combinations of demand patterns may be used to reflect mixed land uses where applicable. If separate customer information is available by account type from Metering Services, proportional demands reflecting the split between usage type will have respective land use type diurnal patterns applied. Subtask *.8 – Update of Operational Attributes at the Potable Water Treatment and Pumping Facilities – From SCADA, SOPs Carollo will analyze flow and pressure SCADA to determine operational trends and correlations among pumping operations and resulting system conditions and level of service. These trends and correlations will be used to program necessary controls in the model. Controls may be demand-based, pressure-based, or tank-level based. Standard operating procedures for an average flow day and for a maximum flow day, as available, and system settings as provided by the City, will also be used to program controls and dependencies in the average and maximum day scenarios. SCADA data will also be used to update the seasonal production pattern, which will be used to relate conditions in which the model is calibrated to average day demand and maximum day demand. TASK 4 – HYDRAULIC MODELS CALIBRATION AND EXISTING SCENARIOS To obtain hydraulic models that closely mimic the City’s systems operations, the hydraulic models need to be reasonably calibrated. Carollo strives to develop stable models that are over 95 percent accurate for flow predictions and within 2-7 psi for pressure, subject to the quality of the data. The resulting models would be useful for master planning as well as for operational decision-making. If the models are also able to replicate diverse existing scenarios (per field monitoring data and SCADA), the models would also be useful in conceptual design. 84 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 9 Subtask 4. – Wastewater Collection System Dry Weat her Flow Calibration In this subtask, Carollo will adjust appropriate variables such as flow allocations and diurnal patterns, lift station operation settings, and roughness coefficients to calibrate the model to the following 24-hour extended period patterns: · Boynton Beach influent flow to the headworks of the SCRWWTP during DWF conditions. · Five (5) master lift stations flows as monitored in Task 2. · Five (5) master lift stations discharge pressure from pressure monitoring during drawdown testing per Task 2. · Pressure collected in the field from up to three (3) accessible ARV locations per Task 2. Dry weather calibration is typically considered to be successful if it meets the following guidelines: · Peak Flow Rate: -10% to +10% of measured, or ±0.1 MGD for low flow sites · Flow Volume: -10% to +10% of measured, or ±0.1 MGD for low flow sites · Shape: the shape of modeled and metered flow curves should be similar. · Timing: The timing of peaks, troughs, and recessions of modeled and metered flow curves should be similar. · Force Main Pressure: within ±2 to 7 psi. Subtask 4.( – Wastewater Collection System Wet Weather Flow Calibration In this subtask, Carollo will adjust appropriate variables such as R, T, and K coefficients for rainfall derived infiltration and inflow simulation to calibrate the model to the following hourly, multi-day extended period patterns: · Boynton Beach influent flow to the headworks of the SCRWWTP during WWF conditions, as identified in WWF monitoring from Task 2. · Six (6) master lift stations total WWF, as monitored in Task 2. · Six (6) master lift stations discharge pressure or pump run patterns, as available from pressure monitoring or drawdown testing per Task 2. · Pressure collected in the field from up to two (2) accessible ARV locations as available per Task 2. Wet weather calibration is typically considered to be successful if it meets the following guidelines: · Peak Flow Rate: -15% to +25% of measured, or ±0.1 MGD for low flow sites · Flow Volume: -10% to +20% of measured, or ±0.1 MGD for low flow sites · Shape: the shape of modeled and metered flow curves should be similar. · Timing: The timing of peaks, troughs, and recessions of modeled and metered flow curves should be similar. · Force main pressure: within ±2 to 7 psi. If the flow monitoring effort included in this scope of work does not capture a significant wet weather event for calibration, the City may choose to extend the monitoring period at additional cost. 85 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 10 Subtask 4.* – Potable Water Distribution System Calibration to Existing Average Annual Demand In this subtask, Carollo will adjust appropriate variables to calibrate the potable water model to the following 24- hour extended period patterns: · East and West WTPs finished water flow and pressure to distribution. · Water Tower and remote pumping facility flow and tank levels. · Select pressure points in the distribution system, as available from SCADA. The calibration effort will be initially completed under the flow conditions existing at the time of SCADA data retrieval. The calibrated scenario will be adjusted to average daily demand conditions using the updated seasonal water production pattern generated as part of Subtask 3.6. TASK 6 – DELIVERABLES AND DOCUMENTATION A calibrated wastewater model that is suitable to evaluate the existing wastewater collection system physically and operationally under both DWF and WWF conditions will result from this TO upon completion. A calibrated water hydraulic model that is suitable to evaluate the potable water distribution system operations under average day conditions will also result from this TO upon completion. The calibrated scenarios will provide the City with the ability to run a variety of analyses and master planning scenarios that the City may elect to obtain as part of a future TO. With the objective of documenting changes to the City’s hydraulic models for City staff reference, the results of the project will be summarized in a Draft and a Final Technical Memorandums, which will include: · An introduction including general purpose and scope, · Condensed models update documentation such as data-supported parameters used to update and set up the new elements in the models, calibration setup and accuracy, and necessary information applicable to the DWF and WWF wastewater calibration scenarios, and average day potable water calibration scenario. · Conclusions and recommendations for management of the models moving forward. Carollo will focus on presenting information in graphics and maps rather than using primarily report text. Detailed tables will be used to summarize models input and calibration results. City staff will be asked to provide comments on the Draft Technical Memorandum. The City may also elect to review the updated hydraulic models at the time of Draft Technical Memorandum submittal. Upon receipt of City comments, the document will be revised based on the comments and a final version will be issued. Deliverables: · Collection system hydraulic model (SewerGEMS file format) · Potable water system model. (WaterGEMS file format) · Project GIS files (in .gdb format) · Draft TM (electronic .pdf) 86 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 11 · Final TM (electronic .pdf) PROJECT SCHEDULE A detailed project schedule will be provided at the project Kickoff Meeting, or upon coordination with the City on availability to perform the field testing. It is anticipated that the entire effort will be completed in 12 months. Per City direction, precedence will be given to the wastewater model conversion and updates, which will commence upon receipt of NTP. However, it should be noted that the timing of model calibration to wet weather conditions will be dependent on the ability to capture a significant wet weather event during field testing. CITY RESPONSIBILITIES Because of the nature of this project, certain assumptions apply to this Scope of Services. To the extent possible, these assumptions are stated within this document and are reflected in the budget. If the project task requirements are different from the assumptions presented in this Scope of Services, or if the City desires additional services, the resultant change in scope will serve as a basis for amending this project assignment or initiating the development of a new project assignment as agreed to by both the City and Carollo. The following assumptions and City responsibilities apply to this project: · Carollo shall be entitled to rely upon the accuracy of the data and information supplied by the City without independent review or evaluation. · The City shall attend all workshops and review meetings to maintain the progress of the project according to the schedule. · The City will provide Carollo with access to facilities/sites for data gathering and data validation if/as needed. · The City will assist with field testing as necessary, including making personnel available for the drawdown tests, installation of pressure/data loggers, and fire hydrant testing. Carollo will provide up to eight (8) pressure loggers for field testing. · The City will provide all required information within reasonable time, which is considered no longer than 2 weeks, after notice to proceed. Carollo will provide a data request list at the project kickoff meeting. The schedule is based on timely receipt of data and may shift due to data requirements. The City shall review Draft deliverables and provide comments to Carollo within a two-week period. · Although conversion of the models to a new software platform will be completed under this TO, the procurement of the new software and licensing to the City are not included in this TO. Carollo will use its own software for the development of the scope and model deliverables will need proprietary (Bentley) software to be used by others, including the City. Software and licensing shall be procured separately by the City for in-house use. PROJECT FEES The compensation terms are based on a Fee Not-to-Exceed basis with an upper limit of $400,000 with an estimated breakdown by Task as shown in Exhibit B. Labor rates are based on the contract fee schedule shown in 87 Keith Webber, PE Boynton Beach Utilities January 15, 2025 Page 12 the base contract. Cost for mileage for in-person meetings has been estimated using the United States Internal Revenue Service 2025 Standard Mileage Rate of $0.70/mile. Rental cost for pressure loggers is included at a rate of $250/ pressure logger unit and this fee includes rental of 8 units. Please contact us if you have questions or comments. We look forward to working with you on this project. Sincerely, CAROLLO ENGINEERS, INC. M. Angelica Gregory, PhD., PE Project Manager Elizabeth Fujikawa, PE, LEED AP Vice President 88 Exhibit B: ScheduleLegend:MeetingDeliverableMarchAprilMayJuneJulyAugSepOctNovDecJanFebMarchTask 1: Project Management and Meetings1.1: Project Management and Communication1.2: Project Kickoff and Progress Meetings1.3: Coordination with other ongoing Task OrdersTask 2: Data Collection and Analysis2.1: Collection System Data Collection: SCADA and Wet Weather Records2.2: Collection System Field Testing (Includes Carollo Pressure Testing and I/I Test by Subconsultant)2.3: Collection System Wet Weather Flow Analysis (for calibration to actual storm events)2.4: GIS Data and Coordination2.5: Potable Water SCADA Data, Fire Flow Data, and Facilities Records Collection2.6: Potable Water Service Billing Data Request and Classification2.7: Sewer Exclusions from Potable Water Service in Billing Data, Large Sewer Users, and Septic Areas Task 3: Hydraulic Models Conversion and Update3.1: Wastewater Collection Model Conversion and Update/Verification of Physical Attributes3.2: Migration of Wastewater Sewersheds and Update of Sewer Flow Allocation3.3: Migration and Update/Verification of Sewer Lift Station Operational Attributes3.4: Potable Water Model Conversion and Update of Physical Attributes. Addition of Redevelopment. Addition of new HSPS and Tank. Addition of Interconnects.3.5: Update of Potable Water Demand Allocation3.6: Update of Operational Attributes at the Potable Water Treatment and Pumping Facilities - from SCADA, Task 4: Hydraulic Models Calibration and Existing Scenarios4.1: Wastewater Collection System Dry Weather Flow Calibration4.2: Wastewater Collection System Wet Weather Flow Calibration4.3: Potable Water System Calibration (Ideally to Existing Average Annual Demand)4.4: Potable Water System Fire Flow CalibrationTask 5: Documentation5.1 Draft Technical Memorandum5.2 Final Technical Memorandum2025 2026TASKS89 Exhibit C: BBU Wastewater and Potable Water Hydraulic Models Update and CalibrationTASK NO.PrincipalProjec ManagerSenior Process Professional Senior Professional ProfessionalGIS Specialist Clerical /AdministrativeTotal HoursTotal LaborSubconsultantsSubconsultant Markup (10%)ExpensesTotal CompensationHourly Rates$300.00$260.00$250.00$225.00$165.00$200.00$120.00Task 1: Project Management and Meetings1.1: Project Management and Communication44852$13,680.00 $13,680.001.2: Project Kickoff and Progress Meetings824243288$19,320.00 $113.61 $19,433.611.3: Coordination with other ongoing Task Orders12124432$8,280.00$8,280.00172$41,280.00$113.61$41,393.61Task 2: Data Collection and Analysis2.1: Collection System Data Collection: SCADA and Wet Weather Records123244$10,320.00 $10,320.002.2: Collection System Field Testing (Includes Carollo Pressure Testing and I/I Test by Subconsultant)4 12 32 48 $9,020.00 $56,032.39 $5,603.24 $2,049.00 $72,704.632.3: Collection System Wet Weather Flow Analysis (for calibration to actual storm events)244064$12,840.00 $12,840.002.4: GIS Data and Coordination104858$10,520.00 $10,520.002.5: Potable Water SCADA Data, Fire Flow Data, and Facilities Records Collection10202050$10,400.00 $10,400.002.6: Potable Water Service Billing Data Request and Classification42832$5,660.00 $5,660.002.7: Sewer Exclusions from Potable Water Service in Billing Data, Large Sewer Users, and Septic Areas Information 4 12 16$3,020.00$3,020.00312$61,780.00$56,032.39$2,049.00$119,861.39Task 3: Hydraulic Models Conversion and Update3.1: Wastewater Collection Model Conversion and Update/Verification of Physical Attributes4 2 50 8 64$14,390.00 $14,390.003.2: Migratiion of Wastewater Sewersheds and Update of Sewer Flow Allocation32226868$16,270.00 $16,270.003.3: Migration and Update/Verification of Sewer Lift Station Operational Attributes162252467$14,245.00 $14,245.003.4: Potable Water Model Convestion and Update of Physical Attributes. Addition of Redevelopment. Addition of new HSPS and Tank. Addition of Interconnects.40 4 88 20152$35,200.00 $35,200.003.5: Update of Potable Water Demand Allocation324321280$18,920.00 $18,920.003.6: Update of Operational Attributes at the Potable Water Treatment and Pumping Facilities - from SCADA, SOPs. 16 4 16 36$8,760.00$8,760.00467$107,785.00$0.00$107,785.00Task 4: Hydraulic Models Calibration and Existing Scenarios4.1: Wastewater Collection System Dry Weather Flow Calibration24480108$25,240.00 $25,240.004.2: Wastewater Collection System Wet Weather Flow Calibration604120184$43,600.00 $43,600.004.3: Potable Water System Calibration (Ideally to Existing Average Annual Demand)164100120$27,660.00 $27,660.00412$96,500.00$0.00$96,500.00Task 5: Documentation5.1 Draft Technical Memorandum6166416102$22,280.00 $22,280.005.2 Final Technical Memorandum1236856$12,180.00$12,180.00158$34,460.00$0.00$34,460.00Subtotal Hours304203072924048241521$341,805.00$56,032.39Subtotal Fee$9,000$109,200$7,500$164,025$39,600$9,600$2,880$341,805.00$56,032.39$400,000.0090 RFQ CW24-001 General Engineering Consulting Services A-1 GENERAL ENGINEERING CONSULTING SERVICES AGREEMENT This Agreement (“Agreement”), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “CITY”, and CAROLLO ENGINEERS, INC. a [type of entity: corporation] authorized to do business in the State of Florida, with a business address of 2056 Vista Parkway, Suite 150, West Palm Beach, FL 33411, hereinafter referred to as “VENDOR”. In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the CITY solicited proposals for a non-exclusive agreement to perform General Engineering Consulting Services, and WHEREAS, the CITY issued a Request for Qualification for General Engineering Consulting Services; and WHEREAS, RFQ No. CW24-001 defined Scope of Services for General Engineering Consulting Services; and WHEREAS, the CITY determined that VENDOR was qualified for appointment to perform the scope of services set forth in RFQ No. CW24-001; and WHEREAS, the CITY Commission on July 16, 2024, determined that VENDOR was qualified for appointment to perform the scope of services set forth in the Request For Qualifications RFQ No. CW24-001; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1.SERVICES AND RESPONSIBILITIES. 1.1 VENDOR hereby agrees to perform the General Engineering Consulting Services, by way of individual Task Orders, at the request of the CITY during the term of this Agreement as more particularly described in the Request for Qualifications RFQ No. CW24-001 for General Engineering Consulting Services, which is incorporated herein by reference. The specific projects that may be assigned to the VENDOR are in conjunction with the specific ☒box next to the Scope Category: ☒Scope Category A Water Plant Modifications, Capacity and Operations Evaluation ☒Scope Category B Infrastructure Improvements and Evaluations ☒Scope Category C Ancillary Studies and Services ☐Scope Category D Transportation Services ☐Scope Category E Architectural Services ☐Scope Category F Hydrogeological Services ☐Scope Category G Green Infrastructure, Sustainability, and Resiliency Services ☐Scope Category H Geotechnical Services ☐Scope Category J Civil Land Development Services ☐Scope Category K Recreation and Parks Services 1.2 The VENDOR agrees to perform work assigned by Task Order(s) (the “Services”) under such terms as set forth in the Task Order(s). The Task Order Form is attached hereto as Exhibit A.The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 91 RFQ CW24-001 General Engineering Consulting Services A-2 1.3 VENDOR shall furnish all services, labor, equipment, supplies, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all Services performed under this Agreement shall be done in a professional manner. 1.4 VENDOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises VENDOR thereof in writing, VENDOR agrees to re-perform such deficient services without charge to the CITY. 1.5 The relationship between CITY and VENDOR created hereunder and the services to be provided by VENDOR pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other VENDORS to perform the same or similar services performed by VENDOR hereunder, so long as no other consultant shall be engaged to perform the specific project(s) assigned to VENDOR while VENDOR is so engaged without first terminating such assignment. VENDOR shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY’s interests in the services provided by VENDOR hereunder. 1.6 The VENDOR is responsible for defects in its work and in the work of its Sub consultants’. 1.7 PRELIMINARY SERVICES PHASE: The VENDOR shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The VENDOR shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.7.1 During the preliminary services phase, the VENDOR shall advise the CITY, based on VENDOR’S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; VENDOR to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY’S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the VENDOR’S findings and recommendations. 1.7.2 Preliminary design services to be performed by the VENDOR shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.7.3 VENDOR shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.7.4 Upon authorization of the CITY, the VENDOR will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 92 RFQ CW24-001 General Engineering Consulting Services A-3 1.8 BASIC SERVICES: The VENDOR shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.9 FINAL DESIGN SERVICES shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits, and landfill permits. 1.9.1 The VENDOR based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule, or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project’s civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems, and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The VENDOR shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.9.2 The VENDOR based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.9.3 The VENDOR shall assist the CITY in the preparation of the necessary proposal information and forms. 1.9.4 The VENDOR shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.9.5 The VENDOR shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.9.6 VENDOR shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked-up construction drawings to the VENDOR so that the VENDOR can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.9.7 Prior to final approval of the Construction Documents by the CITY, the VENDOR shall conduct a thorough review and quality control evaluation of the entire work product for compliance with the requirements of any local, state, or federal agency from which a permit or other approval is required. The VENDOR shall make sure that all necessary approvals have taken place. 1.9.8 Prior to each phased submittal, the VENDOR shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The VENDOR shall provide to the 93 RFQ CW24-001 General Engineering Consulting Services A-4 CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.9.9 The VENDOR shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The VENDOR shall comply with all of its governing laws, rules, regulations, codes, directives, and other applicable federal, state, and local requirements in preparation of the work. 1.10 The VENDOR shall provide the construction documents, technical specifications, and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.11 The VENDOR, following the CITY’s approval of the Construction Documents and the latest estimate of probable Construction Cost, shall, when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals and assist in preparing contracts for construction. 1.11.1 The VENDOR shall review and analyze the proposals received by the CITY and shall make a recommendation for any award based on the CITY’S Procurement Administrative Policy Manual. 1.11.2 Any Opinion of the Construction Cost prepared by VENDOR represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since VENDOR has no control over market conditions, VENDOR does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the VENDOR or if either local market conditions or industry-wide prices have changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY’S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the VENDOR renders the Final estimated probable Construction Cost of the Final Design Plans, the VENDOR shall not be responsible for any redesign without compensation, which shall be mutually agreed to by the parties hereto. 1.11.3 The VENDOR shall provide the CITY with a list of recommended prospective bidders. 1.11.4 The VENDOR shall attend all pre-proposal/per-bid conferences. 1.11.5 The VENDOR shall recommend any addenda, through the CITY’S representative as appropriate, to clarify, correct, or change proposal documents. 1.11.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals, Request for Qualifications or Invitation to Bid (two-step bid process), VENDOR shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.11.7 If requested, VENDOR shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.12 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the work after receiving a recommendation from the VENDOR. The VENDOR shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The VENDOR shall also review change orders prepared and submitted by 94 RFQ CW24-001 General Engineering Consulting Services A-5 Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The VENDOR will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.12.1 The CITY shall maintain a record of all change orders, which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.12.2 If the VENDOR is not the Construction Manager for the construction, the CITY shall notify the VENDOR within three (3) business days of the discovery of any architectural/engineering error or omission so that the VENDOR can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.13 The VENDOR shall carefully review and examine the Contractor’s schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the VENDOR shall sign the schedule of values indicated in the belief that the schedule of values constitutes a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.14 The VENDOR shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.19 “Resident Project Services” of this Agreement. The VENDOR observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the VENDOR will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the work completed. The VENDOR shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The VENDOR shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the work, nor shall the VENDOR be responsible for the Contractor's failure to perform the work in accordance with the requirements of the Contract Documents. The VENDOR shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor’s Application for Payment, the VENDOR shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the VENDOR will also represent to the CITY that to the best of its information and belief, based on what its observation has revealed, the work is in accordance with the Construction Documents. The VENDOR shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.15 The VENDOR shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings, and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY’S version of AutoCad formats for archival purposes. 1.16 The VENDOR shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 95 RFQ CW24-001 General Engineering Consulting Services A-6 1.17 The VENDOR shall review change orders prepared and submitted by the Contractor for the CITY’S approval. VENDOR shall not authorize any changes in the work or time, no matter how minor, without prior written approval by the CITY. 1.18 Each project’s construction or demolition shall be considered complete upon compilation of a punchlist by VENDOR, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by VENDOR that all releases of liens are satisfied, and written recommendation by VENDOR for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.19 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the VENDOR will, if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees (“Resident Project Representative”) of the VENDOR. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but are not limited to the following: a.Conducting all pre-construction conferences; b.Conducting all necessary construction progress meetings; c.Observation of the work in progress to the extent authorized by the CITY; d.Receipt, review coordination, and disbursement of shop drawings and other submittals; e.Maintenance and preparation of progress reports; f.Field observation and verification of quantities of equipment and materials installed; g.Verification of contractors’ and subcontractors’ payrolls and records for compliance with applicable contract requirements; h.Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project-related documents, and at the completion of each project, deliver all such records to the CITY; i.Preparation, update, and distribution of a project budget with each project schedule; j.Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; k.Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, and suppliers can jointly discuss such matters as procedures, progress, problems, and scheduling. l.Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; m.Development and implementation of a system for the preparation, review, and processing of change orders; n.Maintenance of a daily log of each project; o.Recording the progress of each project, and submission of written monthly progress reports to the CITY, including information on the Contractors’ work and the percentage of completion; p.Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and q.Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the VENDOR or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided, however, that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the VENDOR. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work, nor shall the Resident Project Representative be responsible for the Contractor’s failure to perform the work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, 96 RFQ CW24-001 General Engineering Consulting Services A-7 and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the work. Although VENDOR shall not be responsible for health or safety programs or precautions related to CITY”s activities or those of CITY’s other contractors and consultants or their respective subcontractors and vendors (“Contractors”), VENDOR shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by VENDOR’S employees or representatives. VENDOR shall not be responsible for CITY's pre- existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of VENDOR. VENDOR shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors, or others at the project site (“Project Site”) other than for VENDOR’s employees, sub-consultants, and vendors. 1.20 ADDITIONAL SERVICES 1.20.1 When additional services are necessary, they shall be specified in the written Task Order. Examples of additional non-exclusive services are: a.Preparation of applications and supporting documents for private or governmental grants, loans, or advances in connection with any particular project. b.Services to make measured drawings of or to investigate existing conditions or facilities or to verify the accuracy of drawings or other information furnished by or to the CITY. c.Services resulting from significant changes in the general scope, extent, or character of any particular project or its design, including but not limited to changes in size, complexity, the CITY’s schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the VENDOR’S control. d.Providing renderings or models for the CITY’s use. e.Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. f.Investigations and studies involving but not limited to, detailed considerations of operations, maintenance, and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. g.Assistance in connection with Proposal/proposal protests, re-bidding or re- negotiating contracts for construction, materials, equipment, or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the VENDOR (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. h.Preparing to serve or serving as a VENDOR or witness for the CITY in any litigation, arbitration, or other legal or administrative proceeding. i.Additional services in connection with a project not otherwise provided for in this Agreement. 97 RFQ CW24-001 General Engineering Consulting Services A-8 j.Services in connection with a field order or change order requested by the CITY. k.Providing artwork, models, or renderings as requested by the CITY. 1.21 When required by the Construction Contract documents in circumstances beyond the VENDOR’S control, and upon the CITY’S authorization, it will furnish the following additional services. a.Services in connection with work changes necessitated by unforeseen conditions encountered during construction. b.Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the VENDOR. c.Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the VENDOR or if the VENDOR fails to notify the Contractor of the deficient quality of their workmanship pursuant to VENDOR’S duties as described in the Contract Documents, the VENDOR’s additional services shall be deemed part of Basic Services and compensated as such. d.Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. e.Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. f.Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the VENDOR in which case such services shall be deemed Basic Services. Except when caused by a design error by the VENDOR, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. 1.22 CITY’S RESPONSIBILITIES 1.22.1 The CITY shall do the following in a timely manner so as not to delay the services of the VENDOR: 1.22.2 Designate in writing a person or persons to act as the CITY’s representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the VENDOR’S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this Agreement based on the specific Task Orders from each of the Scope Categories. 1.22.3 Provide all criteria and full information as to the CITY’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.22.4 Assist the VENDOR by providing, at the VENDOR’s request, all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the project. 98 RFQ CW24-001 General Engineering Consulting Services A-9 1.22.5 Furnish to the VENDOR, if required for the performance of VENDOR’s services (except where otherwise furnished by the VENDOR as Additional Services), the following: 1.22.6 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspection of samples, materials, and equipment; 1.22.6.1 Appropriate professional interpretations of all of the foregoing; 1.22.6.2 Environmental assessment and impact statements; 1.22.6.3 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.22.6.4 Property descriptions; 1.22.6.5 Zoning, deed, and other land use restrictions; 1.22.6.6 Approval and permits required in the CITY’s jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the VENDOR; and 1.22.6.7 Arrange for access to make all provisions for the VENDOR to enter upon the CITY’s property as required for the VENDOR to perform services under this Agreement. 1.22.6.8 Consistent with the professional standard of care and unless otherwise specifically provided herein, VENDOR shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. 1.23 SEQUENCE OF EVENTS 1.23.1 Following receipt of any Task Order, the VENDOR shall submit to the CITY, at least five (5) business days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.23.2 Task Orders will be issued to the VENDOR in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by VENDOR pursuant to this Agreement. 1.23.3 In accordance with the CITY’s Purchasing Policy Manual, proposals received by the VENDOR as a result of a Task Order that exceeds the Procurement threshold amount, will require approval from CITY Commission before the execution of services. 1.23.4 When the CITY issues Task Orders to the VENDOR, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of VENDOR, failure of the VENDOR to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.23.5 It is anticipated and intended that the VENDOR will be authorized to begin new Task Order(s) on a “rolling” basis, as some already assigned Task Orders near timely completion. If a subsequent Task Order is issued to the VENDOR before it has completed the current Task Order, the completion date for each Task Order will remain independent of each other so that the VENDOR will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to 99 RFQ CW24-001 General Engineering Consulting Services A-10 complete the “older” Task Orders in a timely manner may adversely impact continued early authorization to start subsequent work. 1.23.6 When the VENDOR has exceeded the stated completion date, including any extension for extenuating circumstances, which may have been granted, a written notice of Default will be issued within seven (7) calendar days of the date that the default became active with a requirement of seven (7) calendar days to cure said default, to the VENDOR and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.23.7 Should the VENDOR exceed the assigned completion time, the CITY reserves the right not to issue to the VENDOR any further Task Order(s) until such time as it is no longer in default and the VENDOR has demonstrated to the CITY’s satisfaction, the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent Task Orders. This restricted issuance provision may result in the VENDOR not being issued all of the planned work the CITY anticipated in this Agreement. The VENDOR shall have no right to the balance of any work or to any compensation associated with these non-issued Task Orders due to the VENDOR being rendered in default. 1.23.8 Should the VENDOR remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.23.6, the CITY may at its sole option retain another VENDOR to perform any Services arising out of this Agreement and/or terminate this Agreement. 1.24 DEFINITION OF DEFAULT 1.24.1 An event of default shall mean a material breach of this Agreement. Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: a.VENDOR has not performed services on a timely basis due to VENDOR’s negligent errors or omissions; b.VENDOR has refused or failed to supply enough properly skilled personnel; c.VENDOR has failed to make prompt payments to VENDOR’s sub-consultants or suppliers for any services after receiving payment from the CITY for such services or supplies; d.VENDOR has failed to obtain the approval of the CITY where required by this Agreement; e.VENDOR has refused or failed to provide the services as defined in this Agreement; f.VENDOR has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) calendar days of such date; g.CITY has failed to make payments to VENDOR in accordance with the requirements of this Agreement; 1.24.2 In the event of Default, the VENDOR shall be liable for all damages resulting from the Default including: a.The difference between the amount that has been paid to the VENDOR and the amount required to complete the VENDOR’s Services, provided the fees by the firm replacing the VENDOR are reasonable and the hourly rates do not exceed the VENDOR’S rates. This amount shall also include procurement and administrative costs incurred by the CITY. b.In the event of default by the City, VENDOR may suspend the Services pending receipt of such payment. 1.24.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of 100 RFQ CW24-001 General Engineering Consulting Services A-11 the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY’s rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. 1.25 VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY. 1.26 The CITY’s Representative during the performance of this Agreement shall be ____. 1.27 The VENDOR’s Representative during the performance of the Agreement shall be ______. 2.TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on 11/19/2024, and shall remain in effect through 11/18/2026. The City reserves the right to automatically renew the Agreement for two (2) two-year renewals subject to termination clause(s) as provided herein. The City requires firm fixed rates for the initial agreement term. Either party must give a sixty calendar day(s) written notice prior to the Agreement anniversary date of the intent to not renew for the renewal term. The initial term and any exercised renewal terms are collectively referred to as the “Term.” Automatic renewal terms will be based on the same terms, conditions, pricing, specifications, and services herein. The VENDOR understands and acknowledges that all services to be performed will be governed by this Agreement and that there is no guarantee of any assignment, minimum amount of professional services, compensation, or future work being given to the VENDOR. 3.Limited Term Extension: The CITY may, at its sole discretion and without further City Commission action, extend the term of this Agreement for an additional one-hundred and eighty (180) calendar days (the “limited term extension”) by filing a written notice signed by the Vendor and the City’s Purchasing Department. At no time shall this limited term extension extend more than one-hundred eighty (180) calendar days beyond the expiration date of this Agreement without further City Commission approval. The VENDOR will be reimbursed for these services at the rate in effect when this limited term extension clause was invoked by the CITY. 4.TIME OF PERFORMANCE / METHOD OF ORDERING SERVICES. 4.1. Services under this Agreement shall commence upon the CITY's written notice to the VENDOR through an executed Task Order. The VENDOR shall perform all Services and provide all work products required pursuant to this Agreement and the specific Task Order by the sequence of events, or unless the CITY grants an extension of time in writing. 4.2. Limitations. No Task Order issued under this Agreement will be valid if the estimated construction cost of the specific project or the study activity fee exceeds the amounts set forth in Section 287.055, Florida Statutes. 4.3. VENDOR shall complete each Task Order executed during the Term without regard to whether such completion would cause Services to be performed after the expiration date of this Agreement. Any Task Order for which performance extends beyond the Term may be amended after that expiration date, provided that any additional Services, time, and compensation are permitted under this Agreement. The terms and conditions of this Agreement shall continue to govern Task Orders notwithstanding the expiration of this Agreement. 5.PAYMENT. The VENDOR shall be paid by the CITY for completed work and for Services rendered as follows: a.Payment for the Services provided by VENDOR shall be made in accordance with the Fee Schedule as provided in Exhibit B attached hereto. b.Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the Services. c.Compensation for vendor’s sub-consultants will be negotiated based on each Task Order. Compensation will be through a direct mark-up in accordance with the Fee Schedule attached 101 RFQ CW24-001 General Engineering Consulting Services A-12 hereto. Sub-consulting services shall be approved by the City’s representative in writing prior to performance of the sub-consulting work. Consulting time for processing and management of the VENDOR’s sub-consultant shall not be included in direct cost as the direct mark-up is applied for management efforts. d. The VENDOR may submit invoices to the CITY once per month during the progress of the Srevices for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. e. In certain cases where incremental billing for partially completed Services is permitted by the CITY’s representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. f. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to-exceed method, the VENDOR shall submit a not- to-exceed proposal to the CITY’s representative for prior approval based on estimated labor hours and hourly rates, which shall not exceed the established hourly rates set forth in the Fee Schedule, plus any sub-consultant services and other related costs supporting the proposed Services. The CITY shall not be obligated to reimburse the VENDOR for costs incurred in excess of the total not-to-exceed cost amount. g. Final payment of any balance due to the VENDOR of the total Task Order price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Services under this Agreement and its acceptance by the CITY. h. Final Invoice: In order for both parties herein to close their books and records, the VENDOR will clearly state “Final Invoice” on the VENDOR’s final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, any other further charges, if not properly included on this invoice, are considered waived by the VENDOR. i. The VENDOR’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. j. Hourly rates shall remain fixed and firm for the initial two (2) year period of this Agreement. Cost of subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes as determined by the City, have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumer Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase or decrease in the CPI shall be based on the latest index published and available ninety (90) calendar days prior to the end of the Agreement year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) calendar days prior to the Agreement anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of this Agreement. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the VENDOR, a reasonable reduction in costs that reflect such changes in the industry. All rate increases above 2% must be approved by the City Commission on the recommendation of the Director of Financial Services. k. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Agreement may be canceled by the CITY upon giving thirty (30) calendar days’ written notice to the VENDOR. l. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 102 RFQ CW24-001 General Engineering Consulting Services A-13 6. OWNERSHIP AND USE OF DOCUMENTS. Upon completion of any project / Task Order and final payment to VENDOR, all documents, drawings, specifications, and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the VENDOR shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with VENDOR’s endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of VENDOR, shall be at the CITY’s sole risk and without liability to VENDOR and VENDOR’s sub-consultants. 7. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 8. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR’s Services shall meet or exceed the standard of care and skill ordinarily used by members of VENDOR’s profession practicing under similar circumstances. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 9. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. 10. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless CITY and its current, past, and future officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of VENDOR or other persons employed or utilized by VENDOR in the performance of this Agreement. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidential, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF VENDOR MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT 11. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY’s Risk Management Director. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: a. Worker’s Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker’s Compensation Insurance covering all employees 103 RFQ CW24-001 General Engineering Consulting Services A-14 with limits meeting all applicable state and federal laws. This coverage shall include Employer’s Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker’s Compensation and Employer’s Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. b. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an “Occurrence” basis. Coverage shall include Premises and Operations; Independent consultants, Products-Completed Operations, and Contractual Liability with specific reference to Article 7, “Indemnification” of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) calendar days prior written notice to the CITY. c. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. d. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. e. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must follow the form of the General Liability, Auto Liability, and Employer’s Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded to the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty (30) calendar days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Risk Management Director. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 12. INDEPENDENT VENDOR/CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent vendor/contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing 104 RFQ CW24-001 General Engineering Consulting Services A-15 to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 13. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR’s most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. 15. SUBCONTRACTING. A. VENDOR shall not utilize the services of any sub-consultant without the prior written approval of CITY B. The CITY reserves the right to accept the use of a sub-consultant or to reject the selection of a particular sub-consultant and to inspect all facilities of any sub-consultant in order to make a determination as to the capability of the sub-consultant to perform properly under this Agreement. If the VENDOR uses any sub-consultants on this project, the following provisions of this Article shall apply: C. If a sub-consultant fails to perform or make progress, as required by this Agreement, and it is necessary to replace the sub-consultant to complete the Services in a timely fashion, the VENDOR shall promptly do so, subject to acceptance of the new sub-consultant by the CITY. The substitution of a sub-consultant shall not be adequate cause to excuse a delay in the performance of any portion of this Agreement as set forth in the Scope of Work or applicable Task Order. D. The VENDOR, its sub-consultants, agents, servants, or employees agree to be bound by the terms and conditions of this Agreement and its agreement with any sub-consultant for work to be performed for the CITY the VENDOR must incorporate the terms of this Agreement. 16. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 17. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 18. NON-WAIVER. A waiver by either CITY or VENDOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 19. TERMINATION. 105 RFQ CW24-001 General Engineering Consulting Services A-16 A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by VENDOR of written notice of such neglect or failure. 20. DISPUTES. A. Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction exclusively located in Palm Beach County. B. Correction of Work. If, in the judgment of CITY, work provided by VENDOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that VENDOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. C. Remedies in Default. In case of default by VENDOR, CITY shall notify VENDOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct VENDOR to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) calendar days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify VENDOR of such declaration of default and terminate the Agreement. a. Upon such declaration of default, all payments remaining due VENDOR at the time of default, less all sums due CITY for damages suffered or expenses incurred by reason of default, shall be due and payable to VENDOR. b. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to VENDOR together with the costs incident thereto to such default. c. In the event CITY completes the Agreement at a lesser cost than would have been payable to VENDOR under this Agreement, if the same had been fulfilled by VENDOR, CITY shall retain such differences. Should such cost to CITY be greater, VENDOR shall pay the amount of such excess to the CITY. d. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by VENDOR fails to meet reasonable standards of the trade after CITY gives written notice to the VENDOR of the deficiencies as set forth in the written notice within thirty (30) calendar days of the receipt by VENDOR of such notice from CITY. 21. UNCONTROLLABLE FORCES. 21.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, 106 RFQ CW24-001 General Engineering Consulting Services A-17 earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 21.2 Neither party shall, however, be excused from performance if non-performance is due to forces, which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 22. CITY PROVIDED INFORMATION AND SERVICES. 22.1 CITY shall furnish VENDOR available studies, reports, and other data pertinent to VENDOR’S services; obtain or authorize VENDOR to obtain or provide additional reports and data as required; furnish to VENDOR services of others required for the performance of VENDOR’s Services hereunder, and VENDOR shall be entitled to use and rely upon all such information and services provided by CITY or others in performing VENDOR’s Services under this Agreement. 23. ESTIMATES AND PROJECTIONS. 23.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, VENDOR has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, VENDOR makes no warranty that CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from VENDOR’s opinions, analyses, projections, or estimates. 24. THIRD PARTIES. 24.1 The services to be performed by VENDOR are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on VENDOR’s performance of its services hereunder, and no right to assert a claim against VENDOR by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of VENDOR’s services hereunder. 25. NOTICES. Notices to the CITY shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: ATTN: Elizabeth Fujikawa Carollo Engineers, Inc. Address: 2056 Vista Parkway Suite 150 West Palm Beach, FL 33411 Phone: 561-868-6400 Email: efujikawa@carollo.com 26. INTEGRATED AGREEMENT. This Agreement, together with RFQ and any addenda and/or attachments, represents the entire and integrated Agreement between the CITY and the VENDOR and supersedes all 107 RFQ CW24-001 General Engineering Consulting Services A-18 prior negotiations, representations, or agreements, written or oral. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. 27. PUBLIC RECORDS. The CITY is a public agency subject to Chapter 119, Florida Statutes. The VENDOR shall comply with Florida’s Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, VENDOR shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the VENDOR transfers the records in its possession to the CITY; and D. Upon completion of the Agreement, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in VENDOR’s possession. All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6060 CityClerk@bbfl.us 28. E-VERIFY. 28.1 VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. Definitions for this Section: A. “Contractor, Vendor, Proposer, Consultant” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. B. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 108 RFQ CW24-001 General Engineering Consulting Services A-19 28.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E- Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the Agreement; B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. By entering into this Agreement, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 28.1.3 Contract Termination. If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1), Fla. Stat., the contract shall be terminated 29. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VENDOR of the CITY's determination concerning the false certification. VENDOR shall have five (5) calendar days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 30. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 31. CONFLICTS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of this Agreement, Exhibits, any Task Order, VENDOR’s Proposal, or other documents incorporated into this Agreement, such conflict shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) any Task Order, (3) the RFQ, and (4) VENDOR’s Proposal. 32. COMPLIANCE WITH STATE ENERGY POLICY AND CONSERVATION ACT. VENDOR shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 33. DOMESTIC PREFERENCE FOR PROCUREMENTS. As appropriate and to the extent consistent with law, the VENDOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items 109 RFQ CW24-001 General Engineering Consulting Services A-20 and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 34. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA RIGHTS. If applicable, the VENDOR grants to CITY, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this Agreement, VENDOR will identify such data and grant to the CITY or acquire on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this Agreement, VENDOR will deliver to the VENDOR data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this Agreement in formats acceptable by VENDOR. 35. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. VENDOR represents and certifies: (i) VENDOR 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 VENDOR; and (iii) VENDOR is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. Prior to VENDOR and any subcontractor having access to personal identifying information pursuant to this Agreement, VENDOR and any subcontractor shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City 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. 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. 36. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, VENDOR shall provide CITY with an affidavit attesting that the VENDOR does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 37. COUNTRIES OF CONCERN. VENDOR represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101, Florida Statutes. 38. DULY LICENSED. VENDOR represents that it is duly licensed in Florida to perform the Services under this Agreement and that it will continue to maintain all licenses and approvals required to conduct its business. SIGNATURE PAGE FOLLOWS 110 RFQ CW24-001 General Engineering Consulting Services A-21 “This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes.” IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be considered an original on the following dates: DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ Ty Penserga, Mayor (Authorized Official Name), (Vendor) __________________________________ Print Name of Authorized Official __________________________________ Title (Corporate Seal) Attest/Authenticated: _______________________________ Witness _______________________________ Print Name Approved as to Form: ________________________________ Shawna G. Lamb, Office of the City Attorney Attest/Authenticated: _______________________________ Maylee De Jesus, City Clerk Elizabeth Fujikawa, P.E. Vice President Laura Baumberger 111 RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A EXHIBIT A Form of Task Order CITY OF BOYNTON BEACH General Engineering Consulting Services Task Order Task Order No. _____ Consultant: _______________________ 1. Task/Project. _____________(Insert title and brief description)_______________________________ 2. Detailed Scope of Professional Services. A detailed scope of services under this Task Order, in accordance with the phases of service detailed in the Agreement, is attached as Exhibit ____. 3. Deliverables and Schedule. For study/design related services: Consultant shall deliver to the City the deliverables specified at the time indicated on the attached Exhibit ____. For project administration services: Consultant shall provide project/construction administration services in accordance with the Agreement and project schedule. 4. Compensation. The total estimated construction costs of the Project or the cost of the study or report for this Task Order may not exceed the amounts set forth in Section 287.055, Florida Statutes. The total Fee to be paid to the Consultant under this Task Order shall not exceed _______________________, based on the hourly rates currently in effect under the Agreement. A detailed fee schedule is attached as Exhibit ______. The payment schedule (based on deliverables) is attached as Exhibit ______. 5. Agreement Reference. This Task Order shall be performed under the terms and conditions described within the General Engineering Consulting Services Agreement, dated ________________________, 20____, by and between the City of Boynton Beach and __________________ (“Consultant”), Contract No. _____. 6. Insurance. Consultant shall maintain insurance coverages in accordance with the Agreement and hereby confirms that Certificate(s) of Insurance evidencing current policies meeting the requirements of the Agreement are on file with the City as of the date of this Task Order. 7. Exhibits. All attached Exhibits are incorporated fully into this Task Order and the Agreement. 112 RFQ CW24-001 General Engineering Consulting Services Task Order Form Exhibit A 8. Notice to Proceed (Task Order Form and Purchase Order). ☐ If checked, Consultant’s receipt of a fully-executed copy of this Task Order and Purchase Order (PO) shall serve as the Notice to Proceed under this Task Order, effective as of the date the fully-executed Task Order was emailed to the Consultant. ☐ If checked, Consultant shall commence Services under this Task Order as specified in a forthcoming Purchase Order (PO) and Notice to Proceed. CONSULTANT: CITY OF BOYNTON BEACH By: ________________________________ By: _________________________________ Daniel Dugger, City Manager Print Name: ________________________ Date: _______________________, 20___ Date: _______________________, 20___ City Attorney’s Office Approved as to form and legality By: __________________ 113 Exhibit B Fee Schedule PERSONNEL CLASSIFICATIONS HOURLY RATE Principal 300.00$ Chief Professional 290.00$ Senior Project Manager $ 285.00 Project Manager 260.00$ Senior Process Professional 250.00$ Staff Process Professional 225.00$ Principal Professional $ 270.00 Senior Professional 225.00$ Lead Professional 195.00$ Professional 165.00$ Staff Professional 140.00$ Sr. Electrical Engineer 250.00$ Electrical Engineer 200.00$ Process Controls/Inst. Engineer 200.00$ Sr. Mechanical Engineer 250.00$ Mechanical Engineer 200.00$ Engineering Technician Senior Architect 250.00$ Architect 200.00$ Landscape Architect Environmental Specialist Inspector (Zoning and landscape) Inspector (Transportation) Senior Landscape Architect Senior Surveyor/Mapper Surveyor/Field Survey Chief Designer 160.00$ Senior Designer 200.00$ Urban Designer Chief Designer Hydrogeologist Principal Hydrogeologist Planning Technician GIS Specialist 200.00$ Structural Engineer 250.00$ CADD/Technician 140.00$ Architectural CADD/Technician Planner Senior Planner Transportation Planner Transportation Planning Technician Public Relations Specialist Senior Construction Manager 280.00$ Construction Manager 250.00$ Senior Construction Inspector 200.00$ Construction Inspector 180.00$ Rate Analyst Senior Rate Analyst 250.00$ Senior Grant Analyst 250.00$ Grant Analyst 200.00$ Grant Specialist 200.00$ Clerical Administrative 120.00$ Reimbursable Expenses: Direct costs such as postage, prints, and delivery services will be billed at cost. Mark-up % Sub-Consultants Fee: 10% 114 RFQ CW24-001 General Engineering Consulting Services Insurance Advisory ATTACHMENT “A” City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of “B+” or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if a Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate $ 1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos Excess Liability Umbrella Form Each Occurrence Aggregate to be determined to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost Other - As Risk Identified to be determined INSURANCE ADVISORY FORM 115 Affidavit of Compliance with Foreign Entity Laws must be completed and returned with the signed Agreement RFQ CW24-001 General Engineering Consulting Services Affidavit of Compliance with Foreign Entity Laws ATTACHMENT “B” AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS The undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity. Date: , 20 Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by , as for , who is personally known to me or who has produced as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: NotaryCam Doc ID: b9e5c440-d8d1-4bec-8300-0499e269e4d1 October 18 24 Carollo Engineers, Inc.Elizabeth Fujikawa Florida Sarasota 18 October 24 Michelle Ryan 12/11/2026 Completed via Remote Online Notarization using 2 way Audio/Video technology. Elizabeth Fujikawa Carollo Engineers, Inc.n/a personally known Vice President 116 Affidavit of Compliance with Anti-Human Entity Laws must be completed and returned with the signed Agreement RFQ CW24-001 General Engineering Services Affidavit of Compliance with Anti-Human Trafficking Laws AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS In accordance with section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that: Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking.” Date: , 20 Signed: Entity: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by , as for , who is personally known to me or who has produced as identification. Notary Public Signature: State of Florida at Large (Seal) Print Name: My commission expires: NotaryCam Doc ID: b9e5c440-d8d1-4bec-8300-0499e269e4d1 October 18 24 Carollo Engineers, Inc.Elizabeth Fujikawa FloridaSarasota 12/11/2026 Completed via Remote Online Notarization using 2 way Audio/Video technology. Michelle Ryan 18 October 24 Elizabeth Fujikawa Carollo Engineers, Inc.n/a personally known Vice President 117 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Resolution No. R26-032- Approving a Piggyback Agreement between the City and Herc Rentals, Inc. for Rental Equipment, Products, and Related Services in an amount not to exceed $150,000 per year. Requested Action: Staff recommends approval of Proposed Resolution No. R26-032. Explanation of Request: Piggyback Term: July 13, 2024 - June 11, 2028 With (3) one-year renewal options. Pricing is based on Sourcewell, a State of Minnesota local government agency and service cooperative, which issued a Request for Proposal (RFP) No. 040924 for Rental Equipment, Products, and Related Services. The Department of Management Services, an agency of the State of Florida, signed a Participating Agreement for an Alternate Contract Source Contract 72141700-25-SRCWL-ACS This purchase will be procured through the piggyback exemption of the purchasing policy. Piggyback contracts significantly benefit the City of Boynton Beach by providing a cost- effective and efficient way to procure goods and services. By leveraging agreements already in place with other governmental entities, the City can avoid the time-consuming and expensive process of issuing its own competitive bids. This allows quicker access to needed resources while often securing more favorable pricing due to the economies of scale achieved through larger contracts. Additionally, piggybacking ensures the City can tap into pre-vetted vendors who have already been thoroughly evaluated, reducing administrative burdens and risks associated with vendor selection. Ultimately, piggyback contracts streamline procurement, save taxpayer money, and improve the efficiency of City operations. Staff recommends Commission approval authorizing the Mayor to execute a piggyback agreement with Herc Rentals, Inc. How will this affect city programs or services? The City uses Herc rentals for the majority of the Events Department events. This locks the City into pricing for 3 years. 118 Budgeted Item: Yes Account Line Item and Description: 001-1213-519-48-24 - Special Event Expenses Fiscal Impact: Not to exceed $150,000 per fiscal year. Attachments: R26-032 Agenda_Item_4286-2026_Resolution_for_Herc_Rentals_Piggyback_Agmt.docx 119 RESOLUTION NO. R26-032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT BETWEEN 2 THE CITY AND HERC RENTALS, INC., FOR RENTAL EQUIPMENT, 3 PRODUCTS, AND RELATED SERVICES IN AN AMOUNT NOT TO EXCEED 4 $150,000 PER YEAR; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, on February 20, 2024, Sourcewell, a State of Minnesota local government 7 agency and service cooperative, issued an Request for Proposals (“RFP”) No. 040924 for Rental 8 Equipment, Products, and Related Services to result in a contracting solution for use by its 9 Participating Entities for which they received seventeen (17) responses and subsequently awarded 10 contracts to six (6) vendors for Category 1 Rental Equipment, Products and Related Services; and 11 WHEREAS, Sourcewell, found Herc Rentals, Inc., (“Vendor”) to be a responsive, responsible 12 bidder, and awarded it a four-year (4) contract commencing July 13, 2024, through June 11, 2028, 13 with an option to renew for three (3), additional one-year extensions through June 11, 2031, RFP 14 No. 040924 (“Master Agreement”); and 15 WHEREAS, on October 15, 2025, the Department of Management Services, an agency of 16 the State of Florida, signed a Participating Agreement for an Alternate Contract Source, Contract 17 72141700-25-SRCWL-ACS, as amended (the “ACS Agreement”) with the Vendor to make the 18 Sourcewell Master Agreement available to Florida government entities as an Alternate Contract 19 Source; and 20 WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, 21 provides authority for the City to acquire or contract for services without utilizing a sealed 22 competitive method or the written quotations method where the desired services are the subject 23 of an agreement that utilizes another government entity’s contract, provided that the contract 24 was awarded based strictly on competitive bidding; and 25 WHEREAS, in order to provide the City Recreation & Cultural Services, Events department 26 with access to rental equipment, products and related services, the City’s Recreation & Cultural 27 Services, Events department is requesting the City enter into a Piggyback Agreement with the 28 Vendor to provide equipment, products or services to Sourcewell and the entities that access 29 Sourcewell’s cooperative purchasing contracts (Participating Entities); and 30 120 RESOLUTION NO. R26-032 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 31 best interests of the City's citizens and residents to approve a Piggyback Agreement between the 32 City and Herc Rentals, Inc., for Rental Equipment, Products, and Related Services in an amount not 33 to exceed $150,000 per year. 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 36 BEACH, FLORIDA, THAT: 37 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 38 being true and correct and are hereby made a specific part of this Resolution upon adoption. 39 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve a Piggyback Agreement between the City and Herc Rentals, Inc., for Rental Equipment, 41 Products, and Related Services in an amount not to exceed $150,000 per year (the “Agreement”), 42 in form and substance similar to that attached as Exhibit A. 43 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 44 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 45 ancillary documents required under the Agreement or necessary to accomplish the purposes of 46 the Agreement, including any term extensions as provided in the Agreement, provided such 47 documents do not modify the financial terms or material terms. 48 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 49 of the City. A copy of the fully executed Agreement shall be provided to Amanda Onda to forward 50 to the Vendor. 51 SECTION 5. This Resolution shall take effect in accordance with the law. 52 [SIGNATURES ON THE FOLLOWING PAGE] 53 54 121 RESOLUTION NO. R26-032 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 55 CITY OF BOYNTON BEACH, FLORIDA 56 YES NO 57 Mayor – Rebecca Shelton _____ _____ 58 59 Vice Mayor – Woodrow L. Hay _____ _____ 60 61 Commissioner – Angela Cruz _____ _____ 62 63 Commissioner – Thomas Turkin _____ _____ 64 65 Commissioner – Aimee Kelley _____ _____ 66 67 VOTE ______ 68 ATTEST: 69 70 _____________________________ ______________________________ 71 Tammy Stanzione, CMC Rebecca Shelton 72 Deputy City Clerk Mayor 73 74 APPROVED AS TO FORM: 75 (Corporate Seal) 76 77 _______________________________ 78 Shawna G. Lamb 79 City Attorney 80 122 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Resolution No. R26-033- Approve increasing the annual expenditure of the Advanced Metering Infrastructure Agreement between the City and Sensus USA, Inc. for meter replacement, parts, and services to $4,000,000 per year, and approve the second amendment to the agreement, in form and substance approved by the Utilities director and the City Attorney's office. Requested Action: Staff recommends approval of Proposed Resolution No. R26-033. Explanation of Request: In 2017, the City entered into an agreement with Sensus USA, Inc. to implement an Advanced Metering Infrastructure (AMI) system. This initiative aimed to modernize the City’s water meter population through integration with the FlexNet AMI system and to support the ongoing meter replacement program. To ensure long-term continuity and adaptability, the City amended the contract in 2024 to include an automatic renewal clause. This amendment allows for up to three (3) additional renewal terms, each lasting five (5) years. In May 2025, the City Commission approved an annual expenditure of $1.5 million with Sensus USA, Inc. This funding was based on projected needs through September 30, 2025. Following a comprehensive review of operational requirements, the approved Capital Improvement Plan (CIP), and operational budgets, staff identified the need to accelerate the meter replacement schedule. As a result, an increase in the annual expenditure is being requested to support this expedited implementation. Staff is requesting approval to increase annual expenditure for Sensus USA Inc. by up to $4 million, using the approved CIP budget for the Meter Replacement project, the annual approved budget for parts and materials at the warehouse, and the Utilities Operational budget. Staff is currently working with the vendor to develop a revised amendment that comprehensively documents all items being procured under the agreement, including software-as-a-service. Upon finalization, the amendment will require the City Manager's signature for execution. This approval request includes authorization for the City Manager to execute the amendment once staff and the vendor have completed all necessary negotiations and finalized the document. This purchase is being procured as a sole source acquisition, which permits an award for 123 commodities, services, or construction items without competitive bidding when only one available source has been identified. Qualifying circumstances may include, but are not limited to, repairs or additions requiring the original equipment manufacturer, a single supplier within the area, a franchised or licensed distributor or service provider, or a patented or proprietary item. The vendor has submitted the required documentation to satisfy this requirement. How will this affect city programs or services? This amendment and annual spend increase approval will allow the Utility to replace meters at the end of useful life in an expedited manner to ensure revenue is collected appropriately and customer bills are based on verified water consumption. Budgeted Item: Yes Account Line Item and Description: CIP - Project # WT2315 Water Meter Replacement Account # 403-5000-533-65-02. Warehouse Account # 502-0000-141-0100. Utility Operational Account # 401-2814-536.52-30; 401-2814-536-49-17. Fiscal Impact: There is budget available to cover cost. Attachments: R26-033 Agenda_Item_3947- 2025_Resolution_for_Sensus_expenditure_increase_and_Amd__2 (2).docx Signed Agreement - pdf.pdf R17-110.pdf R24-106.pdf Agenda Item R24-106.pdf COI - Sensus - Risked Approved.pdf Boynton Beach FL Sole Source Letter FY26.pdf 124 RESOLUTION NO. R26-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING INCREASING THE ANNUAL 2 EXPENDITURE OF THE ADVANCED METERING INFRASTRUCTURE 3 AGREEMENT BETWEEN THE CITY AND SENSUS USA INC., FOR METER 4 REPLACEMENT, PARTS, AND SERVICES TO $4,000,000 PER YEAR, AND 5 APPROVEING THE SECOND AMENDMENT TO THE AGREEMENT, IN 6 FORM AND SUBSTANCE APPROVED BY THE UTILITIES DIRECTOR AND 7 THE CITY ATTORNEY'S OFFICE; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, on November 7, 2017, the City Commission approved Resolution No. R17-110 10 approving an Amended and Restated Advanced Metering Infrastructure Agreement 11 (“Agreement”) between the City and Sensus USA, Inc., for maintenance of the standardized meter 12 reading equipment, for a five-year term with an automatic 5-year renewal; and 13 WHEREAS, on May 7, 2024, the City Commission approved Resolution No. R24-106 14 approving the First Amendment to the Agreement; and 15 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 16 best interests of the City's citizens and residents to approve increasing the annual expenditure of 17 the Advanced Metering Infrastructure Agreement between the City and Sensus USA Inc., for meter 18 replacement, parts, and services to $4,000,000 per year, and approve the Second Amendment to 19 the agreement, in form and substance approved by the Utilities director and the City Attorney's 20 office. 21 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 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve increasing the annual expenditure of the Advanced Metering Infrastructure Agreement 28 between the City and Sensus USA Inc., for meter replacement, parts, and services to $4,000,000 29 per year, and approves the Second Amendment to the agreement, in form and substance 30 approved by the Utilities director and the City Attorney's office. 31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 32 125 RESOLUTION NO. R26-033 authorizes the City Manager to execute the Second Amendment. The City Manager is further 33 authorized to execute any ancillary documents required under the Agreement or necessary to 34 accomplish the purposes of the Agreement, including any term extensions as provided in the 35 Agreement, provided such documents do not modify the financial terms or material terms. 36 SECTION 4. This Resolution shall take effect in accordance with the law. 37 [SIGNATURES ON THE FOLLOWING PAGE] 38 39 126 RESOLUTION NO. R26-033 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 Mayor – Rebecca Shelton _____ _____ 43 44 Vice Mayor – Woodrow L. Hay _____ _____ 45 46 Commissioner – Angela Cruz _____ _____ 47 48 Commissioner – Thomas Turkin _____ _____ 49 50 Commissioner – Aimee Kelley _____ _____ 51 52 VOTE ______ 53 ATTEST: 54 55 _____________________________ ______________________________ 56 Tammy Stanzione, CMC Rebecca Shelton 57 Deputy City Clerk Mayor 58 59 APPROVED AS TO FORM: 60 (Corporate Seal) 61 62 _______________________________ 63 Shawna G. Lamb 64 City Attorney 65 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 1 RESOLUTION NO. R17-110 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A FIVE YEAR AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH AND SENSUS USA, INC., FOR 6 ADVANCED METERING INFRASTRUCTURE (AMI) TO 7 MAINTAIN THE STANDARDIZED METER READING 8 EQUIPMENT; AUTHORIZING THE CITY MANAGER TO SIGN 9 THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 10 11 I WHEREAS, on May 1, 2012 the City Commission approved a negotiated 12 agreement that provided for transition to AMI and operation through May 2017; and 13 WHEREAS, the Utilities Department is requesting approval to execute a renewal 14 term for an additional five (5) years for Advanced Metering Infrastructure with Sensus 15 USA, Inc.,; and 16 WHEREAS, upon recommendation of staff, the City Commission has determined 17 that it is in the best interest of the residents and citizens of the City of Boynton Beach to 18 approve the five year Agreement with Sensus USA, Inc., to maintain the standardized 19 meter reading equipment. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves the five year Agreement between the City of Boynton Beach and Sensus USA, Inc., 26 to maintain the standardized meter reading equipment, a copy of the Agreement is attached 27 hereto as Exhibit"A". 28 Section 3. The City Manager is authorized to execute the five year Agreement C:\Users\StanzioneTlAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\VAGZE6PO\Sensus_USA_Agreement_for AMI_(2017)__Reso.doc 170 29 with Sensus USA, Inc., on behalf of the City of Boynton Beach. 30 Section 4. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this 7th day of November, 2017. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor—Steven B. Grant 38 39 Vice Mayor—Justin Katz 40 41 Commissioner—Mack McCray 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Joe Casello 46 47 48 VOTE 37-0 49 50 ATTEST: 51 52 67;,6' /53 un 54 Jud' A. Pyle, CMC 55 Ci Clerk 56 57 s 58 59 (Corporate Seal) 60 0 BOYS1-S C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VAGZE6PO\Sensus_USA_Agreement for_AMI_(2017)__Reso.doc 171 mom sEnsus Amended and Restated Advanced Metering Infrastructure (AMI) Agreement between City of Boynton Beach Customer") and Sensus USA Inc. Sensus") WHEREAS, Customer and Sensus previously entered into an Advance Metering Infrastructure (AMI) Base Terms Agreement dated May 21, 2012 (the"Previous Agreement");and WHEREAS,the Previous Agreement ended on May 21, 2017;and WHEREAS, the parties wish to ratify the continuation of the Previous Agreement through the Effective Date of this Agreement;and WHEREAS,the parties wish to amend and restate the Previous Agreement by entering into this Amended and Restated AMI Agreement (the "Agreement"), and the terms and conditions of this Agreement shall control the relationship between the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the day and year written below.The date of the last party to sign is the"Effective Date." This Agreement shall commence on the Effective Date which is the date of the last signature below and continue for five(5) Years ("Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew for an additional term of 5 years("Renewal Term"). The"Term"shall refer to both the Initial Term and the Renewal Term. Sensus USA Inc. '— Customer: 3 of Bo nton Beach By: li,,,. r. By: re- Name: IL tit ` IX(Z(R.i e g--- Name: Lori LaVerriere Title: 1' Gate 5( N x P_CL Title: City Manager Date:cal s/ goo/o Date: November 17, 2017 Pricing remains firm until 4/30/2018("Trigger Date") Contents of this Agreement: AMI Agreement All purchase orders shall be sent to the address provided Exhibit A Software by Sensus. Sensus may change this address upon Exhibit B Technical Support notice to Customer. Exhibit C Pricing Exhibit D Statement of Work Exhibit E Product Warranties Exhibit F Propagation Analysis Exhibit G through I are intentionally omitted Customer order acknowledgements shall be sent to: insert email address or fax number] Sensus shall send all invoices to: [insert mailing address, SS :11 , J email address,fax number,as applicable] leo C 1401a, (v{:j-13 A 110 PIr d tHOl.NAO8 JO Ai 13 APP.•VED = O FO, CITY ATTORNEY 00204479.1 306-9001821} I Page 1 of 21 172 MOM sEnsus AMI Agreement 1. Equipment. A. Purchase of Equipment. i. Equipment. Customer shall purchase from Sensus the quantities and types of Field Devices,RF Field Equipment,and other goods(collectively, Equipment')set forth in Exhibit C at the prices set forth in Exhibit C. it. Delivery. Customer shall pay for delivery of the Equipment from Sensus'or Senses'contracted manufacturers'factory to Customer's warehouse. All Equipment is shipped Ex Works shipping point,prepay freight and add. Title to,and property in,the Equipment shall pass to Customer upon shipment. Risk of loss of the Equipment shall also pass to Customer upon shipment Iii. Project Number. Customer shall include the Sensus project number on all Purchase Orders. Orders submitted to Sensus may not be canceled or amended,or deliveries deferred,by Customer except with Sensus'prior written consent, iv. Warranty. The Equipment purchased directly from Senses is warranted as set forth in this subsection(iv). a) Sensus warrants its water metering equipment and SmartPoint Modules according to the terms and conditions(including all limitations and exclusions)in the Sensus G-500 warranty,attached hereto as Exhibit E. To the extent the terms of the G-500 Warranty conflict with the terms in this Agreement,the terms of this Agreement shall control. b) Senses warrants all other goods, software, and services, except for the water metering equipment, according to the terms and conditions including all limitations and exclusions)in the Sensus Limited Warranty,attached hereto as Exhibit E. To the extent the terms of the General Limited Warranty conflict with the terms in this Agreement,the terms of this Agreement shall control. c) Extended Warranty of RF Field Equipment Notwithstanding the foregoing, for each year that Customer pays for an extended basestation warranty, Sensus shall extend the warranty period of RF Field Equipment by twelve (12)months (the 'Extended Warranty'). Following the expiration of the standard warranty period described in the General Limited Warranty,Customer shall pay for the Extended Warranty each year on an annual basis. If Customer ceases to purchase the Extended Warranty upon expiration of the previous warranty term,Customer shall not be entitled to purchase the Extended Warranty again. All of the limitations and exclusions of the General Limited Warranty shall apply during any extended warranty term. For clarity,batteries,labor,and other parts or services not provided by the General Limited Warranty are not covered by the Extended Warranty and such expenses shall be Customer's cost and responsibility, B. Limitations and Exclusions.THE WARRANTIES IN THIS SECTION 1,THE G-500 WARRANTY,AND THE GENERAL LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES,AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS,WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED,STATUTORY OR OTHERWISE,REGARDING ANY MATTER IN CONNECTION WITH THIS AGREEMENT,INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE,MERCHANTABILITY,NON-INFRINGEMENT AND TITLE. C. Ongoing Maintenance of Equipment. i. Field Devices. Customer shall be responsible for the ongoing maintenance of the Field Devices,Customer shall provide the field services labor to visit a problem Field Device and perform diagnostics and repair or replacement. For electricity products,Customer shall first test and confirm that each socket to which a Field Device will be/is connected is in safe operating condition,is fully functional,is not corroded,does not contain improperly installed jaws or other deficiencies,complies with ANSI standards,and is not"hot",damaged,or otherwise in need of maintenance or repair. ii. RF Field Equipment. Except as otherwise provided herein,Customer shall be responsible for the ongoing maintenance of the RF Field Equipment Customer shall be responsible for the ongoing monthly operations and expenses related to the RF Field Equipment, including any leasing costs, construction costs,taxes and costs of WAN Backhaul.Customer shall pay for electric power to the RF Field Equipment 2. Services. A. Installation of Equipment. i. Generally.The pates shall have their respective obligations for the deployment and operation of the AMI System as set forth in the Statement of Work attached as Exhibit D. The Statement of Work does not apply if Customer is purchasing Equipment from Sensus'authorized distributor. ii. Field Devices. Customer shall install the Field Devices at its End Users'premises,or other location as applicable,For electricity products,Customer shall first test and confirm that each socket to which a Network Device will be connected is in safe operating condition,is fully functional and Is not'hot', damaged or otherwise in need of maintenance or repair. RF Field Equipment.Sensus shall perfomi the propagation analysis in the Service Territory to determine where to locate the RF Field Equipment For the prices set forth in Exhibit C,Sensus,or its subcontractor,shall perform Sensus'obligations in Exhibit D with regards to the RF Field Equipment installation. Customer shall perform Customer's obligations in Exhibit D with regards to the RF Field Equipment installation.The propagation analysis is attached hereto as Exhibit F. B. Software Implementation. Sensus shall install and configure the Software and shall install the Software on the Server Hardware. C. IT Systems Integration Services. Integration of the Software into Customer's new or existing internal IT systems is not included in this Agreement,Any integration work shall be subject to a separate agreement which describes the scope and pricing for such work D. Technical Support. Sensus shall provide Customer the technical support set forth in Exhibit B. E. Project Management.Project management of the AMI System is not included in this Agreement.Any project management shall be subject to a separate agreement which describes the scope and pricing for such work F. Training, Training on the use of the AMI System is not included in this Agreement,Any training shall be subject to a separate agreement which describes the scope and pricing for such work 3. Software. A. Software as a Service(SaaS).Sensus shall provide Customer with Software as a Service,as defined in Exhibit A,only so long as Customer is current in its payments for such services. B. UCFTA.To the maximum extent permitted by law,the Parties agree that the Uniform Computer Information Transaction Act as enacted by any state shall not apply,in whole or In part,to this Agreement 4. Spectrum A. Spectrum Lease. The parties previously entered into a spectrum manager lease on May 21,2012(the"Spectrum Lease"),which is hereby specifically incorporated by reference. To the extent the Spectrum Lease may be interpreted to have expired in May 2017,the parties hereby ratify the extension of the Spectrum Lease to continue unchanged and unaffected from May 21,2012 through the end of the Term of this Agreement,subject to the terms and conditions of the Spectrum Lease. 100204479,1;97,6-9001821) Page 2 of 21 173 MINIM sEnsus 5. General Terms and Conditions. A. Payment. All payment and pricing is subject to the terms in Exhibit C. B, Limitation of Liability. I. Sensus'aggregate liability in any and all causes of action arising under,out of or in relation to this Agreement,its negotiation,performance,breach or termination (collectively"Causes of Action')shall not exceed the greater of, (a)the total amount paid by Customer directly to Sensus under this Agreement or(b)ten Thousand US dollars(USD 10,000.00), This is so whether the Causes of Action are in tort,including,without limitation,negligence or strict liability,in contract,under statute or otherwise. As separate and independent limitations on liability,Sensus'liability shall be limited to direct damages. Sensus shall not be liable for,(i)any indirect,incidental,special or consequential damages;nor(ii)any revenue or profits lost by Customer or its Affiliates from any End User(s),irrespective whether such lost revenue or profits is categorized as direct damages or otherwise;nor(iii)any In/Out Costs;nor(iv)manual meter read costs and expenses;nor(v)claims made by a third party;nor(vi)damages arising from maincase or bottom plate breakage caused by freezing temperatures,water hammer conditions,or excessive water pressure.The limitations on liability set forth in this Agreement are fundamental inducements to Sensus entering into this Agreement, They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law. To the maximum extent permitted by law,no Cause of Action may be instituted by Customer against Sensus more than TWELVE(12)MONTHS after the Cause of Action first arose. In the calculation of any damages in any Cause of Action,no damages incurred more than TWELVE(12)MONTHS prior to the filing of the Cause of Action shall be recoverable. C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and sue)material breach is not cured within forty-five(45)days of written notice by the other party.Upon any expiration or termination of this Agreement,Sensus'and Customers obligations hereunder shall cease and the software as a service and Spectrum Lease shall immediately cease. D. Force Majeure. If either party becomes unable,either wholly or in part, by an event of Force Majeure,to fulfill its obligations under this Agreement,the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure. E. Intellectual Property. No Intellectual Property is assigned to Customer hereunder. Sensus shall own or continue to own all Intellectual Property used, created,and/or derived in the course of performing this Agreement To the extent,if any,that any ownership interest in and to such Intellectual Property does not automatically vest in Sensus by virtue of this Agreement or otherwise,and instead vests in Customer,Customer agrees to grant and assign and hereby does grant end assign to Sensus all right,title,and interest that Customer may have in and to such Intellectual Property.Customer agrees not to reverse engineer any Equipment purchased or provided hereunder. F. Confidentiality. Both parties shall(and shall cause their employees and contractors 1o) keep all Confidential Information strictly confidential and shall not disclose it to any third party,except to the extent reasonably required to perform and enforce this Agreement or as required under applicable law,court order or regulation. The Confidential Information may be transmitted orally,in writing,electronically or otherwise observed by either party. Notwithstanding the foregoing,°Confidential Information"shall not include;(i)any information that is in the public domain other than due to Recipient's breach of this Agreement(ii) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser,or(iii)any Information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser."Discloser"means either party that discloses Confidential Information, and°Recipient'means either party that receives it Notwithstanding the foregoing,Customer shall be allowed to release any information that is a Public Record under Florida Law. G. Compliance with Laws. Customer shall comply with all applicable country, federal, state, and local laws and regulations, as set forth at the time of acceptance and as may be amended,changed,or supplemented. Customer shall not take any action,or permit the taking of any action by a third party,which may render Sensus liable for a violation of applicable laws. i. Export Control Laws. Customer shall;(i)comply with at applicable U.S.and beat laws and regulations governing the use,export,import,re-export, and transfer of products,technology,and services;and(ii)obtain all required authorizations,permits,and licenses.Customer shall immediately notify Sensus,and immediately cease all activities with regards to the applicable transaction,If the Customer knows or has a reasonable suspicion that the equipment,software,or services provided hereunder may be directed to countries in violation of any export control laws. By ordering equipment, software or services,Customer certifies that it is not on any U.S.government export exclusion list. li. Anti-Corruption LawsCustomer shall comply with the United States Foreign Corrupt Practices Act(FCPA),15 U.S.C.§§78dd-1,et seq.;laws and regulations implementing the OECD's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions;the U.N. Convention Against Corruption;the Inter-American Convention Against Corruption; and any other applicable laws and regulations relating to anti- conuption in the Customer's county or any country where performance of this Agreement,or delivery or use of equipment,software or services will occur. H. Non•Walver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not in any way affect,limit or waive that party's right to enforce and compel strict compliance with the same or other articles or provisions. I. Assignment and Sub-contracting. Either party may assign,transfer or delegate this Agreement without requiring the other party's consent(i)to an Affiliate; i)as part of a merger;or(iii)to a purchaser of ail or substantially ail of its assets. Apart from the foregoing,neither party may assign,transfer or delegate this Agreement without the prior written consent of the other,which consent shall not be unreasonably withheld. Furthermore,Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation,the systems integration work(if applicable),or project management(if applicable),without requiring Customer's consent J. Amendments. No alteration,amendment,or other modification shall be binding unless in writing and signed by both Customer and by a vice president(or Ngher)of Sensus. K. Governing Law and Dispute Resolution. This Agreement shall be governed by,construed and enforced in accordance with the laws of the State of Florida. Any and all disputes arising under,out of,or in relation to this Agreement,its negotiation,performance or termination("Disputes')shall first be resolved by the Parties attempting mediation in Florida.If the Dispute is not resolved within sixty(60)days of the commencement of the mediation,it shall be litigated in the state or federal courts located in Florida. TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES. L. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shaft survive such termination or expiration. M. Severability. In the event any provision of this Agreement is held to be void,unlawful or otherwise unenforceable,that provision will be severed from the remainder of the Agreement and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible;and the Agreement,as so modified,will continue to be in full force and effect. N. Four Corners. This written Agreement including all of its exhibits,and the Spectrum Lease represents the entire understanding between and obligations of the parties and supersedes all prior understandings,agreements,negotiations,and proposals,whether written or oral,formal or informal between the parties, 00204479.1 306.9001821) Page 3 of 21 174 sEnsus Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terms or conditions,oral,written,electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement Further,there are no representations that induced this Agreement that are not included in it The ONLY operative provisions are set forth in writing in this Agreement Without limiting the generality of the foregoing,no purchase order placed by or on behalf of Customer shall alter any of the terms of this Agreement The parties agree that such documents are for administrative purposes only,even if they have terms and conditions printed on them and even if and when they are accepted and/or processed by Sensus. Any goods,software or services delivered or provided in anticipation of this Agreement(for e.g.,as part of a pilot or because this Agreement has not yet been signed but the parties have begun the deployment)under purchase orders placed prior to the execution of this Agreement are governed by this Agreement upon Its execution and it replaces and supersedes any such purchase orders. 0. Counterparts.This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument Additionally,this Agreement may be executed by facsimile or electronic copies,all of which shall be considered an original for all purposes. 6. Definitions, As used in this Agreement,the following terms shall have the following meanings: A. °Affiliate"of a party means any other entity controlling,controlled by,or under common control with such party,where'control'of an entity means the ownership, directly or indirectly,of 50%or mom of either;(i)the shares or other equity in such entity;or(ii)the voting rights in such entity. B. "AM1 System"Identifies the Sensus FlexNet Advanced Meter Infrastructure System comprised of the SmarlPoint Modules,RF Field Equipment,Server Hardware, software licenses,FCC teenses,and other equipment provided to Customer hereunder. The AMI System only includes the foregoing,as provided by Sensus. The AMI System does not include goods,equipment,software,licenses or rights provided by a third party or parties to this Agreement. C. 'Available Meter"means an installed Sensus FlexNet meter(with a SmartPoint Module installed)or a Sensus SmartPoint Module which has been installed on a third party meter,and which,in either case,is not an Unavailable Meter(or on an Unavailable Meter in the case of SmartPoint Modules on third party meters) and which satisfies elf of the following criteria:O it functions properly,and is not a damaged or failed meter;(ii)Intentionally Omitted(ii)it is serviced by RF Field Equipment that has not been subjected to a power failure greater than eight(8)total hours;(iv)neither it nor the RF Field Equipment that serves that meter has been affected by a Force Majeure event;(v)jamming of the radio spectrum is not preventing or interfering with radio communication to or from the meter;(v)it is installed in the Service Territory; vi)It has not been reported to Customer under Sensus'or Customer's preventative maintenance;(viii)its functioning or performance has not been adversely affected by a falure of Customer to perform its obligations or tasks for which it is responsible under this Agreement,(ix)its functioning or performance has not been adversely affected by a failure or Insufficiency of the back haul telecommunications network of Customer for communications among the components of the Senses AMI System; and(x) it has been installed in compliance with the procedures and specifications approved by Customer and Sensus. D. "Billing Window for a meter means the four day period commencing one day prior to the relevant billing day for such meter and ending two days after such billing day. The Billing Window for testing purposes shall be agreed by Customer and Sensus. E. °Confidential Information' means any and all non-public information of either party, all technical information about either party's products or services, pricing information,marketing and marketing plans,Customer's End Users'data,AMI System performance,AMI System architecture and design,AMI System software,other business and financial Information of either party,and all trade secrets of either party. F. "Echo Transceiver'identifies the Sensus standalone,mounted relay device that takes the radio frequency readings from the SmartPolnt Modules and relays them by radio frequency to the relevant FlexNet Base Station. G. "End User'means any end user of electricity,water,and/or gas(as applicable)that pays Customer for the consumption of electricity,water,and/or gas,as applicable. H. 'Escalator-1V means the following: i. For Software as a Service Senses Analytics Applications:three percent(3%). ii. For Software as a Service Logic Applications:two and a half percent(2.5%) iii. For Water Meters: a) For bronze and low lead water metering products:the percentage change,for the relevant period,of the average of;(a)the United States Bureau of Labor Statistics Producer Price Index,Commodities,Group:Metals and metal products,Item:Copper and copper-base alloy castings(excl.die-castings), series ID:WPU102807013,not seasonally adjusted;and(b)the United States Bureau of Labor Statistics Producer Price Index,Industry Data,Industry and Product:Plastics material and resins mfg.,series ID:PCU 325211325211,not seasonally ad)usted,# b) For plastic main case meters:the percentage change,for the relevant period,of the United States Bureau of Labor Statistics Producer Price Index, Industry Data,Industry and Product Plastics material and resins mfg.,series ID:PCU 325211325211,not seasonally adjusted. c) For Omni meters:the percentage change,for the relevant period,of the United States Bureau of Labor Statistics Producer Price Index,Commodities, Group:Metals and metal products,item:other gray and ductile iron castings,other,series ID:WPU101504,not seasonally adjusted. iv. For all other goods and services:the percentage change,for the relevant period,of the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers(CPI-U)'All Items Less Food and Energy'for the U.S.City Average for All Items,1982-84=100,not seasonally adjusted,or substantially similar succeeding index. v. Any Escalator increases called forth in this Agreement shall be calculated to the third decimal point(e.g.2.576%) I. 'Field Devices'means the meters and SmartPoint Modules. J. 'FlexNet Base Station'identifies the Sensus manufactured device consisting of one transceiver,to be located on a tower that receives readings from the SmartPoint Modules(either directly or via an Echo Transceiver)by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication.For clarity,FlexNet Base Stations include Metro Base Stations. K. 'Force Majeure'means an event beyond a party's reasonable control,including,without Imitation,acts of God,hurricane,flood,volcano,tsunami,tornado,storm, tempest mudslide,vandalism,illegal or unauthorized radio frequency Interference,strikes,lockouts,or other industrial disturbances,unavailability of component parts of any goods provided hereunder,acts of public enemies,wars,blockades,Insurrections,riots,epidemics,earthquakes,fires,restraints or prohibitions by any court,board, department,commission or agency of the United States or any States,any arrests and restraints,civil disturbances and explosion. L. "Hosted Software"means those items listed as an Application in Exhibit A. M. 'In/Out Costs'means any costs and expenses incurred by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses incurred by Customer in installing,uninstalling and removing goods. N. `Intellectual Property means patents and patent applications,inventions(whether patentable or not),trademarks,service marks,trade dress,copyrights,trade secrets, know-how,data rights,specifications,drawings,designs,maskwork rights,moral rights,author's rights,and other intellectual property rights,including any derivations and/or derivative works,as may exist now or hereafter come Into existence,and all renewals and extensions thereof,regardless of whether any of such rights arise under the laws of the United States or of any other state,country orjurisdiction,any registrations or applications thereof,and all goodwill pertinent thereto. 0. 'Licensed Software°means the Senses proprietary software that Sensus expressly licenses to Customer as specifically set forth in this Agreement. P. "LCV identifies the load control modules. Q. "Ongoing Fee"means the annual or monthly fees,as applicable,to be paid by Customer during the Term of this Agreement R. 'Patches'means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the Software. For clarity,Patches are not Updates or Upgrades. S. "Permitted Use"means only for reading and analyzing data from Customer's Field Devices in the Service Territory. The Permitted Use does not include reading third party meters or reading meters outside the Service Territory. T. "Release°means both Updates and Upgrades. U. "Remote Transceiver'identifies the Sensus standalone,mounted relay device that takes the radio frequency readings from the SmartPoint Modules and relays them directly to the RNI by TCP/IP backhaul communication. V. "RF Field Equipment'means,collectively,FlexNet Base Stations,Echo Transceivers and Remote Transceivers. 00204479.1 306-90018211 I Page 4 of 21 175 NM= 1111 mom sEnsus moms W. 'RNP identifies the regional network interfaces consisting of hardware and software used to gather,store,and report data collected by the FlexNet Base Stations from the SmartPoint Modules. The RNI hardware specifications will be provided by Sensus upon written request from Customer. X. "RN1 Software°identifies the Sensus proprietary software used in the RNI and any Patches,Updates,and Upgrades that are provided to Customer pursuant to the terms of this Agreement. Y. 'Service Territory identifies the geographic area where Customer provides electricity,water,and/or gas(as applicable)services to End Users as of the Effective Date. This area will be described on the propagation study in the parties'Spectrum Lease filing with the FCC . Z. 'Server Hardware"means the RNI hardware. M. 'SnwrtPolnre Modules'identifies the Sensus transmission devices instated on devices such as meters,distribution automation equipment and demand/response devices located at Customer's End Users'premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station,Remote Transceiver or Echo Transceiver. BB. 'Software'means all the Sensus proprietary software provided pursuant to this Agreement,and any Patches,Updates,and Upgrades that are provided to Customer pursuant to the terms of this Agreement.The Software does not include any third party software. CC. °TouchCoupler Unir identifies an inductive coupler connection from a water register to the SmartPoint Module. DD. "Unavailable Meters'include meters with sockets with power cut at the pole,meters that are booted on the line side,sockets that are not provided power due to a power delivery system failure,meters with tamper,theft or other human Induced failures that render the meter or SmartPoint Module incapable of providing a read,a Force Majeure event induced failures of the power delivery system,socket or meter,andlor any system or meter maintenance issue that precludes the meter from transmitting its message to the network. Examples of Unavailable Meters include: (i)Intentionally Omitted; (ii)Intentionally Omitted; (iii)Intentionally Omitted; iv)Intentionally Omitted;(v)Broken ToudnCoupler unit:the TouchCoupler unit is damaged by intentional or unintentional acts;(vi)Broken Clip: the dip that holds the TouchCoupler unit into the radio package housing is broken and the unit cannot complete the inductive electrical connection; (vii) Improper Installation of the TouchCoupler unit the ToudiCoupler unit is not pushed all the way into the housing clip causing the unit to not be able to complete the inductive electrical connection; viii)Unit not installed through the pit lid:the unit is not installed with the antenna positioned through the pit lid and properly secured with the retaining nut.The radio unit must also be securely attached to the antenna section;(ix)Radio unit not securely attached to the Antenna unit:The water-proof SmartPoint Module housing is not property installed and secured to the antenna unit;(x)Damaged antenna:the units antenna is damaged by Intentional or unintentional acts;(xi)Damaged radio package: the units water-proof radio package is damaged by intentional or unintentional acts;(xli)Data Base errors:the unit Is removed from the system but not updated in the database.Still shown as in the system when in fact has been removed;(xiii)Phantom Units:the unit is removed from the system but is still Transmitting and being heard by the system;and(xiv)Other Installation Defect:the unit is otherwise installed irnproperfy so that it does not communicate with the FlexNet Base Station. EE. "Updates°means releases of the Software that constitute a minor improvement in functionality. FF. 'Upgrades'means releases of the Software which constitute a significant improvement in functionality or architecture of the Software. GG. 'WAN BackhauP means the communication link between FlexNet Base Stations and Remote Transceivers and RNI. 00204479.1 306-9001821} Page Sot21 176 1111=51111 MOM Immo sEnsus Exhibit A Software Software as a Service I. Description of Services This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both;(i)pricing for the application of Software as a Service has been provided to the Customer,and(ii)the Customer is current in its payments for such application of Software as a Service. A. Software as a Service Generally. Software as a Service is a managed service in which Sensus will be responsible for the day-to-day monitoring,maintenance,management,and supporting of Customer's software applications. in a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, network equipment,Senses software,and all third-party software)required to run and operate the application.These software applications consist of the following(each an"Application"): Regional Network Interface(RNI)Software Senses Analytics o Enhanced Package The managed application systems consist of the hardware,Sensus Software,and other third-party software that is required to operate the software applications. Each Application will have a production, and Disaster Recovery(as described below)environment Test environments are not provided unless otherwise specifically agreed by Sensus in writing.Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications. B. Usage License. Subject to all the terms and conditions of this Agreement,Sensus hereby gives Customer a license under Senses'Intellectual property rights to use the Senses Applications for the Permitted Use for so long as Customer is current in Its payments for the Applications("Usage License"). This Usage License shall commence on the Effective Date and shall terminate upon The earlier of;(i)the expiration or termination of this Agreement for any reason;(ii)if Customer uses the Applications provided hereunder other than for the Permitted Use;and(iii)the Application is terminated as set forth below. C. Termination of Software as a Service. Customer shall have the option at any time after full deployment but before the end of the Term to terminate any Application by giving Sensus one hundred twenty(120)days prior written notice, Such notice,once delivered to Senses,is irrevocable. Should Customer elect to terminate any Application,Customer acknowledges that;(a)Customer shall pay all applicable fees,including any unpaid Software as a Service fees;and(b) Software as a Service for such Application shall immediately cease.If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally,then upon delivery of the notice to Sensus,Customer shall purchase the necessary(a)RN!hardware and(b) RNI software license,each at Sensus'then-current pricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license. D. "Software as a Service"means only the following services: Sensus will provide the use of required hardware,located at Sensus'or a third-party's data center facility(as determined by Sensus),that is necessary to operate the Application. ii. Sensus will provide production and disaster recovery environments for Application. Sensus will provide patches,updates,and upgrades to latest Sensus Hosted Software release, iv. Senses will configure and manage the equipment(server hardware,routers,switches,firewalls,etc.)in the data centers: a. Network addresses and virtual private networks(VPN) b. Standard time source(NTP or GPS) c. Security access points d. Respond to relevant alarms and notifications v. Capacity and performance management Sensus will: a. Monitor capacity and performance of the Application server and software applications 24x7 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity and/or performance(i.e, database, backspool, logs, message broker storage,etc.) b. ft an issue is identified to have a potential impact to the system,Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B,Technical Support c. Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. d. Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures. e. Exceptions may occur to the system that require Senses to take immediate action to maintain the system capacity and performance levels, and Senses has authority to make changes without Customer approval as needed, in accordance to standard confguration and change management policies and procedures. vi. Database management. Sensus will: a. Define data retention plan and policy. b. Monitor space and capacity requirements. c. Respond to database alarms and notifications. d. Install database software upgrades and patches. e. Perform routine database maintenance and cleanup of database to improve capacity and performance,such as rebuilding indexes,updating indexes,consistency checks,run SQL query/agent jobs,etc. vii, Incident and Problem Management. Sensus will: a. Proactively monitor managed systems(24x7x365)for key events and thresholds to proactively detect and identify incidents. b. Respond to incidents and problems that may occur to the Application(s). c. Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. d. Correlate incidents and problems where applicable. e. Sensus personnel will use the Salesforce Se Service Portal to document and track incidents, f. In the event that a Sensus personnel is unable to resolve an issue,the issue will be escalated to the appropriate Subject Matter Expert 00204479.1 306.90018211 Page 6 of 21 177 sEnsus SME). g. Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel and/or any required third-party vendor to resolve the issue. h. Provide telephone support consistent with Exhibit B,Technical Support in the case of undetected events. viii. Security Management. Sensus will: a. Monitor the physical and cyber security of the server and Application(s)24x7 to ensure system is highly secure in accordance with NEST Security Standards. b. Perform active intrusion prevention and detection of the data center network and firewalls,and monitor logs and alerts. c. Conduct period penetration testing of the network and data center facilities, d. Conduct monthly vulnerability scanning by both internal staff and external vendors. e. Perform Anti-Virus and Malware patch management on all systems. f. Install updates to virus protection software and related files(including Virus signature files and similar files)on all servers from the update being generally available from the anti-virus software provider. g. Respond to any potential threat found on the system and work to eliminate Virus or Malware found. h. Sensus adheres to and submits certification to NERC/CIP Cyber Security standards. i. Sensus actively participates/monitors industry regulation/standards regarding security—NERC, FERC, NIST, OpenSG, etc. through the dedicated Sensus Security team. j. Provide secure web portal access(SSL)to the Application(s). ix. Backup and Disaster Recovery Management. Sensus will: a. Perform daily backups of data providing one(1)year of history for auditing and restoration purposes. b. Bads-up and store data(on tapes or other storage media as appropriate)off-site to provide protection against disasters and to meet tile recovery needs, c. Conduct incremental and full back-ups to capture data,and changes to data,on the Application(s). d. Sensus will replicate the Application(s)environments to a geographically separated data center location to provide a full disaster recovery environment for the Application production system. e. Provide disaster recovery environment and perform fail-over to DR environment within forty-eight(48)hours of declared event. f. Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution. g. Maintain a disaster recovery plan. In the event of a disaster,Sensus shall provide the services in accordance with the disaster recovery plan. h. In the case of a disaster and loss of access to or use of the Application,Sensus would use commercially reasonable efforts per the Recovery Time Objectives and Recovery Point Objectives specified herein to restore operations at the same location or at a backup location within forty-eight(48)hours. i. The Application shall have a Recovery Time Objective(RTO)of forty-eight(48)hours. j. The Recovery Point Objective(RPO)shall be a full recovery of the Application(s),with an RPO of one(1)hours,using no more than a twenty- four(24)hour old backup. All meter-related data shall be pushed from each Base Station/TGB restoring the database to real-time minus external interfaced systems from the day prior, k. Data from external interfaced systems shall be recreated within a forty-eight(48)hour period with the assistance of Customer personnel and staff,as needed. E. Customer Responsibilities: i. Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures. ii. Participate in all required configuration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email,web portal ticket entry,or phone call. iv. Responsible for periodic processing of accounts or readings(i.e.billing files)for Customer's billing system for billing or other analysis purposes. v. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted. vi. First response labor to troubleshoot FlexNet Base Station,Echo Transceivers,Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration,management,and support. viii.Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts. x. Customize application configurations. xi. Support application users. xii. Investigate application operational issues(e.g.meter reads,reports,alarms,etc.). xiii. Respond to alarms and notifications. xiv. Perform firmware upgrades over-the-air,or delegate and monitor field personnel for on-site upgrades. F. "Software as a Service"does rjsil include any of the following services: i. Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event Any integration between applications,such as Harris MeterSense,would require a Professional Services contract agreement to be scoped,submitted, and agreed in a signed writing between Sensus and all the applicable parties. If an item is not listed in subparagraphs In Item(D)above,such Item is excluded from the Software as a Service and is subject to additional pricing. IL Further Agreements A. System Uptime Rate i. Sensus(or its contractor)shall manage and maintain the Application(s)on computers owned or controlled by Sensus(or its contractors)and shall provide Customer access to the managed Application(s)via intemet or point to point connection(i.e.,Managed-Access use),according to the terms below.Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine(99.0)per Month(as defined below). The System Uptime Rate,cumulative across all Applications,shall be calculated as follows: System Uptime Rate= 100 x (TM —Total Non-Scheduled Downtime minutes In the Month) TMO 00204479.1 306-9001821) Page 7 of 21 178 sEnsus Calculations a. "Targeted Minutes of Operation"or"TMO"means total minutes cumulative across all Applications in the applicable month("Month") minus the Scheduled Downtime in the Month. b. "Scheduled Downtime"means the number of minutes during the Month,as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice(via email or otherwise)at least seven(7)days in advance of commencement of the Scheduled Downtime. c. "Non-Scheduled Downtime"means the number of minutes during the Month,as measured by Sensus,in which access to any Application Is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions,as defined below(e,g.,due to a need for unplanned maintenance or repair). I. Exceptions."Exceptions"mean the following events: a. Force Majeure; b. Emergency Work,as defined below;and c. Lack of Internet Availability,as described below. I, Emergency Work. In the event that Force Majeure,emergencies,dangerous conditions or other exceptional circumstances arise or continue during TMO,Sensus shall be entitled to take any actions that Sensus,in good faith,determines is necessary or advisable to prevent,remedy,mitigate,or otherwise address actual or potential harm,interruption,loss,threat,security or like concern to any of the Application(s)("Emergency Work"). Such Emergency Work may include, but is not limited to:analysis,testing, repair,maintenance, re-setting and other servicing of the hardware,cabling, networks,software and other devices, materials and systems through which access to and/or use of the Application(s)by the Customer is made available(the"Managed Systems").Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible. ii. Lack of Internet Availability.Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public Internet or point-to-point network connection operated by a third party.Customer expressly acknowledges and agrees that Sensus does not and cannot control the flow of data to or from Sensus'networks and other portions of the Internet,and that such flow depends in part on the performance of Internet services provided or controlled by third parties,and that at times,actions or Inactions of such third parties can impair or disrupt data transmitted through,and/or Customer's connections to,the Internet or point-to-point data connection(or portions thereof). Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events,Sensus cannot guarantee that such events will not occur.Accordingly,Sensus disclaims any and all liability resulting from or relating to such events. B. Data Center SiteSecurity, Although Sensus may modify such security arrangements without consent or notice to Customer,Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Managed Systems: i. The computer room(s)in which the hardware is installed is accessible only to authorized individuals. li. Power infrastructure includes one or more uninterruptible power supply(UPS)devices and diesel generators or other alternative power for back-up electrical power. iii. Air-conditioning facilities(for humidity and temperature controls)are provided in or for such computer room(s)and can be monitored and adjusted for humidity and temperature settings and control.Such air systems are supported by redundant,back-up and/or switch-over environmental units. Iv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies(if any)in real time. v. Dry pipe pre-action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths,giving access redundancy. C. Responsibilities of Customer i. Customer shall promptly pay all Software as a Service fees. ii. Customer may not(I)carelessly, knowingly, intentionally or maliciously threaten,disrupt,harm,abuse or interfere with the Application(s), Managed Systems or any of their functionality,performance,security or integrity,nor attempt to do so;(ii)Impersonate any person or entity,including,but not limited to,Sensus,a Sensus employee or another user;or(iii)forge,falsify,disguise or otherwise manipulate any identification Information associated with Customer's access to or use of the Application(s). If. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Customer's Systems") is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the Application(s)managed by Sensus;and(Ii)Customer's network router and firewall,if applicable,to allow data to flow between the Customer's Systems and Sensus'Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus,Customer shall create usemame and passwords for each of Customer's authorized users and complete the applicable Sensus registration process("Authorized Users").Such usemames and passwords will allow Authorized Users to access the Application(s).Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account,and Sensus will not be liable for any loss,damage or liability arising from Customer's account or any user ID and password pairs associated with Customer.Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID end password pairs.Customer agrees(I)not to allow anyone other than the Authorized Users to have any access to,or use of Customers account or any user ID and password pairs at any time;(ii)to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs,or any other breach or suspected breach of security,restricted use or confidentiality; and(iii)to take the Sensus-recommended steps to log out from and otherwise exit the Application(s)and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely,without inquiry,on the validity of the user accessing the Application(s)application through Customer's account account ID,usemames or passwords. v. Customer shall be responsible for the day-to-day operations of the Application(s)and AMI System. This includes,without limitation,(i)researching problems with meter reads and system performance, (II) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users,(v)Investigating application operational issues,(vi)responding to alarms and notifications,and(vii)performing over-the-air commands(such as firmware updates or configuration changes). Ill. Sensus Analytics A. Essential Package. The Essential Package of the Sensus Analytics Application shall consist of the following modules: i. Device Access a. Allows search for meter details by using data imported from the Billing system or the Sensus Device ID or AMI ID. b. Allows a view of the meter interval or register reads. c. Meter data is available to be copied,printed,or saved to certain user programs or file formats,specifically CSV,PDF,and Spreadsheet d. Allows the current and historical data to be viewed. e. Allows the current usage to be compared to historical distribution averages. f. Allows the user to see the meter location on a map view. 00204479,1 306-9001821) Page 8 of 21 179 MEMMEMOMOM sEnsus g. Allows notifications for an event on a single meter to be forwarded to a Customer employee. h. Allows details to be viewed about a meter—(dependent on the data integrated from other systems). ii, Meter Insight(provides the following) a. #of active meters. b. #of orphaned meters with drill down to the list of meters. c. #of inactive meters with drill down to the list of meters. d. #of stale meters with drill down to the list of meters. e. #of almost stale meters with drill down to the list of meters. f. #of meters where no read is available with drill down to the list of meters. g. #of meters with high threshold exceptions with drill down to the list of meters. h. #of unknown radios with drill down to the list of meters. III. Report Access a. Allows the user to see meter alarms and choose a report from a list of standard reports. b. Master Route Register Reads: Shows the latest reads for all meters within specified time window. c. Meter Route Intervals Reads: Allows users to inspect intervals of a single meter over a period of time. d. Master Route No Readings: List all meters that are active in the system,but have not been sending reads within the specified time window. e. Consumption Report List meters'consumption based on meter readings within the specified time window. f. Zero Consumption for Period: List meters whose readings do not change over a period of time. g. Negative Consumption: Shows the number of occurrences and readings of negative consumption for the last 24hr,48hr and 72hr from the entered roll up date. h. High Low Exception Report Displays meters whose reads exceed minimum or/and maximum threshold,within a time range. 1. Consumption vs Previous Reported Read: Compares latest reading(from RNI)with last known read received from CIS. j. Consumption Exception 24 hour Report This report shows meters that satisfy these two conditions:(1)The daily average consumptions exceed entered"daily consumption threshold;"(2)The number of days when daily thresholds are exceeded are greater than the entered" exception per day threshold." k. Endpoint Details: Shows the current slate of meters that are created within the specified time range. I. Orphaned Meters: List meters that are marked as'orphaned',which are created as of entered"Created as of"parameter. m. Billing Request Mismatch: Displays meters in a billing request that have different AMR id with the ones sent by RN1.It also shows AMR hi in billing request that have different meter Id in the RNI. n. Users need to enter which billing request file prior to running the report. o. Alarms Report, List all alarms occurred during a time window.Users can select which alarm to show. N. Billing Access a. Initate the creation of billing export files formatted to the import needs of the billing system. b. Receive billing request files from the billing system to identify what meters to Include In the billing export file in the case where billing request file option is used. c. Provides a repository of past billing files that were either used for billing preparation or actually send to the billing system. d. Will store created billing files for a period of three years unless otherwise denoted. e. The system will allow creation of test files before export to the billing system. v. Billing Adaptor a. The underlying configurator and tools mapping the extraction of billing data to enable integration to the utility's billing system. vi. Data Store a. Allows storage of meter reading data including Intervals,Registers,and Alarms to be stored. b. Stored data is available online for reports and analysis. c. Data will be retained for 3 years.Additional duration can be purchased. B Enhanced Package. The Enhanced Package shall consist of the modules listed above in the Essential Package,as well as the following additional modules: i. Alarm Dashboard a. Allows the user to summarize and filter alarms by a date range, b. Allows the user to review all alarm types on a single screen. c. The user can filter out the alarms not wanted on the screen, d. Alarm totals can be visualized. e. Adds a view of trending alarms over time. f. Click to drill down on an alarm to gain more Information on specific events. g. Click to analyze a specific event on a particular device. Alarm Console a. Follow real time monitors of the alarms coming from Customers meters. b. Provides a single view for all alarms across the entire network. c. Allows the user to view trending of each alarm over time. Alert Manager a. Allows creation of alert groups who will be notified when an alarm occurs. b. Users can manage alert groups by adding and removing group members. c. Allows selection of notification method for how end users in the group will be notified;email or SMS(text message). d. Allows creation of an alert from the available system events from smart points and assign to a group. e. Monitors the systems meters for events. When an event is triggered,all users in the group will be notified. D. Integration of Sensus Analytics. Senses shall provide integration support services to Customer only to the extent specifically provided below, Senses shall provide Customer with a simple fiat file specification known as VFlex for the integration of the Customers back office system to the Senses Analytics modules.This flat file may be delimited or fixed width.This specification allows Customer to transmit each day or as needed:the devices and end users in the system,end user status,end user account information,end user name,and other end user details. When sent to the Sensus FTP servers,this file exchange will enable the system to become operational with the Customers systems. Customer shall produce this file and transmit it to the FTP location designated by Sensus.Sensus will provide reasonable support to explain to Customer the required vs.optional fields that are in the specification,testing and validation of the file format and content a. In scope of the included integration efforts is the mapping the Customers fields to the VFlex specification. 00204479 1 306.9001521) Page 9of21 180 s n s u s b. Out of scope and subject to additional charges will be the transformation of data where business logic including code must be written to modify the field content or format of the data to meet the VFlex specification. Sensus'integration services consists of four(4)hours of assistance(remote or on-site,as determined by Sensus). If additional time is needed to complete the integration efforts,Sensus shall invoice Customer for additional fees on an actual time and materials basis. tf an item Is not listed in subparagraphs(i)or(ii)above,such item is excluded from the integration of Sensus Analytics Support and Is subject to additional pricing. E. Data Import The Sensus Analytics Application contains adapters for the import of data from;(a)Customer's FlexNet AMI System;and/or(b)AutoRead application for handheld and drive by systems,as applicable. F. Customer Acknowledgements. i. Customer acknowledges that the Sensus Analytics Application provides up to fifty(50)user logins for Customer's use. ii. Customer acknowledges and agrees the Sensus Analytics Application is based upon the actual number of End Users within Customer's Service Territory. Pricing may increase if Customer's Service Territory or actual number of End Users expands. iii. Customer acknowledges that all data related to the Sensus Analytics Applications is geographically hosted within the United States of America. Customer accepts the geographic location of such hosting,and indemnifies Sensus for any claims resulting therefrom. Iv. Customer acknowledges and agrees that the Intellectual Property provisions of this Agreement apply in all respects to Customer's access to and use of the Sensus Analytics Applications. v. Customer is responsible for validating the data analyzed by the Sensus Analytics Applications. Sensus makes no promises of improving Customer's operations or saving Customer money,nor is Sensus liable for any damages resulting from decisions made by Customer related to Customer's use of Sensus Analytics. IV. Third Party Software. A. RedHat Linux. If Sensus is providing Customer with a license to use RedHat Linux Software,Customer agrees to the following: By entering into this Agreement,Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below,each of which are incorporated into this Agreement by reference and are available at the websttes Identified below, Please read the Red Hat End User License Agreements and incorporated references carefully. Subscription: End User License Agreement: Red Hat Enterprise Linux httpi/www.redhat.corMicenses/rhel_rha_eula.html JBoss Enterprise Middleware http://www.redhatcomilicenses/jboss_euia.htmt 100204479.1 306-9001821) I Page 10 of 21 181 MOM sEnsus Exhibit B Technical Support 1. Introduction Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical issues as well as any coordination of additional resources required to resolve the issue.Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis.If Technical Services has exhausted all troubleshooting efforts for the product type,the issue will escalate to the Engineering Support Team.Occasionally,on-site troubleshootinglanalysis may be required.The preferred order of on-site support is: a) The Customer(for assistance with the easiest and lowest time-consuming activities such as power on/power off). b) The local distributor. c) Sensus employees or contracted personnel,if required to fulfill a contract commitment. 2. Support Categories 2.1. General questions regarding functionality, use of product, how-to,and requests for assistance on Sensus AMR,AMI, RF Network Equipment, Metering Products and Sensus Lighting Control. 2.2. Proactive reporting and resolution of problems. 2.3. Reactive reporting to isolate,document,and solve reported hardware/software defects. 2.4. Responding to service requests and product changes. 2.5. Addressing customer inquiries with printed or electronic documentation,examples,or additional explanation/clarification. 3. Support Hours 3.1. Standard Support Hours:Toll-free telephone support(1-800-638-3748 option#2)is available Monday thru Friday from 8:00AM EST to 8:00PM EST.After- hours,holiday and weekend support for Severity 1 and Severity 2 issues is available by calling 1-800-638-3748,option#8. 4. Support Procedures 4.1. Customer identifies an issue or potential problem and calls Technical Services at 1-800-638-3748 Option#2.The Customer Service Associate or Technical Support Engineer will submit a Support ticket. 4.2. The Customer Service Associate or Technical Support Engineer will Identify the caller name and utility by the assigned software serial number,city,and state in which the call originated.The nature of the problem and severity levels will be agreed upon by both parties(either at the time the issue is entered or prior to upgrading or downgrading an existing issue)using the severity definitions below as a guideline.The severity level is then captured into a support ticket for creation and resolution processing.Any time during the processing of this ticket,if the seventy level is changed by Sensus,the customer will be updated. Severity Levels Description; Sev1 Customer's production system Is down.The system is unusable resulting in total disruption of work.No workaround is available and requires immediate attention. Example:Network mass outage,all reading collection devices inoperable,inoperable head end software(e.g.,RNI Software,Sensus MOM). Sev2 Major system feature/function failure. Operations are severely restricted; there is a major disruption of work, no acceptable work-around is available,and failure requires Immediate attention. Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Station transceiver, or VGB); inoperable reading devices (e.g., AR5500,VXU,VGB,or CommandLink);head end software application has important functionality not working and cannot create export file for billing system operations. Sev3 The system is usable and the issue doesn't affect critical overall operation. Example:Minor network equipment failure(e.g.,Echo/Remote false alarms or Base Station transceiver false alarms);head end software application operable but reports are not running properly,modification of view or some non-critical function of the software is not running. Sev4 Minor system issues,questions,new features,or enhancement requests to be corrected in future versions. Examples:Minor system issues,general questions,and'How-Tow questions. 4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer is on support.If the customer Is not on support,the customer is advised of the service options as well as any applicable charges that may be billed. 4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first-come-first-serve basis.A first level Customer Service Associate may assist the customer,depending on the difficulty of the call and the representative's technical knowledge.Technical Support Engineers(Tier 1 support)typically respond/resolve the majority of calls based on their product knowledge and experience.A call history for the particular account is researched to note any existing pattern or if the call is a new report.This research provides the representative a basis and understanding of the account as well as any associated problems andlor resolutions that have been communicated, a. Technical Services confirms that there is an issue or problem that needs further analysis to determine its cause.The following information must be collected:a detailed description of the issues symptoms,details on the software/hardware product and version,a description of the environment in which the Issue arises,and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system,to see if reports of a similar problem exist,and if any working solutions were provided. If an existing resolution is found that will address the reported issue,it shall be communicated to the customer. Once it is confirmed tattle issue has been resolved,the ticket is closed. c. If there is no known defect or support that defines the behavior,Technical Services will work with the customer to reproduce the issue.If the issue can be reproduced,either at the customer site or within support center test lab,Technical Services will escalate the ticket for further investigation!resolution, If the issue involves units that are considered to be defective with no known reason,the representative will open a Special Ihvestigation RMA through the Support system.If it Is determined that a sample is required for further analysis:the customer will be provided with instructions that detail where to send the product samples)for a root cause analysis.Once it is determined that the issue cannot be resolved by Tier 1 resources,the ticket will be escalated to Tier 2 support for confirmation/workarounds to resolve immediate Issue.Technical Services will immediately contact the customer to advise of the escalation.The response and escalation times are listed in Section 5.At this time,screen shots, log files,configuration files,and database backups will be created and attached to the ticket 00204479.1 306-9001821) I Page 11 of 21 182 110111M11C sEnsus 5. Response and Resolution Targets. Sensus Technical Support will make every reasonable effort to meet the following response and resolution targets: Severity Sfandard Target Standard Target Resolution Resolution(one or more of the following)Response Immediately assign trained and qualified • Satisfactory workaround is provided. Services Staff to correct the error on an • Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing . Fix incorporated into future release, communication on the status of a • Fix or workaround incorporated into the Support oom0n Knowledge Base. Satisfactory workaround is provided. Assign trained and qualified Services • Program patch is provided. 2 4 hours Staff to correct the error. Provide • Fix incorporated into future release. communication as updates occur. For or workaround incorporated into the Support Knowledge Base. Answer to question is provided. Satisfactory workaround is provided. 3 1 Business Day 90 business days Fix or workaround incorporated into the Support Knowledge Base. Fm incorporated into future release. Answer to question is provided. 4 2 Business Days 12 months Fix or workaround incorporated into the Support Knowledge Base. 6. Problem Escalation Process. 6.1 If the normal support process does not produce the desired results,or if the severity has changed,the issue may be escalated as follows to a higher level of authority. 6.1.1. Seventy 1 issues are escalated by Sales or Technical Services to a Supervisor if not resolved within 2 hours; to the Manager level if not resolved within 4 hours;to the Director level if not resolved within the same business day;and to the VP level if not resolved within 24 hours. 6,1.2. A customer may escalate an issue by calling 1-800-638.3748,Option 2.Please specify the Support ticket number and the reason why the Issue Is being escalated. 6.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products,they may escalate a given Support ticket to Manager of Technical Services(1-800-638-3748,Option 2). 7. General Support Provisions and Exclusions 7.1. Sensus provides online documentation for Sensus products through the Sensus User Forum (http:llmyflexnetsystem com/Module/User/Login).All Sensus customers are provided access to This online database,which Includes operation,configuration and technical manuals.Sensus also hosts periodic user group teleconferences to facilitate the interchange of product ideas,product enhancements,and overall customer experiences.The customer shelf provide names and email accounts to Sensus so Sensus may provide access to the Portal. 7.2. Specialized support from Sensus is available on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific maintenance contract.For example,specialized systems integration services or out of warranty network equipment repair that is not covered under a separate maintenance contract. 100204479.1 306-9001821) Page 12 of 21 183 sEnsus Exhibit C Pricing Pricing Item Description Quantity Price per Unit ( Notes Goods SEE EXHIBIT"C"!QUOTATION AT PAGES 14 THROUGH 17 Services SEE EXHIBIT°C°/QUOTATION AT PAGES 14 THROUGH 17 Ongoing Fees SEE EXHIBIT`C?QUOTATION AT PAGES 14 THROUGH 17 Annually PRZtYiR,fit Tq kms Escalation. Customer shall pay for all goods and services rendered by Sensus hereunder at the prices set forth in this Exhibit C(or in the Quote if one is referenced on the first page.If there is a Quote referenced on the first page,such Quote is incorporated into this Exhibit C by reference). The pricing in Exhibit C shall remain firm until the Trigger Date as defined on the first page of the Agreement).Starting on the Trigger Date,and on each anniversary of the Trigger Date thereafter,the pricing in Exhibit C shall automatically adjust to equal the summation of 0)the amount charged for such pricing component during the immediately preceding year("Base Amount");plus(ii)the product of the Base Amount multiplied by the percentage rate of increase in the Escalator(s)during the immediately preceding year(which product shall not be less than zero,such that the pricing in Exhbit C cannot decrease under this section). The Escalator(s)will be calculated utilizing the Escalator(s)published the month prior to the anniversary of the Trigger Date compared to the equivalent month from one year earlier to determine the escalation. For example,if the Trigger Date occurs in January 2015,the Escalators)will be calculated by comparing December 2013 and December 2014 figures, Equipment. Invoices for all Field Devices,RF Field Equipment,Server Hardware and any other goods sold by Sensus hereunder shall be delivered along with the relevant goods. Third Party Devices. In cases where Customer requests or requires Sensus to deliver SmartPoint Modules to a third party meter manufacturer(or any other third party),payment for such modules is due within thirty(30)days of the invoice date to such manufacturer or other third party,irrespective of how long it takes such third party to deliver the SmartPoint Modules to Customer. Services. Invoices for Ongoing Fees and services shall be delivered annually or monthly,as applicable,in advance. Invoices for other services shall be delivered upon completion of the applicable service. Invoices and Payment. Customer shall pay all invoices within thirty(30)days of the Customer's receipt of the proper invoice in accordance with the Florida Prompt Payment Act.. Sensus reserves the right to establish credit limits for Customer and may require full or partial payment prior to shipment of any goods or commencement of any services provided hereunder. All payments shall be made via electronic payment to the account(s)indicated by Sensus from time to time,unless Sensus requests a change in payment methods in writing. Late Payments. Any invoices not disputed in good faith by Customer which Customer does not pay within the time provided in this Agreement shall bear interest at the lower of(i) one percent(1%)per month in accordance with the Florida Prompt Payment Actor(ii)the highest rate permitted by applicable law(collectively,'Interest Rata'). Disputed Invoices.Resolutions of disputed invoices will be handled in accordance with Section 218.76,Florida Statutes of the Florida Prompt Payment Act,as may be amended. Withholding. Customer may withhold payment on an invoice for defective goods and services. Payment by Customer of an invoice shall deem Sensus to have fully cornered with this Agreement for all goods and services represented In the invoice and with all other terms and conditions of this Agreement prior to the date of such payment Taxes. All prices quoted are exclusive of federal,state and municipal taxes.Customer Is exempt from taxation and no taxes will be imposed on this Agreement or the goods, services,licenses and/or other rights provided to Customer.Unless and until Customer provides Sensus with its tax exempt certificate,Customer shall be liable for all sales,use and other taxes(whether local,state or federal)imposed on this Agreement or the goods,services,licenses,and/or other rights provided to Customer hereunder. Delivery and Packaging. Customer shall pay for delivery of the Equipment from Sensus'or Sensus'contracted manufacturers'factory to Customer's warehouse. Sensus reserves the right to select the manner in which Equipment is packaged.Quoted prices include regular packing. Special requirements for packing will be subject to extra charges. Shipping and completion dates quoted by Sensus are made in good faith but are not guaranteed. Address for Purchase Orders. All purchase orders shall be sent to the address listed below. Senses may change this address at any time,upon written notice to the Customer suds notice may be provided via email). Sensus USA Inc. PO Box 487 Uniontown,PA 15401 Atn Customer Service Fax:800-888-2403 Emafi:iconsupportl sensus.com 00204479.1 306-9001821) Page 13 of 21 184 Exhibit C SEt1SUS Page 1 950 North Gallatin Avenue 1-500-Meterll moms P.O.Box 487 1-890-038-3748 QUOTATION NOMMEN Uniontown,PA 15221 USA www.sensue.com Your Quote Number: 28578 Reference: SA ENHANC'Pf &CP sEnsus Bill to Customer: 084060 Ship to Customer: ATTENTION WANEYA BRANT BOYNTON BEACH CITY OF BOYNTON BEACH CITY OF PURCHASING DEPARTMENT PO BOX 310 PO BOX 310 PURCHASING DEPARTMENT BOYNTON BEACH FL 33425-0310 USA BOYNTON BEACH FL 33425-0310 Salesman: HERRON BROCK Effective Date: 5/04/17 Terms: NET 30 DAYS Expiration Date: 4/30/18 US Dollar Line Description Quantity U/M Unit Price 1 Part#: SSX46XXXXXXXXXX 1 EA 38,512.210 SAAS W/S?WR RNI 3.X >35K WTR RNI 3.X >35K SERVICES WATER YEAR 1 2 Part#: MS RNI SAAS 1 EA 39,667.580 ANNUAL RNI SAAS FEE YEAR 2 3 Part#: MS RNI SAAS 1 EA 40,857.600 ANNUAL RNI SAAS FEE YEAR 3 4 Part#: MS RNI SAAS 1 EA 42,083.330 ANNUAL RNI SAAS YEAR 4 5 Part#: MS RNI SAAS 1 EA 43,345.830 ANNUAL RNI SAAS Fist YEAR 5 6 Part#: MS SU RNI SAAS1 1 EA 000 SETUP RNI SAAS FEE 0-34,999 WTR/GAS This Quotation Is M offer to sell which includes and is subject is the Smits Metering Systems icons of Sete avaibble for viewing and dowaloading tl hUa:/Mwwscusussont/tQ Please contact Customer Service rd I-SO0-638-3748 if you are unable W access this sin and require a perused copy of 1110 Tema of Sale. 00204479.1 3(.154001821) Pap 14 of 21 185 MOMIMMO 5Ensus Page 2 450 North Gallatin Avenue 1-800.Meior1t tearldram P.Q.BOX 487 1-800$38-3748 Uniontown,PA 15221 USA www.sonsUELCOIT1katainatNYourQuoteNumber: 28578 Mina sEnsus US Dollar Line Description Quantity U/M Unit Price 7 Part4f: 5396383700535F 1 EA 32,335.310 SENSUS WTR ANALYTICS ENHANCED 35K ANNUAL FEE 8 Part#: 5396383700535F 1 EA 33,305.370 SENSUS WTR ANALYTICS ENHANCED 35K ANNUAL ?Eh 9 Part#: 5396383700535F 1 EA 34,304.530 SENSUS WTR ANALYTICS ENHANCED 35K ANNUAL FEE 10 Part4t: 5396383700535F 1 EA 35,333.670 SENSUS WTR ANALYTICS ENHANCED 35K ANNUAL FEE 11 Part#: 5396383700535F 1 EA 36,393.680 SENSUS WTR ANALYTICS ENHANCED 35K ANNUAL YEE 12 Part#: 5396383700521A 1 EA 2,000.000 SEN ANLYTCS SYSTEM SETUP WATER 5K SENSUS RNI CUSTOMER 13 Part#: PS SA CUSTOM 1 EA 5,000.000 SENSUS ANALYTICS CUSTOM BILLNG INTEGRATION FEE 14 Part#: SA WTR CP 1.5 1 EA 6,250.000 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FETE 0-1500 YEAR 1 15 Part#: SA WTR CP 1.5 EA 6,437.500 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 YEAR 2 16 Part#: SA WTR CP 1.5 1 EA 6,630.630 WTR CONSUMER PORTAL <1500 ANNL ANNUAL USE FEE 0-1500 This Quotation Is an otter to tell which includes and is subject to the Sensus Metering Syslcnn Tonne of Snlc available for view lag and downloading so hap://www.KIISAnscondic lime contact C.sto na Service at I4300.63S-3748 if you aro unable to access this site and require a printed copy of ltte Tams of Sate. 00204479.1 306-9001821} Page 15 of 21 186 12 10 9L BBed L48600s-soe L-6L4VOZ00} Pomo susulalplo,IQoi palulsd e ailnbar pgg ays nip Man o1 alggun Pie noAA 9PLC-SO-00r I H aalws monk);mum osaald Nusrsnsu ss n,,aAll oi1U guIpso1+M0P pug'2u%aUA sof°prom algs.lo MIK ssuaisd$801.12taW msuaS oul of ioa(4^s ct Pug gapnlail Vi4m Has 01 rap)w si uoJIeiana s141 0£ZLOS00 - SSV LMIOd ONIddIHS 80d QBMOT W LHDI 3 T IA CIBDNVHNE VS 01 WGW D IOO'I WO?U ONIAOW ag ono sv x'niKHA SBSVECHDNI H,LIM xTIvDIIVWO n r QSTIIS BH TIIM JYHL 5883 ''IKf1NAV NOd S - Z SNVBX NO SNITII 8 NOd S2i$8Wf1N 'O'd BQf1tDNI OCL HDti88 NO.LNXOff SBDIANBS 61E'SE SVH RDVHE NOINXOH SNINIVHI rIIHOd NWf1SNOD SD IIArIVNV SfSNBS 000'000'Z VH I NIV2LL d3 VS Sd '#11Ed ZZ ffid NOI1K2i58.LNI SIO LNOd 21211411SNOD SDILXT 1'N SnSNBS 000'000'11 tie? 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Current as of: 5/05/17 Correspondence:Purchase Orders: SENSUS SENSUS 207 WINDMERE DRIVE PO BOX 487 BOWLING GREEN, KY 42103 UNIONTOWN, PA 15401 sensus.orders@sensus.com PHONE: 800-METER-IT 800-638-3748 ROBERT WHITTAKER Regional Sales Manager This Quoteiion Is in offer to sell which includes and is subject to the Scnsus Metering System Terms of Salo'wettable for viewing and doweloidieg u hup;lAvww.senuussedio Please contact Crstrawcs Service it 1-590-638-3746 if you ate unabtc to access this site and rapine a p inicd copy of t/w Teens of Sale. 00204479.1 306-9001821) Page 17 of 21 188 C sEnsus Exhibit D Statement of Work I. General Responsibilities. a. Senses will: 1. Conduct a propagation study to determine the locations best suited for installation of the FlexNet Base Stations and to ensure proper communications with end point transmitters and the RNI. b. Customer 1. Provide a key point of contact to work with Sensus to help facilitate a timely installation of the FlexNet system. 2. Provide Senses a map of its Service Territory with latitude and longitude(latton')coordinates of its Service Territory boundaries,a list of meter locations,and a list of preferred Customer tower locations. 3. Work with Senses to develop a shipping schedule to include network and metering components for the Sensus AMI System.The shipping schedule will be updated at least quarterly,but may be updated on a more frequent basis as implementation proceeds. The shipping schedule shalt identify each geographic area of the deployment,the specific locations of meters(street addresses and/or lat/lon if available)in that area,and the estimated date of installation in that area.The plan shall estimate the number of meters by Sensus part number and form type to be installed for each quarter of the project until completion. 4. Be responsfile for monthyfees associated wit the network access for all sites where network access is needed. 5. Provide communications link(high speed DSL Is preferred)between the RNI and the FlexNet Base Station. One of the following should be used to access these components:(i)Cisco VPN;(ii)Open VPN Connection;or(iii)SSH access via port 22 to Linux NC. if Customer is providing SSH access,Port 22 on the firewall must be opened and redirected to the internal IP address of the Senses RNI. 6. Purchase any routers,hubs,mounting equipment,uninterruptible power suppy and/or security equipment needed to connect the RNI to Customer's internal network. 7, Be responsible for the payment of any taxes,renewal,regulatory or license fees associated with the network hardware and software. 8. Be responsible for applying for and purchasing any needed work permits. 11. FlexNet Base Station Site Responsibilities a. Senses will: 1. Determine the correct FlexNet Base Station configuration for the project. FlexNet Base Stations are available in three configurations:indoor,outdoor and rack mounted. 2. Identify and hire a qualified installation team to install and commission the FlexNet Base Station equipment and make final end connections to the equipment for an agreed upon installation fee. 3. Provide the FlexNet Base Station and antennae sufficient to receive meter data and provide the meter data to the RNI via Customer's provided network. 4. Provide the following equipment for the FlexNet Base Station installation: (a)Antel BCD-87010 Omni Directional Antenna or appropriate panel antenna as required,(h)up to 400 feet of 7/8'coaxial cable per FlexNet Base Station location,(c)N/F connectors for 7/8'coaxial cable required for antenna installation connection,(d)jumpers required to attached antenna to coax and to FlexNet Base Station(length of Jumper to be determined by individual site),(e)RF Polyphaser surge current arrestor,(f)grounding Klts for 718"coaxial cable,(g)#6 stranded grounding wire for grounding FlexNet Base Station Cabinet,(h)antenna mount and standoff for antenna installation,(i)hoisting grips to Install coaxial cable and to support coax cable,G)equipment required to pickup,transport and install FlexNet Base Station on Platform,and k)one(1)hoisting grip per coax cable and hangars as needed. 5. Have access to a ground field(supplied by Customer)to properly ground the FlexNet Base Station and antenna equipment 6. Mount the FlexNet Base Station cabinet(if needed)to the structure provided and identified by Customer. 7. Make at data and power terminal,and antennae connections at the FlexNet Base Station Cabinet.This includes the connection from the power source(supplied by Customer)and connection of the CAT 5 data line(supplied by Customer)from the network access point at the site. 8. Provide all strapping hardware needed to run the data and power cables from the base of the FlexNet Base Station site to the antennae ff needed. 9. Install the antenna at an agreed-upon location on the antenna structure. 10. Provide and install Andrew 7/8'coaxial cable from each FlexNet Base Station location to antenna mount location. Coax will be installed on the appropriate leg of tower or mounting structure. 11. Provide and install antenna mount with a 3 foot stand-off for the antenna installation. 12. Mount the Serrsus provided Antel BCD-87010 or appropriate panel antenna for installation. 13. Install the Sensus provided RF Polyphaser and bond it to the ground buss entry location. 14. Install a 6 foot jumper from potyphaser entry port of FlexNet Base Station duplexer. 15. Ground the FlexNet Base Station to common ground with appropriate#6 ground wire and appropriate ground lugs. 16. Program and commission the FlexNet Base Station for proper operation. 17. Sweep the antenna and coax line to ensure conformance to Sensus'published specifications. 18. Perform drive-by testing to verify coverage. 19. Not be held responsible for damage to any interior/exterior coatings on water tanks that result from welding of antenna mounts to tanks.Parties will agree to a scope of work prior to installation. b. Customer will: 1. Provide an area at the FlexNet Base Station site for installation if the FlexNet Base Station is to be installed at a Customer provided site and prepare the site as follows: A. The site must have a network connection available for the FlexNet Base Station to communicate with RNI. Suggested communications methods are Ethernet,DSL,Microwave and wireless. The Ethernet connector on the FlexNet Base Station unit is an R.J-45 type,10/100 auto signaling rate. Minimum WAN bandwidth requirements are 128 kbps with a redundant path. Any network equipment to interface the FlexNet Base Station such as Juniper router/ firewall,switches,etc.will be Customer provided. B. Customer will supply connectivity information to Sensus(IP address,default gateway,sub-net mask,etc.). C. Provide suitable antenna mounting structure such as a tower,mono-pole,or building that is capable of supporting the weight of the antenna,cable, mounting hardware and wind loading. D. An Indoor site should have adequate room for the rack facilitating opening of both front and rear doom,and an available 120V grounded outlet within 10 00204479.1 306-90018211 Page 18 of 21 189 11110111111111 MMIN sEnsus feet E. An Outdoor site installation single phase 240 VAC 30 amp circuit from Meter bank to disconnect panel on FlexNet Base Station. F. An Outdoor site shall have installation of FlexNet Base Station conaete support pad or suitable steel support structure with a minimum loading capacity of 6001b1 sq.inch. G. An Indoor site should have adequate environmental control/ventilation. Recommended environmental ranges are shown in Appendix A of the Tower Gateway Base Station Installation Manual. Although the unit is capable of operation in extreme temperatures,maintaining a moderate and constant temperature environment will promote trouble-free service and long life. H. The site must have ail RF and power connections properly surge arrested to prevent damage in the event of a major lightning strike. A Halo type building ground installation with a tie available to connect to the rack ground bar is recommended;Motorola R-85 grounding specification preferred. I. Customer to supply a cable bridge between the antenna mounting structure and the indoor/outdoor FlexNet Base Station site if and as needed. J. For each outdoor basestatlon that is required at your location,you are responsible to provide two(2)additional ports on your LAN and one(1)additional port for each indoor basestation 2. Provide the necessary trenching of the power line,conduit,and cabling needed to supply power from the power source outlet to the base station cabinet.All electrical equipment will be installed in accordance with local codes. 3. Provide network access at the site where the FlexNet Base Station is to be installed. Customer should casufi with a Sensus representative regarding the available options for network connections between FlexNet Base Station and RNI. 4. Provide CAT 5 UV and weather resistant network cable front the network service provider access ink to the cabinet 5. Provide any conduit or trenching needed to run the data cable to the FlexNet Base Station.Customer Is responsible to assure that data cable is located within 1 foot of the final location of the FlexNet Base Station. 6. Provide padlocks at each FlexNet Base Station location for security purposes, 7. Install grounding material at the location of the FlexNet Base Station Installation.Ata minimum,the material should consist of#4 or#2 stranded copper wire which will conned to the FlexNet Base Station. B. Provide access to a proper ground field at the FlexNet Base Station site to enable Senses to properly ground the FlexNet Base Station and antenna equipment. 9. Be responsible for getting access/permission to any structure that is not owned by Customer. 111. Echo Transceiver/Remote Transceiver Responsibilities a. Sensus will: 1. Provide mounting brackets for mstaltadon. 2. Identify the optimum baton to install the Echo TransoeiaenRerrtote Transceiver and communicate those locations to Customer, 3. Echo Transceiver/Remote Transceiver locations will be identified only after sufficient FlexNet Base Stations and endpoints have been installed and it is apparent that additional infrastructure in the form of Echo Transceivers/Remote Transceivers is required to optimize system performance. b. Customer will: 1. Provide a 120 VAC power source and cable run,in compliance with local code,to the point where each Echo Transceiver/Remote Transceiver will be installed to supply all necessary power requirements.These boxes cal be Installed on top of poles,buildings,etc.For such cable runs,18 AWG UV and weather resistant power cable for runs less than 470 ft and 16 AWG for runs less than 750 ft are needed. 2. Install the Echo Transceiver/Remote Transceiver units and ancillary equipment necessary to a structure. 3. Initiate,coordinate and acquire authorization for Installation crews to climb poles,buildings and other structures necessary to safely affix cable runs as needed for the installation of the Echo Transceivers/Remote Transceivers. 4. Provide adequate electricity to the Echo Transceiver/Remote Trenscerver batons and be resporsiole for any and all recurring electricity charges for Echo Transceiver/Remote Transceiver operations. 5. Be nhsparsible for at-going maintenance and supporta{the equOrnent after installation. IV. Endpoints&Field Installation Responsibilities a. Customer will: 1. Purchase Endpoints. "Endpoint,in this Exhibit only,means a Sensus meter or a Sensus SmartPoint Module installed on a third party meter. 2. Customer is responsible for the safe installation of the Endpoints. For electricity products,Customer shall first test and confirm that each socket to which a Network Device will be/Is connected is in safe operating condition,Is fully functional,is not corroded,does not contain improperly installed jaws or other deficiencies,complies with ANSI standards,and is not?rot",damaged,or otherwise in need of maintenance or repair. 3. Install or hire a qualified installation contractor to Install all Endpoints to be used in the AMI System. 4. Be responsible for quality assurance for their personnel and/or en installation contractor as it relates to proper installation of Endpoints. 5. Visit and troubleshoot Endpoints that are not reporting into the system.Investigate any non-reporting Endpoids to ensure that there we no rut wires,r roper nstailations, improper programming and resolve all data entry errors in the system. 6. Assign en internal and/or installation contractor auditor to ensure installation work is correct Sensus wt train this individual to property identify and correct any known problems In the field.This individual will be the primary contact to troubleshoot,identify and correct non reporting Endpoints and installation errors. 7. Once the Installer has corrpfeted troubleshooting of Installation issues,Sensus wi investigate the remaining Endpoints to identify and fix any coverage Issues. 8. Coordinate with Senses to establish the Endpoints installation schedule,shipment quantities,and overall project timeline. 9. Be resporsibte to rent or purchase approved handheld prograrmmirg devices in sufficient quantities to meet the demands of the installers. 1002044 79.1 306-D001821} Page 19 of 21 190 NUM MINIM sEnsus Exhibit E Product Warratdes see attached) 00204479.1 306-B001821) I Page 20 of 21 191 Sensus Limited Warranty G-500 R21 I.General Product Coverage X.Sensus eccuMAG Meters... Sensus USA Inc.("Sensus')warrants its products and parts to be free from defects in are warranted to be free from defects in material and workmanship,under normal use andmaterialandworkmanshipforone(1)year from the date of Sensus shipment and as set service, for 18 months from the date of Sensus shipment or 12 months from startup,forth below. All products are sold to customer('Customer)pursuant to Sensus'Terms whichever occurs first. of Sale,available at:sensus.com/TC("Terms of Sale"). Xl.Sensus Registers-.. II.SR Ile and accuSTREAM"'S/B",3/4"31"Meters... are warranted to be free from defects In material and workmanship from the date of Sensus are warranted to perform to AWWA New Meter Accuracy Standards for five(5)years shipment for the periods stated below or until the applicable registration for AWWAfromthedateofSensusshipmentoruntiltheregistrationshownbelow, whichever Repaired Meter Accuracy Standards,as set forth above,are surpassed,whichever occursoccursfirst. Sensus further warrants that the SR II and accuSTREAM meters will first: perform to at least AWWA Repaired Meter Accuracy Standards for fifteen(15)years from the data of Sensus shipment or until the registration shown below, whichever 5/8"thru 2'SR,SR II,PMM,accuSTREAM Standard Registers 25 years occurs ti 5/8`thru 2"SR,SR II,PMM,accuSTREAM Encoder Registers 10 years New Meter Accuracy Repair Meter Accuracy Electronic Communication Index(ECI) 10 years 5/8'SR II Meter and 500,000gallons 1,500.000 gallons All HSPU,IMP Contactor,R.E.R.Elec.ROFI 1 yearaccuSTREAMMeter Standard and Encoder Registers for:"W'Turbo end Propeller Meters I year314'SR II Meter and 750,000 gallons 2,250,000 gallons OMNI Register with Battery 10accuSTREAMMeter years 1'SR II Meter and 1,000,000 gallons 3,000,000 gallons XII.Sensus Electric Meters,,, accuSTREAM Meter are warranted to be free from defects in material and workmanship for one(1)year from 111.SR°5/8",314"d 1"Meters... the date of Senses shipment. Spare parts and components are warranted to be free from defects in material and workmanship for one(1)year from the date of Sensus shipment. are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year from the date of Sensus shipment.Sensus further warrants that the 5/8",3/4'and 1'SR Repaired or refurbished equipment repaired by Sensus is warranted to be free from defects meter will perform to at least AW WA Repaired Meter Accuracy Standards for fifteen(15) in material and workmanship for ninety(90)days from the date of Sensus shipment or for years from the date of Sensus shipment or until the registration shown below,whichever the time remaining on the original warranty period,whichever is longer, occurs first: XIII.Batteries,IPERL System Components,AMR and FlexNetT°System AMI InterfaceRepairMeterAccuracyDevices.,. 5/8'SR Meter 1,500,000 gallons are warranted to be free from defects in material and workmanship from the date of Sensus314"SR Meter 2,250,000 gallons shipment for the period stated below: 1'SR Meter 3,000,000 gallons Electronic TouchPad 10 years IV.SR 1.1/2"&2"... RadioRead°MXU(Model 505C,510R or 520R)and Batteries 20 years' are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year Act-Pak®Instrumentation 1 year from the date of Sensus shipment.Sensus further warrants that the 1-1/2'and 2"SR TouchRead°Coupler and AMR Equipment 1 year meter will perform to at least AWWA Repaired Meter Accuracy Standards for tan(1 0) FlexNet Water or Gas SmariPointr Modules and Batteries 20 years'years from the date of Sensus shipment or until the registration shown below,whichever occurs first:5500 series(or older)Hand Held Device I year 6500 series Hand Held Device 2 yearsRepairMeterAccuracy Vehicle Gateway Base Station 1 year1-1/2"SR 5,000,000 gallons FlexNet Base Station(Including the Metro and M400 base stations) 1 year2'SR 8,000,000 gallons Echo Transceiver 1 year V.PMN°5/8",3/4",1"Meters... Remote Transceiver 1 year are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year iConA and FlexNet Electricity SmartPoint Module 1 year from the date of Sensus shipment.Sensus further warrants that the 5/8',3/4",and 1' IPERL System Battery and iPERL System Components 20 years'PMM meter will perform to at least AWWA Repaired Meter Accuracy Standards for Residential Electronic Registerfifteen (15)years from the date of Sensus shipment or until the registration shown 20 years* below,whichever occurs first: Smart Gateway 1 year Repair Meter Accuracy Sensus will repair or replace non-performing:5/8"PMM 1,500,000 gallons 314`PMM 2,000,000 gallons RadloRead®MXU(Model 5050,510R and 520R)and Batteries, 1'PMM 3,000,000 gallons FlexNet Water or Gas SmartPoint Modules (configured to the factory setting of six transmissions per day under normal system operation of up to one demand read to each VI.PMM 1.112",2"Meters.,. SmartPoint Module per month and up to two firmware downloads during the life of the are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year product)and ballades, from the date of Sensus shipment.Senses further warrants that the 1-1/2",and 2"PMM •Residential Electronic Register with hourly reads,and meter will perform to at least AWWA Repaired Meter Accuracy Standards for ten(10) •iPERL System Batteries,and/or the IPERL System flowtube,the flow sensing and datayearsfromthedateofSensusshipmentoruntiltheregistrationshownbelow,whichever processing assemblies, and the register ("iPERL System Components") with hourly occurs first: reads Repair Meter Accuracy at no cost for the first ten (10)years from the date of Sensus shipment, and for the 1-1/2"PMM 5,000,000 gallons remaining ten (10) years,at a prorated percentage, applied towards the published Get 2'PMM 8,000,000 gallons according in effect for the year product Is accepted by Sensus under warranty conditions according to the following schedule: VII.'PERO',Water Management Systems... Years Replacement Price Years . Replacement Price that register water flow are warranted to perform to the accuracy levels set forth in the 1—10 0% 16 55% iPERL Water Management System Data Sheet available at sensus.conJperldatasheet 11 30% 17 60% or by request from 1-800-METER-IT, for twenty(20)years from the date of Sensus 12 35% 18 65%shipment. The IPERL System warranty does not include the external housing. 13 40% 19 70% VIII.Malncsse,,, 14 45% 20 75% of the SR,SR II and PMM in both standard and low lead alloy meters are warranted to 15 50% 20 100% be free from defects in material and workmanship for twenty-five(25)years from the date of Sensus shipment.Composite and E-coated maincases will be free from defects Note:Software supplied and licensed by Sensus is warranted according to the terms of the in material and workmanship for fifteen(15)years from the date of Sensus shipment. applicable software license agreement, Sensus warrants that network and monitoring services shall be performed in a professional and workmanlike manner, IX.Sensus"W"Series Turbo Meters,OMNI'Meters and Propeller Meters,,. XIV. are warranted to perform to AWWA New Meter Accuracy Standards for one(1)year Return... from the date of Sensus shipment. Sensus'obligation,and Customer's exclusive remedy,under this Senses Limited Warranty Is,at Sensus'option,to either(i)repair or replace the product,provided the Customer(e) 8601 Sbc Forks Road,Suite 700 Raleigh,NC 27615 SE fl 5 U 51.800.638-3748 192 returns the product to the location designated by Senses within the warranty period;and REMOVING GOODS. "END USER' MEANS ANY END USER OF b)prepays the freight costa both to and from such location;or(II)deliver replacement ELECTRICITY/WATER/GAS THAT PAYS CUSTOMER FOR THE CONSUMPTION OF components to the Customer, provided the Customer installs, at its cost, such ELECTRICITY/WATER/GAS,AS APPLICABLE. components In or on the product(as Instructed by Senses),provided, that if Senses requests,the Customer(a)returns tie product to the location designated by Sensua The limitations on liability set forth In this Agreement are fundamental Inducements to within the warranty period; and (b)prepays the freight costs both to and from such Senses entering Into this Agreement.They apply unconditionally and in all respects. They location. In all cases, if Customer does not return the product within the time period ere to be interpreted broadly so as to give Senses the maximum protection permitted under designated by Senses,Senses will invoice,and Customer will pay within thirty days of law. the invoice date,for the coat of the replacement product and/or components. To the maximum extentrmitiedpe by law, no Cause of Action may be instituted by The return of products for warranty claims must follow Senses' Returned Materials Customer against Senses more than TWELVE(12)MONTHS after the Cause of Action first Authorization(RMA)procedures.Water meter returns must include documentation of arose. In the calculation of any damages in any Cause of Action,no damages Incurred the Customer's test results. Test results must be obtained according to AWWA more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be standards and must specify the meter serial number. The test results will not be valid if recoverable• the meter ie found to contain foreign materials. If Customer chooses not to test a Senses water meter prior to returning it to Senses,Senses will repair or replace the meter,at Senses'option,after the meter has been tested by Senses.The Customer will be charged Senses'then current testing tee.Senaus SmartPoints modules and MXU's returned must be affixed with a completed return evaluation label. For all returns, Senses reserves the right to request meter reading records by serial number to validate warranty claims. For products that have become discontinued or obsolete("Obsolete Product'),Sensus may, at its discretion, replace such Obsolete Product with a different product model New Product'),provided that the New Product has substantially similar features as the Obsolete Product. The New Product shall be warranted as set forth In this Sensus Limited Warranty. THIS SECTION XIV SETS FORTH CUSTOMER'S SOLE REMEDY FOR THE FAILURE OF THE PRODUCTS, SERVICES OR LICENSED SOFTWARE TO CONFORM TO THEIR RESPECTIVE WARRANTIES. XV.Warranty Exceptions and No Implied Warranties... This Sensua Limited Warranty does not include costs for removal or installation of products,or costs for replacement labor or materials,which are the responsibility of the Customer. The warranties in this Sensus Limited Warranty do not apply to goods that have been: Installed improperly or in non-recommended Installations; installed to a socket that is not functional,or Is not in safe operating condition,or Is damaged,or is In need of repair; tampered with;modified or repaired with parts or assemblies not certified In writing by Senses,Including without limitation,communication parts and assemblies; improperly modified or repaired (including as a result of modifications required by Sensua);converted;altered;damaged;read by equipment not approved by Senses;for water meters,used with substances other than water,used with non potable water,or used with water that contains dirt,debris,deposits, or other impurities; subjected to misuse,improper storage,Improper care,Improper maintenance,or improper periodic testing (collectively, 'Exceptions.'). If Sensus identifies any Exceptions during examination,troubleshooting or performing any type of Support on behalf of Customer, then Customer shall pay for and/or reimburse Sensus for all expenses incurred by Senses in examhNng, troubleshooting, performing support activities, repairing or replacing any Equipment that satisfies any of the Exceptions defined above. The above warranties do not apply In the event of Force Majeure,as defined in the Terms of Sale. THE WARRANTIES SET FORTH IN THIS SENSUS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN WITH RESPECT TO THE GOODS, SOFTWARE LICENSES AND SERVICES SOLD OR OTHERWISE PROVIDED BY SENSUS. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH THIS SENSUS LIMITED WARRANTY OR WITH THE TERMS OF SALE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,NON-INFRINGEMENT AND TITLE. SENSUS ASSUMES NO LIABILITY FOR COSTS OR EXPENSES ASSOCIATED WITH LOST REVENUE OR WITH THE REMOVAL OR INSTALLATION OF EQUIPMENT. THE FOREGOING REMEDIES ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF EQUIPMENT, LICENSED SOFTWARE OR SERVICES TO CONFORM TO THEIR RESPECTIVE WARRANTIES. XVI.Limitation of Liability... SENSUS'AGGREGATE LIABILITY IN ANY AND ALL CAUSES OF ACTION ARISING UNDER, OUT OF OR IN RELATION TO THIS AGREEMENT, ITS NEGOTIATION, PERFORMANCE, BREACH OR TERMINATION (COLLECTIVELY 'CAUSES OF ACTION') SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SENSUS UNDER THIS AGREEMENT. THIS IS SO WHETHER THE CAUSES OF ACTION ARE IN TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY,IN CONTRACT,UNDER STATUTE OR OTHERWISE. AS A SEPARATE AND INDEPENDENT LIMITATION ON LIABILITY, SENSUS' LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. SENSUS SHALL NOT BE LIABLE FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES;NOR(II)ANY REVENUE OR PROFITS LOST BY CUSTOMER OR ITS AFFILIATES FROM ANY END USER(S),IRRESPECTIVE OF WHETHER SUCH LOST REVENUE OR PROFITS IS CATEGORIZED AS DIRECT DAMAGES OR OTHERWISE; NOR (III) ANY IN/OUT COSTS; NOR (IV) MANUAL METER READ COSTS AND EXPENSES;NOR(V)DAMAGES ARISING FROM MAINCASE OR BOTTOM PLATE BREAKAGE CAUSED BY FREEZING TERMPERATURES, WATER HAMMER CONDITIONS,OR EXCESSIVE WATER PRESSURE. 'IN/OUT COSTS'MEANS ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN TRANSPORTING GOODS BETWEEN ITS WAREHOUSE AND ITS END USER'S PREMISES AND ANY COSTS AND EXPENSES INCURRED BY CUSTOMER IN INSTALLING,UNINSTALLING AND 8601 Six Forks Road,Suite 700 MINN MOORaleigh,NC 27615 s E n s u s1-800-638-3748 193 MINIM MINIM EEnsus Exhibit F Propagation Analysis See attached) 00204479.1 306-9001821} f Page 21 of 21 194 r rrrr arrrrryz FlexNet Design Lake Worth Propagation Analysis Corricffr z 5692—City of Boynton a C W* ,ir Beach a Boynton Beach,FL 0.. K:RF Engineer:Dave Konecny t Date:05/08/2017 H VeraIon:6 Crown Castle Tower r> •4 , ,t North Tower South Tower V 44110 r A a FSK:13 HR hee Noo3vo to i' d{G'/i f Rd fu9e 4' .r J Meter Type:Water illi j`' ,- Smart point Location: Pitset A.nrsatlan.ppi1M du*to am.rt polos ta..aon:b d6 ItelP zI ea t 4b dt rY Meters Covered 34iI65 4 Not Covered 4tr 0 r s i6 , Meters And Contract as Rate 33,652 TotaLMetrn_Anatysed 34,246 LEGEND: l I Area of Coverage t ,t t y t Tr:, a i 1e,i. 1,44,cli,.a1 r' " z.,-W-.'..,M.:;..•-- 4:,-:::-* l77. .i 67.6 A Base Station rtiir=.y Meter Thispropagation is based on actual Information si nsusstudyprovidedbytheutilitypertainingtometertype,Smart point Location,potential antennae height on structure,structure height,and structure location.Any changes,deletions and/or additions that are not provided For all tower mounted antennas,a minimum a Nytom br'ri to the design engineers during the creation of this design may result in a study that does not correlate to actual field conditions.antenna standoff of 3'is required from the tower. 195 FlexNet Design Like Worth Base station and Meter Locations J t`-• Corridor 1„nye Wci-t 5692—City of Boynton Beach Atlantis m Boynton Beach,FL it, - South k,- 1111.6, 1 r a~uxo a„wr .. 7•;war i ' r" 'tltf!tfe f w Y t.10. r.; crtAGAIK4A1rURAL tM . 4nIvNationalIdtr` Refuge t t ico th Tower Crown Cant 0 Tower ;,... Dun . =. 0 High Point D11ray 1.;,:h LEGEND: 3K' 4 Base Station ft, ghla:i 05 1 fit rtCt ( 20210 NAVIN'c'AND':2C1'Microsoft Corporation miles Thispropagation is based on actual informationprovided bythe utilitySEnsusstudypertainingtometertype,Smart point Location,potential antennae height on structure,structure height,and structure location.Any changes,deletions and/or additions that are not provided For all tower mounted antennas,a minimum a xylem brand to the design engineers during the creation of this design may result In a study that does not correlate to actual field conditionsantenna standoff of 3'Is required from the tower. 196 F g FlexNet Design Base station and Clutter f 4 5692—City of Boynton Beach 1 t Boynton Beach,FL ilitaryuPds.fit', ,--,, i ' 4 , -i b d 4,1 Y , : a` yy ,`. y; sou Crownn Cas le Tr,;ve y b , r i!` i a LEGEND: a'F i Erase Staten w r r N..tom Y/ game oat•tnd r ia' C; iSI Q..cbrbso Fes.Trees Q SlbFbbl We:'TRef El hrols Maya Tra* rtatlm I& s 111 Grow•Agno.ihse fi II Forest II IntindWoer mites, -- ...a=•..=ri{r iuia..rt. r See Water Thispropagation is based on actual informationprovided bythe utilitypertainingto meter SE'1SUSstudytype,Smart point Location,potential antennae height on structure,structure height,and structure location.Any changes,deletions and/cr additions that are not provided For all tower mounted antennas,a minimum a xylem brand to the design ergineers during the creation of this design may result In a study that does not correlate to actual field conditions. antenna standoff of 3'Is required from the tower. 197 1 RESOLUTION NO. R24-106 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE 5 AMENDED AND RESTATED ADVANCED METERING INFRASTRUCTURE 6 AGREEMENT WITH SENSUS USA,INC., FOR METER AND METER READING 7 SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, on November 7, 2017, the City Commission approved Resolution No. R17- 11 110 approving an Amended and Restated Advanced Metering Infrastructure Agreement 12 between the City and Sensus USA, Inc., for maintenance of the standardized meter reading 13 equipment, for a five-year term with an automatic 5-year renewal; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 15 the best interests of the citizens and residents of the City of Boynton to approve the First 16 Amendment to the Amended and Restated Advanced Metering Infrastructure Agreement with 17 Sensus USA, Inc., for meter and meter reading services. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 19 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 hereby approves the First Amendment to the 24 Amended and Restated Advanced Metering Infrastructure Agreement with Sensus USA, Inc., for 25 meter and meter reading services, in form and substance similar to that attached as "Exhibit A," 26 and authorizes the City Manager to execute the Amendment, and any ancillary document 27 necessary to implement the Amendment. 28 SECTION 3. The fully executed Amendment shall be retained by the City Clerk as a 29 public record of the City, and a copy shall be provided to Waneya Bryant to forward to Sensus 30 USA, Inc. 31 SECTION 4. This Resolution shall take effect as provided by law. 32 198 33 PASSED AND ADOPTED this 7th day of May 2024. 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 37 Mayor- Ty Penserga 38 V 39 Vice Mayor- Aimee Kelley 40 41 Commissioner -Angela Cruz 42 43 Commissioner - Woodrow L. Hay 44 t/ 45 Commissioner- Thomas Turkin 46 47 VOTE C"0 48 ATTEST: 49 50 51 di' 41 e- J__"""--- 52 52 Mayl:e ill Jesus, MP', MMC Ty - a' rga 53 City le M. •r 54 OgNTON 8 %%, 55 Q ;QORATE _--- y,-. ‘1 APPROVED AS TO FORM: 56 f: A '001i 57 (Corporate Seal) S; G eo° :• J 58 Ail& Li g 59 I %\ F1-p\/ Shawna G. Lamb 60 City Attorney 199 DocuSign Envelope ID:65B7FF27-90CB-469E-9756-1OFF6ABF9D5F sEnsus a xylem brand FIRST AMENDMENT TO THE AMENDED AND RESTATED ADVANCED METERING INFRASTRUCTURE(AMI)AGREEMENT First Amendment`) This First Amendment is made this / " day of 2024 ("Amendment Effective Date"), by and between Sensus USA Inc..a corporation of the State of Delaware with offices at 637 avis Drive, Morrisville. North Carolina 27560("Sensus"), and City of Boynton Beach.a city formed in the State of Florida, ("Customer"). WHEREAS, Sensus and Customer entered into an Amended and Restated Advanced Metering Infrastructure(AMI)Agreement on December 5,2017("Agreement");and WHEREAS,the parties desire to amend the Agreement according to the terms and conditions in this First Amendment. NOW THEREFORE,in consideration of the mutual covenants.terms.and conditions set forth in this First Amendment,the parties hereto mutually covenant and agree to amend the Agreement as follows: 1. Defined Terms. Any terms used in this First Amendment as defined terms. and which are not defined herein, shall have the meanings given to those terms in the Agreement. 2. Term. The paragraph directly above the signature blocks on the first page of the Agreement outlining the Term of the Agreement is amended and replaced in its entirety with the following: The Agreement shall commence on the Effective Date,which is the date of the last signature below, and continue for five 5)years("Initial Term").At the end of the Initial Term,this Agreement shall automatically renew for a maximum of three(3) additional terms of five(5)years each("Renewal Term").The"Term"shall refer to both the Initial Term any Renewal Term. 3. Pricing. Exhibit C of the Agreement is hereby replaced in its entirety with Exhibit C attached hereto. Pricing Terms remain the same. Equipment shall be ordered by Customer on an as-needed basis by issuing purchase orders. The pricing in Exhibit C represents one-time Equipment purchase prices with contractual not-to-exceed quantities. In addition to the Exhibit C pricing. Sensus will invoice Customer on an annual basis for all SaaS services ordered by Customer and approved in Customer's annual budget. 4. Scope of Work. Exhibit D of the Agreement is hereby replaced in its entirety with Exhibit D attached hereto. 5. Additional Terms.Commencing on the Amendment Effective Date.the following new sections are added to the Agreement: 5.1 Sovereign Immunity. 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. 5.2 Discriminatory Contractor and Scrutinized Companies Lists; Countries of Concern. Sensus 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.Sensus 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. Sensus represents that it is, and for the duration of the Term will remain, in compliance with Section 286.101. Florida Statutes. 5.3 Verification of Employment Eligibility.Sensus represents that Sensus 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 Sensus violates this section,Customer may immediately terminate this Agreement for cause and Sensus shall be liable for all costs incurred by Customer due to the termination. I Page 1 of 24 200 DocuSign Envelope ID:65B7FF27-90CB-469E-9756-1OFF6ABF9D5F sEnsus a xylem brand 5.4 Public Entity Crimes Act.Sensus 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. Sensus 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 Sensus has been placed on the convicted vendor list. 6. Entire Agreement. The Agreement, as amended by this First Amendment, constitutes and contains the entire understanding and agreement of the parties. To the extent that the provisions of this First Amendment are inconsistent with the Agreement, the terms of this First Amendment shall control. Except as expressly amended or modified in this First Agreement, all other terms and conditions of the Agreement shall remain in full force and effect and this First Amendment shall be binding upon the parties. 7. Counterparts. This First 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. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be signed by their respective officers, authorized as of the day and year written above. SENSJJS-1dSAs111i'a br: CITY 0 :OYNTON BEACH BBY:y •— r4EaCE44E43A4A6 y Name:_Mark Newton Name: O1f\t-e\ i Title: VP–Smart Metering Title:`x\ N(`( iali" .0 Date: 5/7/2024 Date: ( )' 0-0 ON et 1 eF,'t% OJ••• ATE •e•• 3° ( •' CITY A1 e RNEY'S IFFICE i O: F,pS Appy . . t. 'nn : s legality Pe : ; By: II 1 • O r S •cey '.Weinger, 1,0 -\\ C-) ; $ Deputy City Attorney F`O I Page 2 of 24 201 sEnsus a xylem brand Exhibit C Pricing Quantity Unit Cost Extended Cost 5/8x3/4"iPERL,Single Port Endpoint,&10,480 $229.08 $ 2,400,758.40 5/8x3/4"iPERL out of warranty 11,624 $245.00 $ 2,847,880.00 1"iPERL,Single Port Endpoint,&Installation 4,064 $274.55 $ 1,115,771.20 Assumptions Pricing is valid from the Effective Date of the First Amendment. Year 4 and Year 5 prices are subject to increase based on Producer Price Index(PPI) This proposal is procurement the iPERL meter,Sensus endpoint,and installation of new devices Installation includes data exchange file with Boynton Beach's CIS system Installation includes deactivation existing endpoint and reactivation with new endpoint Installation inclues collection of final read and new read with photo documentation Installation does not include plumbing,meter box or lid replacement,nor raising or lower existing meter set(Pricing can be provided seperately) Gate Valve Extended Price Install Only (Install and Description Quantity UOM Unit Price($) Install Unit$ Cost($) Meters) 3 OMNI+C2 Full Meter and Endpoint 33 EA $ 1,626.94 $ 770.00 $ 440.00 $ 79,099.02 3"OMNI C2 Measuring Chamber and Endpoint 6 EA $ 1,221.70 $ 660.00 $ 440.00 $ 11,290.20 4 OMNI+C2 Full Meter and Endpoint 18 EA $ 2,755.74 $ 990.00 $ 660.00 $ 67,423.32 4"OMNI C2 Measuring Chamber and Endpoint 7 EA $ 1,237.36 $ 770.00 $ 660.00 $ 14,051.52 6 OMNI+C2 Full Meter and Endpoint 16 EA $ 4,690.82 $ 2,090.00 $ 880.00 $ 108,493.12 6"OMNI C2 Measuring Chamber and Endpoint 11 EA $ 2,284.79 $ 990.00 $ 880.00 $ 36,022.69 6"OMNI F2 Measuring Chamber and Endpoint 1 EA $ 2,284.79 $ 990.00 $ 880.00 $ 3,274.79 8"OMNI+C2 Full Meter and Endpoint 7 EA $ 7,519.20 $ 2,750.00 $ 990.00 $ 71,884.40 8"OMNI C2 Measuring Chamber and Endpoint 0 EA $ 2,432.63 $ 1,100.00 $ 990.00 $ 10"OMNI+C2 Full Meter and Endpoint 6 EA $ 9,674.60 $ 3,630.00 $ 1,100.00 $ 79,827.60 10"OMNI+C2 Measuring Chamber and Endpoint 0 EA $ 2,432.63 $ 1,100.00 $ 1,100.00 $ 12"Prop Meter MMP Insert and Endpoint 2 EA $ 3,165.86 $ 4,400.00 $ 1,375.00 $ 15,131.72 14"Prop Meter MMP Insert and Endpoint 1 EA $ 3,570.86 $ 4,400.00 $ 1,375.00 $ 7,970.86 Total Subtotal Quote($) 494,469.24 Confined Space 1 EA $ 550.00 per site per hour T&M Rate 1 EA $ 440.00 rate Assumptions Pricing is valid for for 2 years from the Effective Date of the First Amendment. This proposal is procurement the OMNI meter and Sensus endpoint.**Note installation costs to be provided seperately** Installation includes data exchange file with Boynton Beach's CIS system Installation includes deactivation existing endpoint and reactivation with new endpoint Installation inclues collection of final read and new read with photo documentation Installation does not include plumbing,meter vault or lid replacement,nor raising or lower existing meter set(Pricing to refer to T&M Rate). Gate Valve pricing is Labor Only.Gate Valves products to procured by Boynton Beach. I Page 3 of 24 202 Exhibit D Scope of Work SE ', sus j \,,,PPIONIMMORIFF CITY OF BOYNTON BEACH, FL Any changes to the scope or the requirements of this Project will be processed according to the change management process, which can be found in Appendix A. 203 Warranty Replacemen p PM 1. DOCUMENT OVERVIEW CONTRACT This Scope of Work ("SOW") will become part of the Contract Terms & Conditions, inclusive of all Amendments, for Equipment and Installation Services ("Contract") between Sensus and the City of Boynton Beach project. 1.1 UHSLKI!' I ION This document is intended to set forth the Project Services requirements required to update the meter population within the FlexNet AMI System in accordance with the Contract. The document defines the tasks, responsibilities, and deliverables of Sensus to support this effort of updating of the meter population. 1 .3 DFFINt-rinnp CIS Customer information system. Deployment Phase The period meters purchased under this Contract are installed within the Boynton Beach service territory. End Point (s)Meter (s) or SmartPoint(s) provided under this Contract Project The planned program in relation to the Project Services more specifically set out in this Statement of Work. Project Definition The Project document defining Project framework, roles and Document (PDD) responsibilities, Project processes and a detailed Project plan. Project Team VEPO and SENSUS personnel assigned to the Project and responsible for deliverables as defined herein. Each party will assign their own project manager ("Project Manager") as part of this Project Team. Routes A set of meters grouped together for manual meter reading operations. Return to Utility (RTU) An account in which all meter access commitments were met or an account in which the service or other conditions prohibits the I installation of an end point and the condition is not resolved before I INSTALLER saturates the route which contains the end point. Work Breakdown The Project task list and Project schedule timeframes created to Schedule ("WBS") manage the Project activities. and Project Schedule Work Order System The work order system utilized by VEPO to install end points. 1 d INvr?Irltvr Sensus will include the installation of new equipment within the cost of the equipment shipments. If there is any dispute regarding amounts owed, Sensus and Boynton Beach will work in good faith to resolve them. If no objection is made within ten(10) business days, the invoiced amounts will be deemed accepted by Sensus. Sensus shall pay undisputed invoiced fees within forty-five(45) days after receipt of invoice. Sensus will schedule a monthly reoccurring meeting the first business day of the month with the Sensus Project Manager to review invoicing. If there are any questions, Sensus will work to resolve problems with invoicing. City of Boynton Beach SOW SENSUS Page 5 of 24 204 Warranty Replacemen PM 2. PROJECT OVERVIEW Sensus will work in accordance with the contract to complete the following objectives Water Meter(518x3/4 to 1") and Smartpoint removal and replacement: 26,168 iPerl meters with the highest level of attention paid to quality, schedule, and customer satisfaction. This portion of the project should be completed within 36 months after starting meter changes. Water Meter(3-10") and Smartpoint removal and replacement: 63 OMNI C2 meters with the highest level of attention paid to quality, schedule, and customer satisfaction. This portion of the project should be completed within 6 months after starting meter changes. Valve, confined space, and site work may be needed accordingly and will be priced separately. Water Meter Chamber(3-10")and Smartpoint removal and replacement: 25 OMNI C2 meter chambers with the highest level of attention paid to quality, schedule, and customer satisfaction. This portion of the project should be completed within 6 months after starting meter changes. Valve, confined space, and site work may be needed accordingly and will be priced separately. Sensus and subcontractor will prepare a comprehensive project plan to include all tasks and milestones. If any party wishes to change the project's scope, the Change Form (Appendix A)will be used to begin the change control process. City of Boynton Beach SOW SENSUS Page 6 of 24 205 Warranty Replaceme P 1 Tentative Project Schedule Boynton Bead• i7 S6a: C Boynton Beath 1244 days Mon 4/1/24 Thu 1/4/29 Contract phase 0 days Mon 4/1/24 Mon 4/1/24 1 Notice to proceed received from sent, 0 drys Mon 4/1/24 Mon 4/1/24 3 Receive PO from Utility 0 drys Mon 4/1/24 Mon 4/1/24 Flaming Phase 48 days Mon 4/1/24 Wed 6/5/24 Projat Nick oft panting 35 days Mm 4/1/24 Fri 5/17/24 e 5cnedure Project kick c41 meenn4 9 day0 Mm 4/1/24 Thu 4/11/24 Project kick off presentation 1 day Fri 4/12/24 Fri4/12/14 3 Preliminary schedule 7 days Mm 4/1/24 Tue 4/9/24 le Acceptance ten panning 25 days Mon 4/15/24 Fri 5/17/24 Otda Equipment 48 days Mon 4/1/14 Wed 6/5/14 13 Convector Mobi¢iation 25 days Mon 4/1/24 Fri 5/3114 3; Deployment 1200 days Tue 4/2/24 Mm 11/6/28 39 Final 5yne3n Acceptance Testing(F547) 49 days Tue 11/7/28 Thu 1/4/29 Paye t 3. PROJECT WORK WATER METER AND SMARTPOINT INSTALLATION Project Management and Staffing Sensus' subcontractor will provide a Project Manager for the duration of the project. Work will be coordinated with all resources required, and weekly updates will be provided. Sensus with phone numbers for after-hours emergencies. Sensus will provide a project manager for up to six months to coordinate the initial implementation. iPerl Replacements VEPO METERING will provide the installation equipment, resources, and labor necessary to install the iPerl, OMNI meters, and OMNI meter chambers within the required timeframe with new smartpoints. VEPO METERING will install the following equipment(quantities subject to change if necessary): iPerl 3/4' Short and 1"—26,168 OMNI (3-10"sizes)-63 OMNI Meter Chambers(3-10"sizes)-25 Meter Gaskets Data Interchange A. Sensus' subcontractor is responsible for providing installation files to transfer all field data captured by the technicians, electronically to the City of Boynton Beach billing software. No manual data entry by City of Boynton City of Boynton Beach SOW SENSUS Page 7 of24 206 Warranty Replacem P ) Beach personnel will be required. All uploaded data fields shall be approved by City of Boynton Beach. ie format for the data file uploaded to the City of Boynton Beach CIS Shall be validated by City of Boynton Beach and tested. After testing is complete, City of Boynton Beach signoff on the format going forward. B. Sensus' installation subcontractor shall provide email notifications to the City of Boynton Beach project team indicating when the billing file is ready to be uploaded into the billing system. C. All billing file data will be validated by Sensus' subcontractor and confirmed to be correct before notification is sent to City of Boynton Beach. Analysis includes removed meter information, enter meter information, and high/low flow validation. D. Sensus' subcontractor is responsible for uploading existing City of Boynton Beach customer file into the project Field Service Software. Sensus team will work with City of Boynton Beach and Sensus to coordinate and prioritize work areas and billing routes to be completed. Adjustments to the work scheduled will be discussed during the regularly scheduled project meetings. Sensus' subcontractor Portal will show the overall project progress in the dashboards shown below in Figure 1. However, the dashboards can be adjusted by City of Boynton Beach, as shown in Figure 2, to reflect the progress of a specific billing route or multiple billing routes. This makes it simple for City of Boynton Beach to track the overall project progress or by individual route. FIGURE 1 STATUS COMPLETED DOM. Loe II 11llllllllllll11 1 Mat SdNt 1A31 03/2011 1138 cs naan t tw mz .uxa nxx am. TOW Accounts 14611 Manu01 Completed 64S INCOMPLETE S*Tt10CE CALLS 440"1114 mmoommoo r r = Otumbin0 Conpltbn I32 ` w y vMy.m+tc w FIGURE 2 City of Boynton Beach SOW SENSUS Page 8 of 24 207 Warranty Replacement Project-4.c,', `, __ • i ) I..„• C0342011515 Cycle 101 nriwal'. toe. Casselberry.R-Cycle t 04 Cossebnry Fl Grief 07 Casselberry Ft CKle 1 10 D Casselberry FL Cycle 1 13 3 O Cessrbe,T FL Cycle 1 22 U Caseebnn,FL Cycle 1.25 I 4albti/ P4 Towel A-counts.10,641 P0cernage cnmdetan 64 INC0111101.14k SFAVICE CALLS C Ly IIII/ i 2 Mismatched oaa LOUDOUN 6 WATER 5.57R 1.112 TEF RE4'1.ACC151,C eI MtO1CCT NOTICE Yos.14 IKw weir,,1213,5 as 344W0 Instak40 as pend our panned system-wale Please flush you wafer 650$for one normae below remarry normal water use io repwt any(aurae.oonlac1 VFPO MMamp 877460-8376 REPO City of Boynton Beach SOW SENSUS Page 9 of 24 208 Warranty Replacem E' PM 4TEPO A+ FTFRING ARTURO MOREIRA All vehicles used by installation technicians will be logoed and easily identifiable. All technicians will be in company uniform. E. Digital Work Orders are generated and displayed on the Utility Portal. All required City of Boynton Beach personnel will be provided access to the digital work orders and Utility Portal. Access permissions can be limited based on the type of user profiles and will be defined by the project teams. . All work orders shall contain the following; existing account information from the City of Boynton Beach customer file, new meter, endpoint data, and before and after pictures. This list can be changed if necessary. Sensus' subcontractor shall also make note of any valve failures, leaks, crock standards, damage frames, trip hazards, and any other relevant meters/site state data. Inventory Tracking and Staging A. Sensus' subcontractor shall provide inventory management through the VPie-Field Service Software in conjunction with the Utility Portal. As stated above, all utility personnel requiring access to the Utility Portal will be set up with the appropriate user profile and provided a username and password to access data. The Utility Portal will be available to the City of Boynton Beach team 24 hours a day, 7 days a week during meter installation work. All data will continue to be available to City of Boynton Beach for a period of 90 days after project completion. Access to the data after 120 days can be provided by VEPO with associated fees. B. Sensus' subcontractor will provide a daily CSV export of the installations. The exports will be transferred to an FPT site where City of Boynton Beach will retrieve the files for viewing after 120 days. Sensus and City of Boynton Beach on the file format and frequency. C. Boynton Beach will provide a secure location identified in Exhibit D to secure the area. D. City of Boynton Beach will provide a security camera that will be viewing the location in Exhibit D for enhanced security. 1. Boynton Beach will provide restroom facilities, internet access, and all electricity to complete the project's scope for their installation technicians and project management staff. These facilities will be in a separate location, the space provided for the Connex box storage is not approved for staff day-to-day activities. City of Boynton Beach SOW SENSUS Page 10 of 24 209 Warranty Replacement- E. eplacement E. City of Boynton Beach will provide a location for parking of vehicles as outlined in Appendix D. F. Sensus' subcontractor will provide all necessary equipment for unloading and stacking the inventory in the Connex boxes. G. Field Technicians shall use bar code scanning technology to enter meter and radio endpoint data into VPie Software. As meters and endpoints are marked installed through the field technician's mobile app, they shall be deducted from the inventory levels. H. The Utility Portal with VPle software shall provide real-time inventory management. The location of all meters being installed during project shall be tracked from storage to technician, and to complete installation. The City of Boynton Beach shall be provided the ability to access this information through the Utility Portal 24/7. I. The Utility Portal shall provide a view to the City of Boynton Beach of the product inventory throughout the project. Water meter and endpoint quantities shall be monitored by the Water Utility in real-time through the Utility Portal. J. All inventory will be tracked electronically real time and reconciled physically on a monthly basis. The expectation is that when the final inventory reconciliation occurs there will not be a single meter that VEPO cannot account for, installed, or removed. Any missing meters are the sole responsibility of VEPO. K. Data security- The data in the Utility Portal is secure. The software is built according to OWASP top security risks. Penetration tests are run yearly by 3rd party security firms. All data is encrypted during transmission both for mobile apps and browsers. Proper authorization is required when accessing any resource. The Web application is behind a firewall and IPS and resides on Azure servers, which brings many security constraints by default. The database is not accessible through the internet and all sensitive data is stored as encrypted in the database. Passwords are stored as hashed with salt. The mobile app can only get the data the logged in user is allowed to access, nothing more. VEPO is required to maintain the same levels of data security throughout the project as is outlined above. Meter Exchange Process City of Boynton Beach will provide billing routes, maps, and proposed schedule to minimize any billing impacts. City of Boynton Beach must approve what meters are being changed out and when. City of Boynton Beach will do so in advance to prevent work stoppages. A. Sensus'subcontractor shall provide a cloud-based Utility Portal by secure invitation only, for City of Boynton Beach— with unlimited licenses-to monitor the complete installation process. B. Routing of all installations shall be coordinated with City of Boynton Beach to avoid interruption of billing cycles, schedules, and blackout dates. C. Sensus' subcontractor will change and replace all gaskets on each meter exchanged. D. Sensus' subcontractor shall always attempt to complete a full cycle or route prior to starting another one for efficiency and quality purposes. E. Sensus' subcontractor will provide all gaskets and hardware required for the installation. Lids For an additional charge, Sensus' subcontractor will replace lids at sites where meters are to be exchanged. City of City of Boynton Beach SOW SENSUS Page 1 1 of 24 210 Warranty Repla. 2;me 1 6.1-‘,?) Boynton Beach will provide appropriate inventory of lids to complete this work. Sensus and our subcoiSteror do not expect any meter box work will be needed for the new lids to fit the existing meter boxes. Any locations that require meter box work will be noted and tracked through the VPie field service management software. All noted locations can be reviewed through the VPie Utility Portal. These sites will still have the meter exchange completed; however, the existing lid will be left as is. The proposed meter installation schedule for the project is provided below. Sensus' subcontractor will schedule the meter orders after the acceptance of the SOW. If the orders need to be adjusted, Sensus' subcontractor will work on adjusting as needed. Devices will be shipped to the secured location. Disposal of Replaced Meters and Lids Sensus' subcontractor will return all replaced meters and lids to City of Boynton Beach. City of Boynton Beach will provide a physical location for placement of meters and lids. The area provide can be found in exhibit D. City of Boynton Beach will provide the necessary storage for meters and smartpoints to be returned to Sensus. The City of Boynton Beach will own the old meters and scrap locally. The City of Boynton Beach will send the old endpoints to Sensus' subcontractor to properly recycle the old endpoints. Smartpoint/MXU Replacements Sensus' subcontractor will replace all SmartPoints during meter replacements. If City of Boynton Beach installs devices per the scope of the project with project stock, Sensus' subcontractor will work with the City to identify the quantity and replenish the stock as needed. Customer Service A. Sensus' subcontractor shall employ competent, efficient employees skilled in the work assigned to them. Sensus will provide City of Boynton Beach with a list of names, photo identification, background checks, vehicle information and other required information for the employees performing work. B. City of Boynton Beach employees will be provided access to the site where all water meters are being housed with a representative in attendance. City of Boynton Beach employees shall contact the Sensus' on-site project manager to be given access to the site for inspection. City of Boynton Beach employees shall notify the on-site project manager of an approximate time required for their inspection so project manager can schedule the visit during their regular course of daily work activities. C. Installation technicians will always display in a clear manner, photo identifications. Each photo identification shall have the employee's name. D. All service staff, technicians, drivers and field supervisors will be equipped with smart phones and/or tablets. Electronic and Wireless Communication, through a cellular network, will be utilized by the installation team. E. All installation employees will always dress and act in a professional manner. The Sensus subcontractor, represents Sensus and will do so with the utmost care and attention to detail. All technicians shall have the same color uniforms including shirts, pants, and jackets. Installation logos shall be permanently attached to shirts and jackets. City of Boynton Beach SOW SENSUS Page 12 of 24 211 Warranty Replacement, PM F. Sensus subcontractor vehicles used shall have company logos prominently displayed and have license plates registered with City of Boynton Beach. G. All work shall be performed by competent, skilled personnel, to be conducted in accordance with good trade practices and all applicable codes. H. Sensus' subcontractor shall be responsible for the proper care and protection of the work site, for all materials and articles delivered to the site where the work will be performed, until completion and final acceptance of the work. Sensus shall exercise proper precautions and safety measures in performing the work, which shall be in accordance with all applicable laws, rules, and regulations. Sensus shall be responsible for the protection of all persons and/or property at the location in which the work will take place. I. Sensus' subcontractor shall keep the work site free from unnecessary accumulations of waste materials. Upon the completion of all work, VEPO METERING installers will be instructed to remove all tools, equipment, and surplus materials, as well as all rubbish and waste resulting from the work, Upon the completion of the work, the work area shall be left "broom clean" or its equivalent, to the reasonable satisfaction of City of Boynton Beach. J. Sensus' subcontractor will transfer customer calls unrelated to the meter change out project to City of Boynton Beach customer service. K. Customer calls received after business hour by Sensus' subcontractor will be tracked and report to Sensus' subcontractor and City of Boynton Beach the following business day by 9:00 AM L. Installers will conduct installations between the hours of 8:00 AM and 5:00 PM; Monday — Friday during non-holidays. If work is to be conducted outside the standard operating hours listed above, Sensus will submit a request to the City for approval. Quality Assurance and Control A. Sensus' subcontractor shall provide a data validation team responsible for confirming information from the City of Boynton Beach customer file matches the information field technician finds on location. This shall be accomplished by a data validation team comparing data in field pictures to the data entered by the field technician. The Sensus team will review field pictures provided by the technicians to ensure data entered by the technician matches pictures captured in the field. The data will also be verified by exporting an installed meters report from the Sensus FlexNet RNI. That report is then uploaded to the VPie software and automatically compared to meter data entered for the day to confirm meter I.D.'s and smart point I.D.'s match. Any data mismatches are identified, documented, and corrected by the data validation team. B. Sensus' subcontractor shall be responsible for confirming AMI endpoints successfully communicate back to the head end of the AMI system. This is done by capturing a screenshot of programming handheld device showing a successful programming and attaching it to the work order.AMI endpoint successful communications are further verified by exporting Sensus smart point data from the RNI and matching it to the smart point data in the VPie software as described in the data validation process. City of Boynton Beach SOW SENSUS Page 13 of 24 212 Warranty Repiacemen F C. Sensus' subcontractor shall conduct mandatorymonth)Y workshops incorporating revised safety proce , municipality updates, reinforcing Occupational Safety Health Administrative(OSHA) standards in the field and confined space rules and regulations. D. Field Supervisors shall have 30 hours of Occupational Safety Health Administration (OSHA)training and 8 hours specifically in confined space entry training. E. Field technicians shall have minimally 10 hours of Occupational Safety Health Administration (OSHA) training and 8 hours specifically in confined space entry training Insurance A. Insurance documents can be found in Appendix C. Appendix Name Appendix A Change Request Form Appendix B Change Control Flow _ Appendix C Insurance Information Appendix D Storage Location Appendix E Meter Installation Process City of Boynton Beach SOW SENSUS Page 14 of 24 213 Warranty Replacement ` APPENDIX A: CHANGE REQUEST FOKIv The change request form will be used to adjust or define any change or question as it relates to project scope. Sensus will monitor and track all changes during the weekly project status call. Changes can be initialed during the weekly call or on an as needed basis. Sensus' subcontractor will participate in any steering committee or project status meetings as requested by City of Boynton Beach. Customer Name:CO#: Date Created: Requestor:Date Signed: Client Auth: Date Signed: Contractor Representative: Date Signed: Contract Adm. Auth: Date: Sensus Legal Approval: Date: Send Pricing Summary to Client? Yes No Has contract been signed? Yes No Hardware Changes: Change from Change to Add Qty Item Description Unit Price Qty Item Description Unit Price Comments: Software Changes: Modifications System Licenses Other: Description Unit Price City of Boynton Beach SOW SENSUS Page 15 of 24 214 Warranty Replaceme ` PM Expected Functionality: Implementation Labor and Expense: Billable Non-billable Charge to: Purpose Description Days @ $ Total Labor Per Diem Misc. Total Other Changes: City of Boynton Beach SOW SENSUS Page 16 of 24 215 Warranty Replacement Project - PM APPENDIX B - CHANGE CONTROL FLOW Change Control Process Sensus Sensus Or Determine Change Boynton Beach p. Classification and impact to Initiate Change Order the Project 4, Sensus o. Submitting party assigns Approving Party Analyzes Screens Change Request Request to appropriate change request and Form for preliminary Approving Party personnel __document results approval for analysis 4, Once complete,submit I Reviewing party will Change Request Form to p Approve or dispute Change both parties for approval _ Request findings Submitting party When approved,will process change order City of Boynton Beach SOW SENSUS Page 17 of 24 216 rt Warranty Replacement Project - Sc . .{ rm. APPENDIX C INSURANCE INFORMATION Client.:1667780 v EPOMETE ACORD‘ CERTIFICATE OF LIABILITY INSURANCE CATE!WOG, 31112021 mita CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:Nthe oerft Yoate halon lc at ADDRIPNAL INSURED,the polloylreel mutt hang ADDITIONAL INSURED provision or be endorse]. If SUBROGATION IS WAIVED,subject to the twine and oandlllont or the ponoycertain pollolee may require an endorsement A statement cn this serenoate does not oonter any huh%to the oertllloate sober In lieu of such endoreemerdle). IAMOU_tP kW`T USI insurance Services-Const p'= 516 415-4000 I ,. 877 727-5171 725 RXR Plaza East Tower,7th Floor CAMA. Cr,Pk Uniondale,NY 11556 AffiA[Z IMAMS',ACCOAC013 COY[11ADC AJV.A wsuta A•Great Arnertoan E S S Insurance Cotrpony 37532 AMUR= mom a Itrctone Specialty Inc.Co. 44776 V epo Metering Soutn LLC momc.gear S pring Property and Casuaty Comp 15563 7775 Wind Key Drive Swot,o Traveeerc Casualty Inc Co of Amnsea 19046 Boca Raton.FL 33434 ASUROI C A:URIA r• COVERAGE! CERTIiCATE NUMBER: REVISION MUMMER. I-It I_ ',_ LL,•,11x• InAI 're HAI'.-EE-t) .1t...t[AN.z L1,II0 ULV% .&YE BEENIXXI.A.)TOTFE IPEJR£C NAMED ABOVE FOR DIE PCJIJCT PER.: NUCA EC teilvoTntTA1LHM:t AMY REOUIRELEPI 'Frei OR CONCXTkjNGF ANY cXLITRACTOR OTHER DOCUMENT VAN RESPECT TO Wiet7+ CERTIFICATE MAY BE WAAL;OR MAY PERTAN 'HE II8IJrAN .AFFORDED By THE POLICIES DESCAiBED HEREJN IS BJBJECI i,:: 41 1.4 ' EXCLIADOND AND Cx:e4DTlCNIS OF SUCH P"_t%.:11_ uRTS SHOWN MAY HAVE BEEN REDUCED BY PAD CLASSY. TYPE d INSURANCE A DM SWAP OXY MANNA RIMY CPT POLICY CCP LTII NSA*AVPaaoor•-rrr pelaoorrm 1.414^.; AX CONVOPCIALGENa+n E618527 10,0512020 10!0917021 - auAAoocArltcc s2.00C,3CG Ic waG.MA C X OOC a QR Jitiitam cy '50,000 _ VCD VT.Ant arm tomes $5,000 mos.&a amply $2,000,000 tans Aaaat 0ATP USW APPLIES PTA coffee AmncOA1T s 4,0 OC,000 PoucY ACT LOC realw-Te-DOr IOPAOC :4,000,000 _ MICR f D erromosurumerFr BA4R1408532042G 1010512020 101092021 tc,Ai ;;ts'NO11IA" 31,000.00C X Alf AUTO x • a IRr Pr.en $ 0Wen —t .ED.,_•r P.r.msAlf=01I1 _4iyed r,r, X A[JrOG der X 1171443VMC' mroften o4WOt $ A-TDs OM.'1..arJ..t.r s e U1LAD AE:SJt o0c,r 472281200ALI 101092020 108052021 CACIi OCCLItiner 11.000,000 z CACCIA UAa C_AIIIK4INIX ACCAESSAli 1,000,000 Co I I firrMmOn ss C wOREDIS C'O ATOA CSWK0000057460 1010920201010512021 Isp12rrt I lie`NO=PLOVERS•UAtA+TY mafisoRrroierNTNrSt,rc- TyrY1N r. rAc-• r'uAcco - s1.000,00COtOrTELSOI VACXCWNA itikrohmey hetA D,_rA:r-rArrr`.D'rr s1,000,00C III..ease."N. oracoirr III Or xxcJ,-IG+'e tot. rA:r-r7 r,Law '1,000.000 A Pollution L.tab.E618527 1010512020 101092021 5,000,00015,000,000 1Y-Al Or OPtAATI .=CA,0115.'.t-.:_t:AC_127 1:1 ACAaa:eu i rt.$.'•tu•*1..e•s-Ae.hod Y I. .t ato.a y-M, Tim General Liability policy Includes an automatic Additional insured endorsement that provides Additional Insured status to the Certificate Holder.only when there Is a written contract that requires such status,and only with regard to work performed on behalf of the named Insured CERTIFICATE HOLDER CANCELLATION SaiOuLtJ ANY UI I HE ABUVE tattL icoe u/'l:u;,AI tic.AV L t-LKU tit':.Att.,Xylem THE EIf7NA NU% UAI E 'HON:A .40'AA wit hE 1E114'ENEL It 037 Davis Drive ACCORDANCE VIIrM IHE Pout Pk:.wisiUYs. Morrisville,NC 27560 AMNON C REPRESENTATIVE C 1556,2015 ACORD CORPORATION.Al rights reserved. ACOP 0 25(2C te.03) 1 of 1 Tne ACORD name enc Logo are registered markt of ACORD lU3142985018g0176753 KYBCW City of Boynton Beach SOW SENSUS Page 18 of 24 217 Warranty Replacement •, PM To be determined by City of Boynton Beach personnel. The proposed space for will include the following provided by City of Boynton Beach A fence around the premises to secure the location. Access to City of Boynton Beach Warehouse or additional storage area at Utilities building. Restroom facilities Location to store meters and smartpoints to be returned to Sensus via RMA process. Installation contractor vehicles to park Disposal and drop off location for odd product City of Boynton Beach SOW SENSUS Page 19 of 24 218 Warranty Replacement Project - Sfl1N se : 1'Mj City of Boynton Beach SOW SENSUS Page 20 of 24 219 Warranty Replacement Project - sovv-cv riz3, City of Boynton Beach SOW SENSUS Page 21 of 24 220 Warranty Replacement I', Required signatures. Name Area of Representation Signature Date City of Boynton Beach SOW SENSUS Page 22 of 24 221 Warranty Replacement Project - S OPM City of Boynton Beach SOW SENSUS Page 23 of 24 222 Warranty Replacement Project PM City of Boynton Beach SOW SENSUS Page 24 of 24 223 City of Boynton Beach Agenda Item Request Form 7.F Consent Bids and Purchases over $100,000 05/ 7/2024 Meeting Date: 05/ 7/2024 Proposed Resolution No. R24-106- Approve and authorize the City Manager to sign an Amendment to the Amended and Restated Advanced Metering Infrastructure (AMI) with Sensus USA for meter and equipment purchase and labor services for installing water meters. The annual contract cost is negotiated to be increased to $1,500,000. This amendment authorizes the City Manager to sign any ancillary document necessary to implement the amendment. Requested Action: Staff recommends approval of Proposed Resolution No. R24-106. Explanation of Request: On November 7, 2017, the Commission approved a five-year (5) year renewal agreement with Sensus USA for Advance Metering Infrastructure (AMI), which has an additional automatic 5- year renewal. This agreement guarantees superior service level metrics for accurate and timely meter reads for the City’s water meter population. The agreement also allows the City to purchase new meters and meter components from Sensus to add and replace any necessary equipment when and as needed. The City completed a meter change out to include AMI in 2014 and has been using Advance Metering Infrastructure entirely across the utility service area. This hosted system is maintained by Sensus and follows the service level agreement contract metrics. The existing agreement provides for technical support, equipment, and warranties and maintains efficiency standards in meter reading. This amendment, while adding labor costs to replace 15,000 water meters that have reached end of life, also guarantees the same labor and equipment prices for the next five years. It's important to note that the current contract allows the software and hosting costs to increase by 3% on an annual basis, which should be factored into our budget planning. How will this affect city programs or services? 224 The existing AMI system ensures timely reading of meters and allows for timely billing of services that provides revenues for continued Utility operations. Fiscal Impact: Budgeted Attachments: R24-106 Agenda_Item_1483-2023_Resolution_for_Sensus_Amendment__R1_.docx Exhibit A - Boynton Beach_Sensus First Amendment_3.25.2024.docx R17-110.pdf 225 From:Certificate of Insurance To:Odige, Wilsert; Certificate of Insurance Cc:Kornblum, Jeffrey; Edmond, Jeanne; High, Brian Subject:RE: COI - Sensus Date:Thursday, December 4, 2025 4:21:17 PM Attachments:image001.png image002.png image003.png image004.png image005.png The updated certificate is sufficient. Thank you! Steve From: Odige, Wilsert <odigew@bbfl.us> Sent: Thursday, December 4, 2025 10:35 AM To: Certificate of Insurance <COI@bbfl.us> Cc: Kornblum, Jeffrey <KornblumJ@bbfl.us>; Edmond, Jeanne <edmondj@bbfl.us>; High, Brian <highb@bbfl.us> Subject: COI - Sensus Good morning, Please see attached for review, COI – Sensus. Sensus USA, Inc., provides maintenance and services all our water meter reading equipment to provide standardization. Regards, City of Boynton Beach Sailfish Logo Wilsert Odige​​​​ Finance Coordinator Boynton Beach Utilities, Administration City of Boynton Beach 124 E Woolbright Rd.| Boynton Beach, Florida 33435 561-742-6459 odigew@bbfl.us | http://www.boynton-beach.org/ Link to Download MyBoynton App 226 America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 227 228 229 637 Davis Drive Suite 400 Morrisville, NC 27560 USA December 22nd, 2025 City of Boynton Beach, FL Attn: Annalie Holmes 124 E Woolbright Rd Boynton Beach, FL 33435 Dear Ms. Holmes, Please be advised that Sensus Inc. (a Xylem Brand) is the sole manufacturer and provider of Sensus’ products including Water Meters, Meter Reading Systems, Testing Equipment, Software, System Support Programs and Repair Parts. Sensus’ reading technology is a primary licensed communication network that only Sensus products can operate on. Thus, there are not any direct providers that could utilize the existing meter reading platform that Boynton Beach uses to obtain their critical water utility meter reads. Additional justification includes: • Dedicated Boynton Beach meter reading and smart utility network, SaaS Software Agreement, and Billing Interface in 1st year of 5-year renewed contract term in place. • Current read success exceeds contract rates are met. Allows for methodical hardware replacement plan without disruption to system success. • Another provider hardware would necessitate an additional network and billing interface that would incur an expensive, time-consuming integration process. • More than half of the utility is successfully updated. Another provider would have to replace 100% of these meter locations including installation labor. • Sensus Utility Date stores 3 year of hourly interval data that the City can use into Power BI tools to better utilize water consumption data for financial and water operational purposes. • The City is starting the process of implementing remote turn-on services. Sensus Ally meter and Endpoint are needed to provide this service to enhance the Meter-to-Cash experience for the City. • Smart Utility capability options are available currently to source water distribution leaks, address wastewater challenges, and water quality monitoring. 230 Thank you for your business, and we look forward to continuing to provide you with quality products and services for the foreseeable future. Sincerely, Mark Newton Vice President, Sensus North America Water 231 City of Boynton Beach Agenda Item Request Form 7.D Consent Bids and Purchases 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Resolution No. R26-034- Ratifying the approval of Change Order No. 2 and No. 3 to the Professional Service Agreement with Koa Hills Consulting LLC, and approving the expenditure increase in an amount not to exceed $275,000, for data cleansing and validation services, and authorizing the City Manager to execute all future necessary documents. Requested Action: Staff recommends approval of Proposed Resolution No. R26-034. Explanation of Request: The City is moving from its legacy Naviline system to Workday as part of a broader Enterprise Resource Planning (ERP) modernization effort. A transition of this scale depends on data that is accurate, reliable, and fully validated which presents a challenge, as Naviline accumulated significant data quality issues over time. Years of workarounds, system customizations, and inconsistent data entry practices kept daily operations running but gradually drifted from industry standards, leaving behind a trail of duplicated records, formatting inconsistencies, and incomplete data fields. Industry standards strongly recommend cleansing and validating data before any system migration. Migrating legacy data puts system performance, reporting accuracy, and integration reliability at risk, and errors that go unaddressed before go-live typically cost three to five times more to fix afterward. To support this effort, the Innovative Technology Department (ITS) engaged KOA Hills for data conversion assistance through a professional services agreement. The initial agreement was set at $57,000 and approved by the City Manager. As the project evolved, ITS identified the need for additional services and requested Change Order No. 1, which brought the total to just under the $75,000 Commission approval threshold. As the project advanced, two additional change orders were necessary, both of which pushed the contract beyond the $75,000 Commission approval threshold. To maintain project momentum, the City Manager's Office approved both changes. Per the City's Procurement Policy, however, Commission ratification is required for contracts exceeding that threshold — and that ratification is what is being sought here. Looking ahead and taking a more proactive approach to project planning, staff is requesting City Commission approval to engage KOA Hills for up to $275,000 — billed at $190 per hour 232 — to support the project through completion. By securing this approval now, the City can avoid incremental change orders and ensure the resources needed for a successful Workday transition are in place without interruption. These services are essential to a smooth migration and to maximizing the City's return on its ERP modernization investment. This contract and purchase was procured through the Consultant and Professional Services Procurement Exemption of the City’s Procurement Policy. Contracts for the service of professionals or consultants requiring specialty training in the arts or sciences and/or requiring holding professional licenses or certificates, including but not limited to the practice of law, certified public accountants, or actuaries, management consulting, medicine, real estate appraisal, or other areas of expertise as determined by the city manager or designee to be in the best interest of the city, and not otherwise subject to the requirements of F.S. § 287.055, as amended, may be entered into without competitive bidding; however, qualifications, work history, and other relevant data shall be reviewed before entering into such contracts. How will this affect city programs or services? The proposal directly supports the City’s ERP modernization initiative, which is critical for improving efficiency and service delivery citywide. By ensuring clean, validated data during the transition from the legacy Naviline system to Workday, the City will: Enhance Operational Accuracy Improve Service Delivery Reduce Long-Term Costs Support Compliance and Governance Account Line Item and Description: Change orders will need to be processed to fund the existing purchase order. The accounts include the Utilities General CIP Fund account 403- 5000-533-46-91 and the ITS Software Maintenance account 001-1510-513-46-91. Fiscal Impact: The total cost is not to exceed $275,000, funded from the ITS REPAIR/MAINTENANCE SRVS. / SOFTWARE MAINTENANCE account. This proactive investment mitigates significant post-implementation risks and reduces long-term operations costs, maximizing return on the Workday investment. Attachments: R26-034 Agenda_Item_4315-2026_Resolution_for_Koa_Hills.docx Exhibit A to Resolution - Change Order 2 and 3.pdf fully executed agmt.pdf CO #1.pdf 233 RESOLUTION NO. R26-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, RATIFYING THE APPROVAL OF CHANGE ORDER NO. 2 2 AND NO. 3 TO THE PROFESSIONAL SERVICE AGREEMENT WITH KOA 3 HILLS CONSULTING LLC, AND APPROVING THE EXPENDITURE 4 INCREASE IN AN AMOUNT NOT TO EXCEED $275,000, FOR DATA 5 CLEANSING AND VALIDATION SERVICES, AND AUTHORIZE THE CITY 6 MANAGER TO EXECUTE ALL FUTURE NECESSARY DOCUMENTS; AND 7 FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City is moving from its legacy Naviline system to Workday as part of a 10 broader Enterprise Resource Planning (“ERP”) modernization effort. A transition of this scale 11 depends on data that is accurate, reliable, and fully validated, which presents a challenge, as 12 Naviline accumulated significant data quality issues over time. Years of workarounds, system 13 customizations, and inconsistent data entry practices kept daily operations running but gradually 14 drifted from industry standards, leaving behind a trail of duplicated records, formatting 15 inconsistencies, and incomplete data fields; and 16 WHEREAS, industry standards strongly recommend cleansing and validating data before 17 any system migration. Migrating legacy data puts system performance, reporting accuracy, and 18 integration reliability at risk, and errors that go unaddressed before going live typically cost three 19 to five times more to fix afterward; and 20 WHEREAS, to support this effort, the Innovative Technology Department (“ITS”) engaged 21 Koa Hills Consulting LLC (“Services Provider”) for data conversion assistance through a 22 professional services agreement. The initial agreement was set at $57,000 and approved by the 23 City Manager. As the project evolved, ITS identified the need for additional services and requested 24 Change Order No. 1, which brought the total to just under the $75,000 Commission approval 25 threshold; and 26 WHEREAS, as the project advanced, two additional change orders were necessary, both 27 of which pushed the contract beyond the $75,000 Commission approval threshold. To maintain 28 project momentum, the City Manager's Office approved both changes. Per the City's Procurement 29 Policy, however, Commission ratification is required for contracts exceeding that threshold — and 30 that ratification is what is being sought here; and 31 WHEREAS, looking ahead and taking a more proactive approach to project planning, staff 32 234 RESOLUTION NO. R26-034 is requesting City Commission approval to engage the Service Provider for up to $275,000 — 33 billed at $190 per hour — to support the project through completion. By securing this approval 34 now, the City can avoid incremental change orders and ensure the resources needed for a 35 successful Workday transition are in place without interruption. These services are essential to a 36 smooth migration and to maximizing the City's return on its ERP modernization investment; and 37 WHEREAS, this contract and purchase were procured through the Consultant and 38 Professional Services Procurement Exemption of the City’s Procurement Policy. Contracts for the 39 service of professionals or consultants requiring specialty training in the arts or sciences and/or 40 requiring holding professional licenses or certificates, including but not limited to the practice of 41 law, certified public accountants, or actuaries, management consulting, medicine, real estate 42 appraisal, or other areas of expertise as determined by the city manager or designee to be in the 43 best interest of the city, and not otherwise subject to the requirements of F.S. § 287.055, as 44 amended, may be entered into without competitive bidding; however, qualifications, work history, 45 and other relevant data shall be reviewed before entering into such contracts; and 46 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 47 best interests of the City's citizens and residents to ratify the approval of Change Order No. 2 and 48 No. 3 to the Professional Service Agreement with Koa Hills Consulting LLC, and approve the 49 expenditure increase in an amount not to exceed $275,000, for data cleansing and validation 50 services, and authorize the City Manager to execute all future necessary documents. 51 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 53 BEACH, FLORIDA, THAT: 54 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 55 being true and correct and are hereby made a specific part of this Resolution upon adoption. 56 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 57 ratify the approval of Change Order Nos. 2 and 3 to the Professional Service Agreement with Koa 58 Hills Consulting LLC, as further detailed in Exhibit A, attached hereto. 59 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 60 235 RESOLUTION NO. R26-034 approve the expenditure increase in an amount not to exceed $275,000 for data cleansing and 61 validation services. 62 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 63 authorizes the City Manager to execute any ancillary documents as may be necessary to 64 accomplish the purpose of this Resolution. 65 SECTION 5. This Resolution shall take effect in accordance with the law. 66 [SIGNATURES ON THE FOLLOWING PAGE] 67 68 236 RESOLUTION NO. R26-034 PASSED AND ADOPTED this ______________ day of ______________________________ 2026. 69 CITY OF BOYNTON BEACH, FLORIDA 70 YES NO 71 Mayor – Rebecca Shelton _____ _____ 72 73 Vice Mayor – Woodrow L. Hay _____ _____ 74 75 Commissioner – Angela Cruz _____ _____ 76 77 Commissioner – Thomas Turkin _____ _____ 78 79 Commissioner – Aimee Kelley _____ _____ 80 81 VOTE ______ 82 ATTEST: 83 84 _____________________________ ______________________________ 85 Tammy Stanzione, CMC Rebecca Shelton 86 Deputy City Clerk Mayor 87 88 APPROVED AS TO FORM: 89 (Corporate Seal) 90 91 _______________________________ 92 Shawna G. Lamb 93 City Attorney 94 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 Y Ore ETON MEMO To: Daniel Dugger, City Manager f / From: Stacey R. Weinger, Deputy City Attorneys 'Vt/ Date: January , 11) , 2026 Dept. ITS Matter# 26-02021 Re: KOA Hills Consulting LLC; Data Conversion Assistance; Change Order#1 Transmitted herewith is a document that has been reviewed and approved for legal sufficiency. Kindly forward the document. along with this memo, to the City Clerk's Office. The City Manager is authorized to execute the document in accordance with: Resolution No. R24-011; Resolution No. R25-200 Additional Amount: $15,200 Est. Expiration Date: September 30, 2026 To: Office of the City Clerk Please: Ensure the document is signed by the City Manager and dated. Please retain the document as a public record and forward a copy of the fully executed document to: Stephanie Brown, ITS To: Stephanie Brown, ITS Please forward the fully signed document to the other party. 256 A40 KoaH ills CONSULTING Project Change Order 001 Prepared For: Daniel Dugger City Manager City of Boynton Beach 1/8/2026 P.O.Box 310 Data Conversion Assistance Boynton Beach,FL 33425 Description of Change Addition of 80 hours of Data Conversion assistance to the original purchase of 300 hours Reason for Change Additional hours to assist with data conversions Cost Summary Hours Rate Total Data Conversion Assistance 80 190 15,200 Total Cost of Change 15,200 Please confirm your accepta . . :• ':below: Signature Print Nan 4i e• `. onn lf1b/co 4 CITY ATT RNEY'S OFFICE Approve. a to form and legality By: grid(I ._ 257 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Ordinance No. 26-004- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 2, Article I, Section 2 "Types of Land Development Applications;" and Chapter 2, Article II, Section 4.B "Community Design Appeal" to add an administrative approval process; providing for codification; conflicts; severability; and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-004, at second reading. Explanation of Request: Staff is proposing to add an administrative approval process for Community Design Appeal applications when the requests are appropriately mitigated and all associated applications for the applicable project may be administratively approved. All previous Community Design Appeal applications have been required to go to the City Commission and all have been approved. Allowing for an administrative approval process for applicable projects will serve to streamline development approval processes; therefore, reducing the amount of time for applicants. How will this affect city programs or services? No impact. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 26-004 Agenda_Item_4186-2026_Amending_LDR_-_Final (1).docx Staff Report - Community Design Appeal.docx Community Design Appeal LDR Amendment.docx Agenda Item 4186-2026 Business Impact Statement - Proposed Ordinance No. 26-XXX.docx 258 Page 1 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 26-004 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 2, 4 ARTICLE I, SECTION 2 TYPES OF LAND DEVELOPMENT APPLICATIONS; 5 AND CHAPTER 2, ARTICLE II, SECTION 4.B. COMMUNITY DESIGN 6 APPEAL; TO ADD AN ADMINISTRATIVE APPROVAL PROCESS; 7 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Part III “Land Development Regulations,” Chapter 2 “Land Development 12 Process”, Article I, Section 2 “Types of Land Development Applications” and Chapter 2, Article II 13 “Planning and Zoning Division Services,” Section 4.B. “Community Design Appeal,” of the City’s 14 Code of Ordinances currently regulates the procedures and applications for development 15 approval within the City; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 17 the best interest of the citizens and residents of the City to update its regulations regarding the 18 procedures and applications for development approval within the City; and 19 WHEREAS, the Development Department would like to amend the City’s Land 20 Development Regulations to add an administrative approval process for Community Design 21 Appeal applications when the requests are appropriately mitigated and all associated applications 22 for the applicable project are administratively approved; and 23 WHEREAS, the City Commission has determined that this amendment serves the public 24 health, safety, and welfare of the citizens of the City of Boynton Beach; and 25 259 Page 2 of 11 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 26 BOYNTON BEACH, FLORIDA: 27 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 28 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 29 Section 2: The City’s Code of Ordinances, Part III “Land Development Regulations,” 30 Chapter 2 “Land Development Process” is hereby amended to read as follows: 31 PART III LAND DEVELOPMENT REGULATIONS 32 … 33 CHAPTER 2. LAND DEVELOPMENT PROCESS 34 … 35 ARTICLE I. OVERVIEW 36 … 37 Sec. 2. Types of Land Development Applications. 38 A. Table 2-1. Applications by City Departments. 39 Legend: 40 HRPB: Historic Resources Preservation Board 41 P&Z: Planning and Zoning Division 42 P&D: Planning and Development Board 43 CRA: Community Redevelopment Agency 44 CC: City Commission 45 260 Page 3 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) APPROVING AUTHORITY PUBLIC HEARING REQUIRED? ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Standard Applications Annexation Art II, Sec. 2.A. Director of P&Z CC Yes Comprehensive Plan Amendment Text Art. II, Sec. 2.B.2. City Initiated Only Future Land Use Map (FLUM) Art II, Sec. 2.B.3. Director of P&Z CC Yes Conditional Use Art. II, Sec. 2.C. Director of P&Z CC Yes Conditional Use Time Extension Art. II, Sec. 2.C.6. Rezoning Art. II, Sec. 2.D. Director of P&Z CC Yes* Master Plan (New) Art. II, Sec. 2.D.6. Master Plan Modification (Major) Art. II, Sec. 2.D.6.g. 261 Page 4 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) APPROVING AUTHORITY PUBLIC HEARING REQUIRED? Master Plan Modification (Minor) Art. II, Sec. 2.D.6.h. Director of P&Z No Sign Program Art. II, Sec. 2.E. Director of P&Z Director of P&Z No Site Plan Review Art. II, Sec. 2.F. Director of P&Z CC Yes* Site Plan Time Extension Art. II, Sec. 2.F.6. Site Plan Modification (Major) Art. II, Sec. 2.F.7. Site Plan Modification (Minor) Director of P&Z No Vacation and Abandonment Art. II, Sec. 2.G. Director of P&Z CC Yes* Planned Industrial Development (PID) Applications Master Site Plan (New) PID Zoning District Only Art. II, Sec. 3.A. Director of P&Z CC Yes Master Site Plan Modification, Major Art. II, Sec. 3.A.6. 262 Page 5 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) APPROVING AUTHORITY PUBLIC HEARING REQUIRED? Master Site Plan Modification, Minor Director of P&Z No Technical Site Plan (New) PID Zoning District Only Art. II, Sec. 3.B. Director of P&Z Director of P&Z No Technical Site Plan Modification, Major Art. II, Sec. 3.B.6. Technical Site Plan Modification, Minor Waiver Art. II, Sec. 3.C. Director of P&Z CC Yes Relief Applications Administrative Adjustment Art. II, Sec. 4.A. Director of P&Z Director of P&Z No Community Design Appeal Art. II, Sec. 4.B. Director of P&Z CC Yes Director of P&Z (For administratively approved projects as outlined in Chapter 2, Article II, Section 4.B Community Design Appeal) No (For administratively approved projects as outlined in Chapter 2, Article II, Section 4.B Community Design Appeal) 263 Page 6 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) APPROVING AUTHORITY PUBLIC HEARING REQUIRED? Height Exception Art. II, Sec. 4.C. Director of P&Z CC Yes Reasonable Accommodation Art. II, Sec. 4.F. Director of P&Z Director of P&Z No Variance to Land Development Regulations Art. II, Sec. 4.D. Director of P&Z CC Yes* Waiver Art. II, Sec. 4.E. Director of P&Z See Site Plan Review See Site Plan Review Permit Applications Sign Permit Art. II, Sec. 5.A. Director of P&Z Director of P&Z No Zoning Permit Art. II, Sec. 5.B. Director of P&Z Director of P&Z No Historic Preservation Certificate of Appropriateness Art. II, Sec. 6.A. Director of P&Z HRPB Yes Historic District or Properties Designation Art. II, Sec. 6.B. Director of P&Z CC Yes* Historic Preservation Property Tax Art. II, Sec. 6.C. Director of P&Z CC Yes 264 Page 7 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) APPROVING AUTHORITY PUBLIC HEARING REQUIRED? Exemption Application Other Applications Certificate of Conformity Art. II, Sec. 7.A. Director of P&Z Director of P&Z No Lot Line Modification Art. II, Sec. 7.B. Director of P&Z Director of P&Z No Mobile Vendor Approval Art. II, Sec. 7.C. Director of P&Z Director of P&Z No Mobile Vendor Assembly Art. II, Sec. 7.C. See Special Events See Special Events No Modification to Development Order Art. II, Sec. 7.D. Director of P&Z CC Yes Sidewalk Café Approval Art. II, Sec. 7.E. Director of P&Z CC No Zoning Verification Letter Art. II, Sec. 7.G. Director of P&Z Director of P&Z No 46 … 47 ARTICLE II. PLANNING AND ZONING DIVISION SERVICES 48 … 49 Sec. 4. Relief Applications. 50 265 Page 8 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. … 51 B. Community Design Appeal. 52 1. General. 53 a. Purpose and Intent. The purpose of this subsection is to provide a relief process that allows for 54 deviations from specific build-to line requirements of Chapter 3, Article III and any community 55 design standard of Chapter 4 of these Land Development Regulations. The intent of this 56 application process is not to provide a means of circumventing such standards but to allow for 57 flexibility, and alternative ways to meet the intent of the Code to yield high quality design, 58 architectural detail, and visual interest without negative impacts to the subject site or surrounding 59 properties. 60 b. Applicability. This application shall be applicable to any requested deviation from specific build-61 to line requirements of the Mixed-Use Urban Building and Site Regulations (Table 3-4); Urban 62 Commercial District Overlay Zone (Table 3-26); or any community design standard of Chapter 4 63 of these Land Development Regulations. The requested appeal shall be processed concurrent with 64 a site plan unless otherwise determined by the Director of Planning and Zoning or designee. 65 c. Rules. For the purposes of this subsection, a "site plan" shall be construed to include a new site 66 plan, major modification, or minor modification. 67 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this 68 application. 69 3. Review Criteria. In granting relief to any community design standard of Chapter 4, the City 70 Commission justification must find demonstrate that the subject appeal meets the intent of the 71 affected standard, does not diminish its practical application, and that an acceptable development 72 product and/or design will result. The following review criteria shall be used to justify an 73 application for appeal: 74 a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan. 75 b. Whether the proposed request will not significantly detract from the livability or appearance of 76 the city and will be consistent with the established or desired character of the area, or with the 77 redevelopment plan, where applicable. 78 266 Page 9 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. c. On balance, whether the proposed request will be consistent with the purpose of the standard 79 for which a deviation is requested. Granting the request will equally or better meet the purpose 80 of the standard to be appealed. 81 d. Whether the proposed request is intended to save or preserve existing trees or desired flora. 82 (1) Whether the applicant is unable to design or locate proposed buildings, structures, or 83 improvements and preserve the tree(s) and comply with all provisions of these community design 84 standards without causing the applicant undue hardship; and 85 (2) Whether it is not feasible to transplant the trees to another location on the subject site 86 considering the following: 1) shape and dimensions of the real property; 2) location of existing 87 structures and infrastructure improvements; and 3) size, age, health, and species of trees sought 88 to be protected. 89 e. Whether the proposed request will have adverse environmental impacts that cannot be 90 prevented by the imposition of conditions. 91 f. Whether the proposed request will have an adverse impact on property values of abutting or 92 adjacent land. 93 g. Whether the proposed request will seriously reduce the quality or quantity of light and air 94 available to adjacent properties. 95 h. Whether the proposed request is necessary to further the objectives of the city to assist with 96 economic development and business promotion. 97 i. Whether the proposed request meets the purpose and intent of these regulations but conflicts 98 with another site development standard or requirement, including sustainable development and 99 green initiatives. 100 4. Approval Process. An application for community design appeal requires review by the City 101 Commission, or by the Director of Planning and Zoning as outlined below, and shall be processed 102 in accordance with Chapter 2, Article I, Section 3. A Community Design Appeal application may 103 be approved administratively when the requests are appropriately mitigated and all associated 104 applications for the applicable project are administratively approved. 105 267 Page 10 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 5. Expiration. Pursuant to Section 4.B.1.b. above, the community design appeal shall be processed 106 concurrent with a site plan. The approval of an appeal shall remain valid as long as the 107 corresponding site plan approval remains in effect. See Section 2.F.5. above for additional 108 information regarding the expiration and extension of a site plan. 109 … 110 Section 3: Codification. It is the intention of the City Commission of the City of 111 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 112 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 113 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 114 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 115 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 116 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 117 or invalid part shall be considered as eliminated and in no way affecting the validity of the other 118 provisions of this Ordinance. 119 Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or 120 parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such 121 conflict. 122 Section 6: Effective Date. That this Ordinance shall take effect immediately 123 upon passage. 124 Signatures Page to Follow 125 268 Page 11 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2026. 126 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 127 CITY OF BOYNTON BEACH, FLORIDA 128 YES NO 129 130 Mayor – Rebecca Shelton _____ _____ 131 132 Vice Mayor – Woodrow L. Hay _____ _____ 133 134 Commissioner – Angela Cruz _____ _____ 135 136 Commissioner – Thomas Turkin _____ _____ 137 138 Commissioner – Aimee Kelley _____ _____ 139 140 VOTE ______ 141 ATTEST: 142 143 144 _____________________________ 145 Maylee DeJesús, MMC Rebecca Shelton 146 City Clerk Mayor 147 148 APPROVED AS TO FORM: 149 (Corporate Seal) 150 151 Shawna G. Lamb 152 City Attorney 153 269 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton and Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Development Director FROM: Kevin Fischer, AICP Planning and Zoning Division Director DATE: February 3, 2026 City Commission Dates: February 17, 2026 & March 3, 2026 REQUEST: Approve amendments to Chapter 2, Article I, Section 2 Types of Land Development Applications; and Chapter 2, Article II, Section 4.B Community Design Appeal to add an administrative approval process. ________________ OVERVIEW Staff is proposing to add an administrative approval process for Community Design Appeal applications when the requests are appropriately mitigated and all associated applications for the applicable project are administratively approved. EXPLANATION & PROPOSED AMENDMENT The existing Land Development Regulations require that all applications for a Community Design Appeal must be approved by the City Commission at a public hearing. The Community Design Appeal is a relief application to “provide a relief process that allows for deviations from specific build-to line requirements of Chapter 3, Article III and any community design standard of Chapter 4 of these Land Development Regulations. The intent of this application process is not to provide a means of circumventing such standards but to allow for flexibility, and alternative ways to meet the intent of the Code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties.” The proposed amendments would add an administrative approval option for applications that include requests which are appropriately mitigated and all associated applications for the applicable project are administratively approved by staff. This will allow for a more streamlined process to keep the approvals at the same level, either administratively by staff or by the City Commission based upon the specific project. CONCLUSION/RECOMMENDATION Staff recommends APPROVAL of the subject amendments to the Community Design Appeal section of the Land Development Regulations. 270 Proposed Ordinance No. 25-XXX- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Chapter 2, Article I, Section 2 Types of Land Development Applications; and Chapter 2, Article II, Section 4.B Community Design Appeal to add an administrative approval process; providing for codification; conflicts; severability; and an effective date. Sec. 2. Types of Land Development Applications. A. Table 2-1. Applications by City Departments. Legend: HRPB: Historic Resources Preservation Board P&Z: Planning and Zoning Division P&D: Planning and Development Board CRA: Community Redevelopment Agency CC: City Commission APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) AP PROVING AUTHORITY PUBLIC HEARING REQUIRED? ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Standard Applications Annexation Art II, Sec. 2.A. Director of P&Z CC Yes Comprehensive Plan Amendment Text Art. II, Sec. 2.B.2. City Initiated Only Future Land Use Map (FLUM) Art II, Sec. 2.B.3. Director of P&Z CC Yes Conditional Use Art. II, Sec. 2.C. Director of P&Z CC Yes 271 APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) AP PROVING AUTHORITY PUBLIC HEARING REQUIRED? Conditional Use Time Extension Art. II, Sec. 2.C.6. Rezoning Art. II, Sec. 2.D. Director of P&Z CC Yes* Master Plan (New) Art. II, Sec. 2.D.6. Master Plan Modification (Major) Art. II, Sec. 2.D.6.g. Master Plan Modification (Minor) Art. II, Sec. 2.D.6.h. Director of P&Z No Sign Program Art. II, Sec. 2.E. Director of P&Z Director of P&Z No Site Plan Review Art. II, Sec. 2.F. Director of P&Z CC Yes* Site Plan Time Extension Art. II, Sec. 2.F.6. Site Plan Modification (Major) Art. II, Sec. 2.F.7. Site Plan Modification (Minor) Director of P&Z No Vacation and Abandonment Art. II, Sec. 2.G. Director of P&Z CC Yes* 272 APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) AP PROVING AUTHORITY PUBLIC HEARING REQUIRED? Planned Industrial Development (PID) Applications Master Site Plan (New) PID Zoning District Only Art. II, Sec. 3.A. Director of P&Z CC Yes Master Site Plan Modification, Major Art. II, Sec. 3.A.6. Master Site Plan Modification, Minor Director of P&Z No Technical Site Plan (New) PID Zoning District Only Art. II, Sec. 3.B. Director of P&Z Director of P&Z No Technical Site Plan Modification, Major Art. II, Sec. 3.B.6. Technical Site Plan Modification, Minor Waiver Art. II, Sec. 3.C. Director of P&Z CC Yes Relief Applications Administrative Adjustment Art. II, Sec. 4.A. Director of P&Z Director of P&Z No Community Design Appeal Art. II, Sec. 4.B. Director of P&Z CC Yes Director of P&Z No 273 APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) AP PROVING AUTHORITY PUBLIC HEARING REQUIRED? (For administratively approved projects as outlined in Chapter 2, Article II, Section 4.B Community Design Appeal) (For administratively approved projects as outlined in Chapter 2, Article II, Section 4.B Community Design Appeal) Height Exception Art. II, Sec. 4.C. Director of P&Z CC Yes Reasonable Accommodation Art. II, Sec. 4.F. Director of P&Z Director of P&Z No Variance to Land Development Regulations Art. II, Sec. 4.D. Director of P&Z CC Yes* Waiver Art. II, Sec. 4.E. Director of P&Z See Site Plan Review See Site Plan Review Permit Applications Sign Permit Art. II, Sec. 5.A. Director of P&Z Director of P&Z No Zoning Permit Art. II, Sec. 5.B. Director of P&Z Director of P&Z No Historic Preservation Certificate of Appropriateness Art. II, Sec. 6.A. Director of P&Z HRPB Yes Historic District or Properties Designation Art. II, Sec. 6.B. Director of P&Z CC Yes* Historic Preservation Property Tax Art. II, Sec. 6.C. Director of P&Z CC Yes 274 APPLICATION TYPE CODE SECTION REVIEWING AUTHORITY (STAFF) AP PROVING AUTHORITY PUBLIC HEARING REQUIRED? Exemption Application Other Applications Certificate of Conformity Art. II, Sec. 7.A. Director of P&Z Director of P&Z No Lot Line Modification Art. II, Sec. 7.B. Director of P&Z Director of P&Z No Mobile Vendor Approval Art. II, Sec. 7.C. Director of P&Z Director of P&Z No Mobile Vendor Assembly Art. II, Sec. 7.C. See Special Events See Special Events No Modification to Development Order Art. II, Sec. 7.D. Director of P&Z CC Yes Sidewalk Café Approval Art. II, Sec. 7.E. Director of P&Z CC No Zoning Verification Letter Art. II, Sec. 7.G. Director of P&Z Director of P&Z No B. Community Design Appeal. 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a relief process that allows for deviations from specific build-to line requirements of Chapter 3, Article III and any community design standard of Chapter 4 of these Land Development Regulations. The intent of this application process is not to provide a means of circumventing such standards but to allow for flexibility, and alternative ways to meet the inte nt of the Code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties. 275 b. Applicability. This application shall be applicable to any requested deviation from specific build-to line requirements of the Mixed-Use Urban Building and Site Regulations (Table 3-4); Urban Commercial District Overlay Zone (Table 3-26); or any community design standard of Chapter 4 of these Land Development Regulations. The requested appeal shall be processed concurrent with a site plan unless otherwise determined by the Director of Planning and Zoning or designee. c. Rules. For the purposes of this subsection, a "site plan" shall be construed to include a new site plan, major modification, or minor modification. 2. Submittal Requirements. See Section 1.D. above for the submittal requirements of this application. 3. Review Criteria. In granting relief to any community design standard of Chapter 4, the City Commission justification must find demonstrate 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. 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 pu rpose 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 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. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions. 276 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. 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. 4. Approval Process. An application for community design appeal requires review by the City Commission, or by the Director of Planning and Zoning as outlined below, and shall be processed in accordance with Chapter 2, Article I, Section 3. A Community Design Appeal application may be approved administratively when the requests are appropriately mitigated and all associated applications for the applicable project may be administratively approved. 5. Expiration. Pursuant to Section 4.B.1.b. above, the community design appeal shall be processed concurrent with a site plan. The approval of an appeal shall remain valid as long as the corresponding site plan approval remains in effect. See Section 2.F.5. above for additional information regarding the expiration and extension of a site plan. 277 Page 1 of 2 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; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III, CHAPTER 2, ARTICLE I, SECTION 2 TYPES OF LAND DEVELOPMENT APPLICATIONS; AND CHAPTER 2, ARTICLE II, SECTION 4.B. COMMUNITY DESIGN APPEAL; TO ADD AN ADMINISTRATIVE APPROVAL PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 278 Page 2 of 2 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. 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): Staff is proposing to amend the City’s Land Development Regulations to add an administrative approval process for Community Design Appeal applications when the requests are appropriately mitigated and all associated applications for the applicable project may be administratively approved. 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: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 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 279 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Ordinance No. 26-006- First Reading- Approve the Sara Sims Memorial Cemetery Future Land Use Map Amendment request from MeDR (Medium Density Residential) to PPGI (Public & Private Government/Institutional) consisting of approximately 0.94 acres, located at 201 Northwest 9th Court. Applicant: City of Boynton Beach. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-006, at first reading. Explanation of Request: The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The property seeking the future land use map amendment (FLUM) and rezoning was previously privately owned and held different FLU and zoning designations that would not allow for a cemetery as a use. The FLUM and rezoning are required in order for the expansion to continue. The request is a FLUM from MeDR to PPGI consisting of 0.94 acres. There is a concurrent site plan review for the remaining site, consisting of 2.76 acres. There are 150 child plots and 672 adult plots existing, with a proposal to add 116 child plots and 717 adult plots. There are additional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque, and a flag pole to the northeastern most portion of the site. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2 which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 to 15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to develop in this location, there is also a concurrent application for a Variance to remove the requirement for this type of buffer that would only affect the east, west, and south boundaries of the existing site and have negative effects for the full development of the 280 cemetery. Staff supports the variance as requested, as strict adherence to the requirements of the LDRs would have a negative impact on the overall area for a park and cemetery. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-006 Agenda_Item_4280-2026 Sara_Sims_Memorial_Cemetery_-_FLUM.docx Staff Report-FLUM-Rezoning-Sara Sims Memorial Cemetery.doc Exhibit A - Legal and Sketch.pdf Exhibit B - Existing and Proposed FLUM.pdf Exhibit C - Justification Statement.pdf Exhibit D - Location Map.pdf Agenda Item 4280-2026_Business Impact Estimate.docx 281 ORDINANCE NO. 26-006 1 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 0.94-ACRE PARCEL OF 6 REAL PROPERTY GENERALLY LOCATED AT 201 NORTHWEST 9TH 7 COURT, BY CHANGING THE FUTURE LAND USE CLASSIFICATION 8 FROM MEDIUM DENSITY RESIDENTIAL (MEDR) TO PUBLIC & PRIVATE 9 GOVERNMENT/INSTITUTIONAL (PPGI); 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 and 19 WHEREAS, The City of Boynton Beach has requested an amendment to the Future Land 20 Use Map classification of a parcel of land generally located at 201 Northwest 9th Court (the 21 “Property”) more particularly described in Exhibit “A,” from Medium Desnity Residential (MeDR) 22 to Public & Private Government/Institutional (PPGI); 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 Single and 26 Two-Family Residential (R2) to Public Usage District (PU); and, 27 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; and 29 282 ORDINANCE NO. 26-006 2.19.26 (IG) Page 2 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 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 and 36 WHEREAS, after careful review of the application, staff has determined that the proposed 37 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 38 Florida Statutes; and 39 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; and 41 WHEREAS, the City Commission finds that the proposed Future Land Use Map 42 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 43 and finds it in the best interest of the public to amend the Future Land Use Element of the 44 Comprehensive Plan as hereinafter provided. 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 46 BOYNTON BEACH, FLORIDA: 47 283 ORDINANCE NO. 26-006 2.19.26 (IG) Page 3 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 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 Medium Desnity 51 Residential (MeDR) to Public & Private Government/Institutional (PPGI) for a 0.94-acre parcel 52 generally located at 201 Northwest 9th Court, 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. 64 284 ORDINANCE NO. 26-006 2.19.26 (IG) Page 4 of 10 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) 70 285 ORDINANCE NO. 26-006 2.19.26 (IG) Page 5 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2026. 71 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 72 CITY OF BOYNTON BEACH, FLORIDA 73 YES NO 74 75 Mayor – Rebecca Shelton _____ _____ 76 77 Vice Mayor – Woodrow L. Hay _____ _____ 78 79 Commissioner – Aimee Kelley _____ _____ 80 81 Commissioner – Angela Cruz _____ _____ 82 83 Commissioner – Thomas Turkin _____ _____ 84 85 VOTE ______ 86 ATTEST: 87 88 _____________________________ 89 Tammy Stanzione Rebecca Shelton 90 Deputy City Clerk Mayor 91 92 APPROVED AS TO FORM: 93 (Corporate Seal) 94 95 96 Shawna G. Lamb 97 City Attorney 98 286 ORDINANCE NO. 26-006 2.19.26 (IG) Page 6 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 287 ORDINANCE NO. 26-006 2.19.26 (IG) Page 7 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 288 ORDINANCE NO. 26-006 2.19.26 (IG) Page 8 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 289 ORDINANCE NO. 26-006 2.19.26 (IG) Page 9 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 290 ORDINANCE NO. 26-006 2.19.26 (IG) Page 10 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 291 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning and Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 13, 2026 (City Commission Hearing: March 3, 2026, and March 23, 2026) PROJECT: Sara Sims Memorial Cemetery – (FLUM REZN 2025.10.6783) REQUEST: Approve the Sara Sims Memorial Cemetery Future Land Use Map Amendment requests from MeDR (Medium Density Residential) to PPGI (Public & Private Government/Institutional) and Rezoning from R2 (Single- and Two- Family Residential) to PU (Public Usage District) consisting of approximately 0.94 acres, located at 201 Northwest 9th Court. Applicant: City of Boynton Beach. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Address: 201 Northwest 9th Court Location: Southeast corner of the Martin Luther King Junior Boulevard and North Seacrest Boulevard intersection. Existing Land Use: MeDR (Medium Density Residential) Proposed Land Use: PPGI (Public & Private Government/Institutional) Existing Zoning: R2 (Single- and Two- Family Residential) Proposed Zoning: PU (Public Usage District) Proposed Use: Cemetery Acreage: 0.94 acres 292 Page 2 Sara Sims Memorial Cemetery 2025.10.6783 2 Adjacent Uses: North: Residential, FLUM classification of MeDR (Medium Density Residential) and zoned R2 (Single- and Two- Family Residential. South: Cemetery, FLUM classification of PPGI (Public & Private Government/Institutional) and zoned PU (Public Usage District) East: Commercial, FLUM classification of LRC (Local Retail Commercial) and zoned C2 (Neighborhood Commercial District) West: Recreational, FLUM classification R (Recreation) and zoned REC (Recreation District). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to property owners 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 subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The property seeking the future land use map amendment (FLUM) and rezoning were previously privately owned and held different FLU and zoning designations that would not allow for a cemetery as a use. The FLUM and rezoning are required in order for the expansion to continue. The request is a FLUM from MeDR to PPGI and a rezone from R2 to PU consisting of 0.94 acres. There is a concurrent site plan review for the remaining site, consisting of 2.76 acres. There are 150 child plots and 672 adult plots existing with a proposal to add 116 child plots and 717 adult plots. There are additional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque and flag pole to the northeastern most portion of the site. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2 which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 to 15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to de velop in this location, there is also a concurrent application for a Variance to remove the requirement for this type of buffer that would only affect the east, west, and south boundary of the existing site and have negative affects for the full development of the cemetery. Staff supports the variance as 293 Page 3 Sara Sims Memorial Cemetery 2025.10.6783 3 requested, as strict adherence to the requirements of the LDRs would have a negative impact on the over-all area for a park and cemetery. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review a City initiated Comprehensive Plan amendment and rezoning is listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B.3 and Section 2.D.3., a city-initiated FLUM and rezoning shall at a minimum meet criterion (b) for “Consistency”. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. There is a strong need in the community for additional plots at the cemetery . In order to redevelop the site and allow for the expansion, the FLUM and rezoning are required as the existing zoning does not permit a cemetery as an allowed use. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote , the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM and Rezone is consistent with the purpose and intent of several Comprehensive Plan Future Land Use Element policies, Redevelopment Plans, and Land Development Regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 294 Page 4 Sara Sims Memorial Cemetery 2025.10.6783 4 The established land use pattern in the immediate area is largely an established cemetery and community park. Surrounding area includes commercial, religious institutions, and residential development. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will complement the existing uses of the area as the area. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. There are no negative impacts expected from the development. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposal in question is consistent with surrounding development for further cemetery expansion. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal wou ld further Economic Development Program, but also determine whether the proposal would: (1) 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 (2) Represent a potential decrease in the number of uses with high probable economic development benefits. 295 Page 5 Sara Sims Memorial Cemetery 2025.10.6783 5 As the previous FLU and Zoning designations were residential, the proposal would only add an economic viability for the City as each plot is then sold at a market rate to City residents only. h. 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 mad e, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable fo r commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. As the previous designation was residential, the proposal does not reduce the amount of land available for commercial/industrial development. i. Alternative Sites. Whether there are adequate sites elsewhere in the Cit y for the proposed use in zoning districts where such use is already allowed. As cemeteries require larger plots of land that rarely are developed from a private entity, there are little to no sites that could be suitable as an alternative site. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2 .D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. See ‘Site Plan’ attachment. The proposal largely meets LDR requirements. There is a concurrent request for a variance to remove the six (6) foot concrete wall from the Urban Landscape Buffer Type 2 that would be required between the proposed zoning district and the existing vacant lot currently zoned R2. Staff supports the variance as the applicant is still proposing the required trees and shrubs for the buffer and the wall would not be in harmony with the area. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment, and Rezoning against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has found the proposal to meet the aforementioned criteria. Therefore, 296 Page 6 Sara Sims Memorial Cemetery 2025.10.6783 6 staff recommends that the request be approved. 297 298 299 NW1stStM ar tin L u t h e r K i n g J r B l v d NW1stStN W 9 t h A v e M a r t i n L u t h e r K i n g J r B l v d NSeacrestBlvdNSeacrestBlvdN W 9 th A v e NSeacrestBlvdNSeacrestBlvdN E 9 t h A v e MEDR Existing FLU (MEDR)Existing FLU (MEDR) 0 30 60 90 12015 Feet Legend Site Location Future Land Use LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) RECREATIONAL (R) PUBLIC & PRIVATE GOVERNMENTAL/ INSTITUTIONAL (PPGI)± 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' MEDR 300 NW1stStM ar tin L u t h e r K i n g J r B l v d NW1stStN W 9 t h A v e M a r t i n L u t h e r K i n g J r B l v d NSeacrestBlvdNSeacrestBlvdN W 9 th A v e NSeacrestBlvdNSeacrestBlvdN E 9 t h A v e Proposed FLU (PPGI)Proposed FLU (PPGI) 0 30 60 90 12015 Feet Legend Site Location Future Land Use LOCAL RETAIL COMMERCIAL (LRC) LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre PUBLIC & PRIVATE GOVERNMENTAL/ INSTITUTIONAL (PPGI) RECREATIONAL (R) ± 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' PPGIPPGI 301 City of Boynton Beach Sara Sims Cemetery Future Land Use, Rezoning and a Major Site Plan Amendment with Variance October 9, 2025 On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. is requesting a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment to the existing Sara Sims Cemetery. The subject site is located on southwest corner of the intersection of Mar tin Luther King Boulevard and N. Seacrest Boulevard in the City of Boynton Beach, Florida. The overall request is to increase the number of plots available to the community through both Phase 1 and Phase 2. There are still legal encumbrances on the Phase 2 limits which may take some time to resolveCurrently, the Applicant (the City) is requesting approval of Phase 1 and come forward in the future with Phase 2. Project Narrative The Sara Sims Cemetery exists today and was established in 1957 to serve historically the African American community. The City of Boynton Beach owns the cemetery along with the recreational park bearing the same name to its immediate west. The cemetery serves as green open space and respite for the busy suburban area. It is a cemetery with small ground markings and no vertical headstones. Due to limited capacity at the existing cemetery site, the City is initiating an expansion project to better serve the community’s long-term needs and almost doubling the number of plots. The planned expansion includes pushing out the cemetery boundaries both north and south. To facilitate the northern expansion, the City has acquired multiple residential parcels located along Martin Luther King Jr. Boulevard. The vacated section of NW 9th Avenue already supports and serves the project. The pavement will be extended so as to provide an emergency exit out to Martin Luther King Boulevard while also providing a turnaround spot for typical visitors. A future phase (Phase 2) will involve abandonment of unbuilt right-of-way (College Blvd.) and additional re-zoning and land use changes occurring on the south side to allow for additional lots. The approval of these requests will allow the City to serve the community well into the future. Phase 2 will be part of a future site plan application. 302 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 2 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx This Major Site Plan application also includes a landscape variance to be able to achieve the open space cemetery and CPTED criteria. There is one lone residential vacant lot which remains and will require an incompatible landscape buffer which is inconsistent with a park- like cemetery and in keeping with CPTED criteria. The specifics will follow. Future Phase 2 will also require this variance as parts of the southern area, once road abandonment has occurred, as it abuts existing residential. PHASE NUMBER OF ADULT PLOTS NUMBER OF CHILDREN PLOTS EXISTING CEMETARY 872 150 PHASE 1 EXPANSION 716 116 TOTAL 1588 PLOTS 266 PLOTS PHASE 2 FUTURE EXPANSION 153 0 FUTURE TOTAL 1741 PLOTS 266 PLOTS Site Characteristics: The Sara Sims Cemetery is located south of Martin Luther King Jr. Boulevard, east of North Seacreast Boulevard and adjacent to Sara Sims Park on the west side, an active recreation facility. The parcels under consideration for re-zoning and land use change are 1.) Vacant (west parcel) and 2.) being used for a community fruit tree garden. The area at the intersection of the roadways in the northeast are given over to community identification. This area will generally remain. The current Land Use of the subject site is MR-5 Medium Residential – 5 du/ac and a current Zoning District is RM – Residential Medium Zoning District. Surrounding Property Land Use and Zoning Designations: EXISTING FLU EXISTING ZONING PCN EXISTING USE Subject Site PPGI, MEDR PU, R2 08-43-45-21-40-002-0010 Cemetery plots/vacant North MEDR R2 MULTIPLE PCNS Single family South LDR R3, R1A MULTIPLE PCNS Single Family East MEDR R3 08-43-45-21-07-004-1300 303 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 3 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx EXISTING FLU EXISTING ZONING PCN EXISTING USE West MEDR, R R2, REC 08-43-45-21-40-001-0000 PARK LANDSCAPE VARIANCE Pursuant to Section 2.D of the Boynton Beach, Florida Code of Ordinances, Part III Land Development Regulations (the “Land Development Regulations”) Chapter 2, Article II, this application would seek approval to allow for a reduction in the landscape buffe r in two areas. One would be on the north side surrounding the three sides of the out parcel designated as residential. The other would be the future abandonment area abutting existing residential on the south side. Both would otherwise be required by Section 4 of Part II, Chapter 4, Article II of the Land Development Regulations. These locations require an urban Landscape Buffer (Type 2) which stipulates a minimum buffer width of twelve (12) feet. In addition, it would require a six (6) foot masonry buffer wall. The variance request is for a reduction in the buffer width and elimination of the masonry wall. The proposed site plan, enclosed with this submi ttal, would provide a minimum of 5’ of a landscape buffer strip containing a 3’ hedge with the code required trees. This is a reduction in the width of the strip (Table 4-4. Urban Landscape Buffer (Type 2). 1.) and the opacity from 6’ down to a vegetated 3’ after establishment by the removal of the 6’ wall (Table 4-4. Urban Landscape Buffer (Type 2). 4.). Justification: Since the Cemetery is park-like with open green space and trees in a manicured landscape, there is no need for the strict incompatibility buffer screening. It is an asset, an amenity, to look over a park-like setting. The expansion of the cemetery is an aesthetic benefit for the community as a whole and is a use that is deemed a ‘good neighbor’. The request allows buffering without the solid screening that a wall provides and minimizes the space to maximize the plots, the purpose of a cemeter y. REVIEW CRITERIA FOR THE VARIANCE The landscape code variance request needs to meet criteria as set forth by the Building Board of Adjustments and Appeals. Please find the following responses: a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. Response: The proposed variance request is because the development is a park -like cemetery where there are no buildings or activities which would impact residential use. b) That the special conditions and circumstances do not result from the action or inaction of the applicant. 304 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 4 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The special conditions and circumstances are not the result of action or inaction of the applicant. The applicant has tried to procure all land to minimize the non - conformity and create a unified project. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. Response: The proposed variance would not be setting a precedent as there is only one other cemetery in the City and it has well-defined boundaries. d) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. Response: The proposed variance is the minimum variance that would meet the intent of the code as reflected in this situation. There will be a buffer hedge and the same number of trees. e) That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. Response: The proposed variance, as mentioned in d), still meets the general intent of the code and in no way is detrimental to the public health, safety and general welfare. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS AND REZONING Rezoning Review Criteria – B. PU Public Usage District. As this is a city-initiated rezoning, this application will only need the Criterion b. Consistency for approval of this amendment to the official zoning map processed with or without the FLUM amendment. The other criteria has been address. 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. Response: The proposed Future Land Use Amendment, Rezoning and Major Site Plan Amendment for Sara Sims Cemetery are necessary to support evolving community needs while preserving historical and cultural significance. The Future Land Use Amendment will allow for more appropriate designation aligned with long-term community planning objectives. Rezoning is essential to ensure compatibility with adjacent uses and future development goals. The Major Site Plan Amendment is intended to enhance site functionality while maintaining respect for the cemetery’s historical integrity. 305 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 5 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx b. Consistency: Whether the proposed FLUM amendment and rezoning would be consistent with, promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery align with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. These changes will promote responsible land use while maintaining compatibility with surrounding properties and established community planning goals. The amendment and rezoning are designed to enhance site functionality while respecting historical and cultural significance. By integrating relevant land development regulations and redevelopment strategies, the proposal ensures consistency with adopted po licies regarding land use, infrastructure, and environmental considerations. 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 proposed changes would bring surrounding land into compatibility with the existing cemetery, increasing the greenspace. The subject lots are vacant and do not have any structures on them. Cemeteries as open space are important American Landscapes with their park-like qualities. This cemetery, just to the east of a recreational park, add to the open space to a mid-density residential area bordered by a busy collector road and two local roads. The request is consistent with developed patterns. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. 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 opti ons; or interconnectivity within the project and between adjacent properties. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery support smart growth and sustainability initiatives by promoting a balanced mix of land uses that complement the surrounding area. The proposal is designed to enhance the community’s long-term viability through responsible planning and integration with existing development patterns, allowing for open space. Complementary Land Uses – The amendment will ensure that land uses are compatible with nearby properties and broader community objectives, fostering a cohesive and well- 306 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 6 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx planned urban environment. The proposal considers adjacent land uses to maintain harmony and minimize conflicts. Access to Alternative Modes of Transportation – The plan encourages accessibility by supporting connectivity to existing transportation networks, including pedestrian pathways, bicycle infrastructure, and public transit options. By facilitating multimodal transportation, the proposal aligns with sustainability principles that reduce reliance on single-occupancy vehicles. The cemetery is basically a park, open to the public pedestrian during daylight hours, allowing for safety and visibility over a broad are a, and promoting interconnectivity with various walkways and entries into the cemetery. Interconnectivity Within the Project and Between Adjacent Properties – The amendment ensures a seamless transition between the cemetery site and surrounding areas, enhancing accessibility and movement through interconnected pathways, access points, and thoughtfully designed infrastructure improvements. This approach strengthens community cohesion and supports efficient land use. f. Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery have been carefully assessed to ensure adequate availability of public services and infrastructure. In accordance with Chapter 1, Article VI Concurrency, the request complies with established review criteria regarding capacity and service levels for essential community resources. Key considerations include: Utilities & Infrastructure – The proposal aligns with existing water, sewer, and stormwater management systems, ensuring that adequate facilities are available to support the requested amendments without overburdening municipal resources. Response: There is little to no impact on utilities and infrastructure. Transportation & Accessibility – The site’s connectivity to roadways and transportation networks has been evaluated to ensure compliance with concurrency requirements, supporting efficient traffic flow and access. Response: The road network has not been affected by this project. There is limited traffic impact which would only occur during a burial. Public Safety & Emergency Services – The proposed changes maintain accessibility for emergency services, ensuring continued service delivery for fire protection, law enforcement, and medical response. 307 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 7 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The project improvements improve connectivity within the site and access points. Emergency vehicles now have a clear path in and out of the site. Clear visibility is maintained through picket fences without hedges to meet CPTED criteria. Community Facilities & Resources – The amendment considers proximity to schools, parks, and other public facilities, ensuring compatibility with growth patterns and service availability. Response: There is no impact on community resources for this project. g. Economic Development Benefits for 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 B. Represent a potential decrease in the number of uses with high probable economic development benefits. Response: The request decreases density by 3 single-family units. Concurrency Requirements The Applicant (City) understands that all applications contained herein are subject to the City's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities) would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. There is very minor impact to the City’s facilities with this expansion. Conclusion: On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants is requesting the approval of this application to expand the Sara Sims Cemetery through a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment. This is respectfully submitted by Emily O’Mahoney, FASLA and Patricia Lentini from 2GHO. 308 B oy nton C a n al N W 1 2 t h A v e NW3rdStN W 1 3 t h A v e NW4thStN W 1 1 t h A v e N W 9 t h A v e NW3rdStNW4thStNW5thStN W 8 t h A v e N W 7 t h A v e N W 6 t h A v e B oy nton C a n a l N W 1 1 t h A v e N W 1 1 t h A v eNW1stSt N E 1 2 t h A v e N W 1 2 t h A v e N E 1 1 t h A v e N E 8 t h A v e N W 1 3 t h A v e N W 9 t h A v e N W 9 th A veN E 1 3 t h A v e N E 9 t h A v e M a r t i n L u t h e r K i n g J r B l v d NSeacrestBlvdP oinc iana S tem Elem e n ta r y Sc h o o l C a r o l y n S i m s C o m m u n i t y C e n t e r N W 6 t h A v e N E 7 t h A v e NW1stStNW1stStN E 5 t h A v e N E 6 t h A v e N W 8 t h A v e N W 8 t h A v e N W 8 t h A v e N W 5thCt N W 5 th C tNW2ndStNW 7th A v e NW 7th Ct NSeacrestBlvdNSeacrestBlvdNE1stStNE1stStNE3rdStN E 1 2 t h A v e N E 1 1 t h A v e N E 8 t h A v e N E 8 t h A v e N E 1 3 t h A v e N E 9 t h A v e NRailroadAveM a r t i n L u t h e r K i n g J r B l v d NE1stStNE3rdStNE7th A ve N E 7 t h A v e N E 5 t h A v e N E 6 t h A v e NE 6 t h A v eNRailroadAveSITE Location MapLocation Map 0 170 340 510 68085 Feet Legend A Portion of Parcel B - 201 NW 9TH CT Current City's Boundary Boynton Beach ± 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' 309 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; 1 See Section 166.041(4)(c), Florida Statutes. 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 0.94- ACRE PARCEL OF REAL PROPERTY GENERALLY LOCATED AT 201 NORTHWEST 9TH COURT, BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM MEDIUM DENSITY RESIDENTIAL (MEDR) TO PUBLIC & PRIVATE GOVERNMENT/INSTITUTIONAL (PPGI); 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. 310 Page 2 of 3 ☐ 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. 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): The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The property seeking the future land use map amendment (FLUM) and rezoning were previously privately owned and held different FLU and zoning designations that would not allow for a cemetery as a use. The FLUM and rezoning are required in order for the expansion to continue. The request is a FLUM from MeDR to PPGI and a rezone from R2 to PU consisting of 0.94 acres. 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 311 Page 3 of 3 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 312 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Ordinance No. 26-007- First Reading - Approve the Sara Sims Memorial Cemetery rezoning request from R2 (Single- and Two- Family Residential) to PU (Public Usage District) consisting of approximately 0.94 acres, located at 201 Northwest 9th Court. Applicant: City of Boynton Beach. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-007, at first reading. Explanation of Request: The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The property seeking the future land use map amendment (FLUM) and rezoning was previously privately owned and held different FLU and zoning designations that would not allow a cemetery use. The FLUM and rezoning are required in order for the expansion to continue. The request is a rezoning from R2 to PU consisting of 0.94 acres. There is a concurrent site plan review for the remaining site, consisting of 2.76 acres. There are 150 child plots and 672 adult plots existing, with a proposal to add 116 child plots and 717 adult plots. There are additional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque, and a flag pole to the northeastern most portion of the site. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2, which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 to 15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to develop in this location, there is also a concurrent application for a Variance to remove the requirement for this type of buffer that would only affect the east, west, and south boundary of the existing site and have negative effects for the full development of the cemetery. Staff supports the variance as requested, as strict adherence to the requirements of 313 the LDRs would have a negative impact on the overall area for a park and cemetery. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-007 Agenda_Item_4281-2026_-Sara_Sims_Memorial_Cemetery_-_Rezoning.docx Staff Report-FLUM-Rezoning-Sara Sims Memorial Cemetery.doc Agenda Item 4281-2026_Business Impact Estimate.docx Exhibit A - Legal and Sketch.pdf Exhibit B - Existing and Proposed Zoning Map.pdf Exhibit C - Justification Statement.pdf Exhibit D - Location Map.pdf 314 ORDINANCE NO. 26-007 1 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 0.94-ACRE PARCEL OF REAL PROPERTY 5 LOCATED AT 201 NORTHWEST 9TH COURT, FROM SINGLE AND TWO-6 FAMILY RESIDENTIAL (R2) TO PUBLIC USAGE DISTRICT (PU); 7 DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH 8 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 9 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 10 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; and 14 WHEREAS, the existing area is generally located at 201 Northwest 9th Court (the 15 “Property”), more particularly described in Exhibit “A”; and 16 WHEREAS, The City of Boynton Beach has requested to rezone the property from Single 17 and Two-Family Residential (R2) to Public Usage Residential (PU); and 18 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 19 advertised hearing received testimony and evidence related to the application and found that the 20 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 21 Florida Statutes; and, 22 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 23 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 24 and 25 WHEREAS, after careful review of the application, staff has determined that the proposed 26 rezoning is consistent with an amendment to the Future Land Use Map, which was 27 315 ORDINANCE NO. 26-007 2.18.26 (IG) Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. contemporaneously considered and approved by the City Commisison, complies with the City’s 28 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 29 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 30 which contains data and analysis supporting the rezoning; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 32 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 33 Regulations, and the City Commission deems it to be in the best interest of the public to amend 34 the City’s Zoning Map as further set forth herein. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA: 37 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 38 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 39 Section 2: Decision. The Property described in Exhibit “A” is hereby rezoned from 40 Single and Two-Family Residential (R2) to Public Usage Residential (PU), and the City’s Official 41 Zoning Map shall be amended accordingly. 42 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 43 further authorized to make the necessary changes, as depicted in Exhibit “B,” as required to the 44 City’s Official Zoning Map to reflect the above-stated changes. 45 316 ORDINANCE NO. 26-007 2.18.26 (IG) Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 4: Authorization to Transmit. The City Manager or designee is hereby 46 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 47 provisions of the Community Planning Act, if required. 48 Section 5: Severability. The provisions of this Ordinance are declared to be 49 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 50 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 51 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 52 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 53 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 54 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 55 Section 7: Effective Date. This Ordinance shall take effect immediately upon 56 adoption. 57 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 58 59 317 ORDINANCE NO. 26-007 2.18.26 (IG) Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2026. 60 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 64 Mayor – Rebecca Shelton _____ _____ 65 66 Vice Mayor – Woodrow L. Hay _____ _____ 67 68 Commissioner – Aimee Kelley _____ _____ 69 70 Commissioner – Angela Cruz _____ _____ 71 72 Commissioner – Thomas Turkin _____ _____ 73 74 VOTE ______ 75 ATTEST: 76 77 _____________________________ 78 Tammy Stanzione, CMC Rebecca Shelton 79 Deputy City Clerk Mayor 80 81 APPROVED AS TO FORM: 82 (Corporate Seal) 83 84 85 Shawna G. Lamb 86 City Attorney 87 318 ORDINANCE NO. 26-007 2.18.26 (IG) Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 319 ORDINANCE NO. 26-007 2.18.26 (IG) Page 6 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 320 ORDINANCE NO. 26-007 2.18.26 (IG) Page 7 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 321 ORDINANCE NO. 26-007 2.18.26 (IG) Page 8 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 322 ORDINANCE NO. 26-007 2.18.26 (IG) Page 9 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 323 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning and Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 13, 2026 (City Commission Hearing: March 3, 2026, and March 23, 2026) PROJECT: Sara Sims Memorial Cemetery – (FLUM REZN 2025.10.6783) REQUEST: Approve the Sara Sims Memorial Cemetery Future Land Use Map Amendment requests from MeDR (Medium Density Residential) to PPGI (Public & Private Government/Institutional) and Rezoning from R2 (Single- and Two- Family Residential) to PU (Public Usage District) consisting of approximately 0.94 acres, located at 201 Northwest 9th Court. Applicant: City of Boynton Beach. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Address: 201 Northwest 9th Court Location: Southeast corner of the Martin Luther King Junior Boulevard and North Seacrest Boulevard intersection. Existing Land Use: MeDR (Medium Density Residential) Proposed Land Use: PPGI (Public & Private Government/Institutional) Existing Zoning: R2 (Single- and Two- Family Residential) Proposed Zoning: PU (Public Usage District) Proposed Use: Cemetery Acreage: 0.94 acres 324 Page 2 Sara Sims Memorial Cemetery 2025.10.6783 2 Adjacent Uses: North: Residential, FLUM classification of MeDR (Medium Density Residential) and zoned R2 (Single- and Two- Family Residential. South: Cemetery, FLUM classification of PPGI (Public & Private Government/Institutional) and zoned PU (Public Usage District) East: Commercial, FLUM classification of LRC (Local Retail Commercial) and zoned C2 (Neighborhood Commercial District) West: Recreational, FLUM classification R (Recreation) and zoned REC (Recreation District). PROPERTY OWNER NOTIFICATION A notice of the requests was mailed to property owners 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 subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The property seeking the future land use map amendment (FLUM) and rezoning were previously privately owned and held different FLU and zoning designations that would not allow for a cemetery as a use. The FLUM and rezoning are required in order for the expansion to continue. The request is a FLUM from MeDR to PPGI and a rezone from R2 to PU consisting of 0.94 acres. There is a concurrent site plan review for the remaining site, consisting of 2.76 acres. There are 150 child plots and 672 adult plots existing with a proposal to add 116 child plots and 717 adult plots. There are additional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque and flag pole to the northeastern most portion of the site. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2 which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 to 15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to de velop in this location, there is also a concurrent application for a Variance to remove the requirement for this type of buffer that would only affect the east, west, and south boundary of the existing site and have negative affects for the full development of the cemetery. Staff supports the variance as 325 Page 3 Sara Sims Memorial Cemetery 2025.10.6783 3 requested, as strict adherence to the requirements of the LDRs would have a negative impact on the over-all area for a park and cemetery. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review a City initiated Comprehensive Plan amendment and rezoning is listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B.3 and Section 2.D.3., a city-initiated FLUM and rezoning shall at a minimum meet criterion (b) for “Consistency”. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. There is a strong need in the community for additional plots at the cemetery . In order to redevelop the site and allow for the expansion, the FLUM and rezoning are required as the existing zoning does not permit a cemetery as an allowed use. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote , the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM and Rezone is consistent with the purpose and intent of several Comprehensive Plan Future Land Use Element policies, Redevelopment Plans, and Land Development Regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 326 Page 4 Sara Sims Memorial Cemetery 2025.10.6783 4 The established land use pattern in the immediate area is largely an established cemetery and community park. Surrounding area includes commercial, religious institutions, and residential development. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and Rezoning designations will complement the existing uses of the area as the area. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. There are no negative impacts expected from the development. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposal in question is consistent with surrounding development for further cemetery expansion. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal wou ld further Economic Development Program, but also determine whether the proposal would: (1) 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 (2) Represent a potential decrease in the number of uses with high probable economic development benefits. 327 Page 5 Sara Sims Memorial Cemetery 2025.10.6783 5 As the previous FLU and Zoning designations were residential, the proposal would only add an economic viability for the City as each plot is then sold at a market rate to City residents only. h. 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 mad e, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable fo r commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. As the previous designation was residential, the proposal does not reduce the amount of land available for commercial/industrial development. i. Alternative Sites. Whether there are adequate sites elsewhere in the Cit y for the proposed use in zoning districts where such use is already allowed. As cemeteries require larger plots of land that rarely are developed from a private entity, there are little to no sites that could be suitable as an alternative site. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2 .D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. See ‘Site Plan’ attachment. The proposal largely meets LDR requirements. There is a concurrent request for a variance to remove the six (6) foot concrete wall from the Urban Landscape Buffer Type 2 that would be required between the proposed zoning district and the existing vacant lot currently zoned R2. Staff supports the variance as the applicant is still proposing the required trees and shrubs for the buffer and the wall would not be in harmony with the area. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment, and Rezoning against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has found the proposal to meet the aforementioned criteria. Therefore, 328 Page 6 Sara Sims Memorial Cemetery 2025.10.6783 6 staff recommends that the request be approved. 329 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: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02- 013 TO REZONE AN APPROXIMATELY 0.94-ACRE PARCEL OF REAL PROPERTY LOCATED AT 201 NORTHWEST 9TH COURT, FROM SINGLE AND TWO-FAMILY RESIDENTIAL (R2) TO PUBLIC USAGE DISTRICT (PU); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 330 Page 2 of 3 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. 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): The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The property seeking the future land use map amendment (FLUM) and rezoning were previously privately owned and held different FLU and zoning designations that would not allow for a cemetery as a use. The FLUM and rezoning are required in order for the expansion to continue. The request is a rezoning from R2 to PU consisting of 0.94 acres. 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 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 331 Page 3 of 3 4. Additional information the governing body deems useful (if any): NONE 332 333 334 NW1stStM ar tin L u t h e r K i n g J r B l v d NW1stStN W 9 t h A v e M a r t i n L u t h e r K i n g J r B l v d NSeacrestBlvdNSeacrestBlvdN W 9 th A v e NSeacrestBlvdNSeacrestBlvdN E 9 t h A v e 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' R2 Existing Zoning (R2)Existing Zoning (R2) 0 30 60 90 12015 Feet Legend Site Location Zoning Classification C2 Neighborhood Commercial PU Public Usage R1A Single Family, 6 du/ac R2 Duplex, 10 du/ac R3 Multi Family, 11 du/ ac REC Recreation ± R2 Boynton Beach 335 Proposed Zoning (PU)Proposed Zoning (PU) 0 30 60 90 12015 Feet Legend Site Location Zoning Classification C2 Neighborhood Commercial PU Public Usage R1A Single Family, 6 du/ac R2 Duplex, 10 du/ac R3 Multi Family, 11 du/ ac REC Recreation± PU 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' PU Boynton Beach 336 City of Boynton Beach Sara Sims Cemetery Future Land Use, Rezoning and a Major Site Plan Amendment with Variance October 9, 2025 On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. is requesting a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment to the existing Sara Sims Cemetery. The subject site is located on southwest corner of the intersection of Mar tin Luther King Boulevard and N. Seacrest Boulevard in the City of Boynton Beach, Florida. The overall request is to increase the number of plots available to the community through both Phase 1 and Phase 2. There are still legal encumbrances on the Phase 2 limits which may take some time to resolveCurrently, the Applicant (the City) is requesting approval of Phase 1 and come forward in the future with Phase 2. Project Narrative The Sara Sims Cemetery exists today and was established in 1957 to serve historically the African American community. The City of Boynton Beach owns the cemetery along with the recreational park bearing the same name to its immediate west. The cemetery serves as green open space and respite for the busy suburban area. It is a cemetery with small ground markings and no vertical headstones. Due to limited capacity at the existing cemetery site, the City is initiating an expansion project to better serve the community’s long-term needs and almost doubling the number of plots. The planned expansion includes pushing out the cemetery boundaries both north and south. To facilitate the northern expansion, the City has acquired multiple residential parcels located along Martin Luther King Jr. Boulevard. The vacated section of NW 9th Avenue already supports and serves the project. The pavement will be extended so as to provide an emergency exit out to Martin Luther King Boulevard while also providing a turnaround spot for typical visitors. A future phase (Phase 2) will involve abandonment of unbuilt right-of-way (College Blvd.) and additional re-zoning and land use changes occurring on the south side to allow for additional lots. The approval of these requests will allow the City to serve the community well into the future. Phase 2 will be part of a future site plan application. 337 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 2 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx This Major Site Plan application also includes a landscape variance to be able to achieve the open space cemetery and CPTED criteria. There is one lone residential vacant lot which remains and will require an incompatible landscape buffer which is inconsistent with a park- like cemetery and in keeping with CPTED criteria. The specifics will follow. Future Phase 2 will also require this variance as parts of the southern area, once road abandonment has occurred, as it abuts existing residential. PHASE NUMBER OF ADULT PLOTS NUMBER OF CHILDREN PLOTS EXISTING CEMETARY 872 150 PHASE 1 EXPANSION 716 116 TOTAL 1588 PLOTS 266 PLOTS PHASE 2 FUTURE EXPANSION 153 0 FUTURE TOTAL 1741 PLOTS 266 PLOTS Site Characteristics: The Sara Sims Cemetery is located south of Martin Luther King Jr. Boulevard, east of North Seacreast Boulevard and adjacent to Sara Sims Park on the west side, an active recreation facility. The parcels under consideration for re-zoning and land use change are 1.) Vacant (west parcel) and 2.) being used for a community fruit tree garden. The area at the intersection of the roadways in the northeast are given over to community identification. This area will generally remain. The current Land Use of the subject site is MR-5 Medium Residential – 5 du/ac and a current Zoning District is RM – Residential Medium Zoning District. Surrounding Property Land Use and Zoning Designations: EXISTING FLU EXISTING ZONING PCN EXISTING USE Subject Site PPGI, MEDR PU, R2 08-43-45-21-40-002-0010 Cemetery plots/vacant North MEDR R2 MULTIPLE PCNS Single family South LDR R3, R1A MULTIPLE PCNS Single Family East MEDR R3 08-43-45-21-07-004-1300 338 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 3 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx EXISTING FLU EXISTING ZONING PCN EXISTING USE West MEDR, R R2, REC 08-43-45-21-40-001-0000 PARK LANDSCAPE VARIANCE Pursuant to Section 2.D of the Boynton Beach, Florida Code of Ordinances, Part III Land Development Regulations (the “Land Development Regulations”) Chapter 2, Article II, this application would seek approval to allow for a reduction in the landscape buffe r in two areas. One would be on the north side surrounding the three sides of the out parcel designated as residential. The other would be the future abandonment area abutting existing residential on the south side. Both would otherwise be required by Section 4 of Part II, Chapter 4, Article II of the Land Development Regulations. These locations require an urban Landscape Buffer (Type 2) which stipulates a minimum buffer width of twelve (12) feet. In addition, it would require a six (6) foot masonry buffer wall. The variance request is for a reduction in the buffer width and elimination of the masonry wall. The proposed site plan, enclosed with this submi ttal, would provide a minimum of 5’ of a landscape buffer strip containing a 3’ hedge with the code required trees. This is a reduction in the width of the strip (Table 4-4. Urban Landscape Buffer (Type 2). 1.) and the opacity from 6’ down to a vegetated 3’ after establishment by the removal of the 6’ wall (Table 4-4. Urban Landscape Buffer (Type 2). 4.). Justification: Since the Cemetery is park-like with open green space and trees in a manicured landscape, there is no need for the strict incompatibility buffer screening. It is an asset, an amenity, to look over a park-like setting. The expansion of the cemetery is an aesthetic benefit for the community as a whole and is a use that is deemed a ‘good neighbor’. The request allows buffering without the solid screening that a wall provides and minimizes the space to maximize the plots, the purpose of a cemeter y. REVIEW CRITERIA FOR THE VARIANCE The landscape code variance request needs to meet criteria as set forth by the Building Board of Adjustments and Appeals. Please find the following responses: a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. Response: The proposed variance request is because the development is a park -like cemetery where there are no buildings or activities which would impact residential use. b) That the special conditions and circumstances do not result from the action or inaction of the applicant. 339 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 4 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The special conditions and circumstances are not the result of action or inaction of the applicant. The applicant has tried to procure all land to minimize the non - conformity and create a unified project. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. Response: The proposed variance would not be setting a precedent as there is only one other cemetery in the City and it has well-defined boundaries. d) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. Response: The proposed variance is the minimum variance that would meet the intent of the code as reflected in this situation. There will be a buffer hedge and the same number of trees. e) That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. Response: The proposed variance, as mentioned in d), still meets the general intent of the code and in no way is detrimental to the public health, safety and general welfare. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS AND REZONING Rezoning Review Criteria – B. PU Public Usage District. As this is a city-initiated rezoning, this application will only need the Criterion b. Consistency for approval of this amendment to the official zoning map processed with or without the FLUM amendment. The other criteria has been address. 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. Response: The proposed Future Land Use Amendment, Rezoning and Major Site Plan Amendment for Sara Sims Cemetery are necessary to support evolving community needs while preserving historical and cultural significance. The Future Land Use Amendment will allow for more appropriate designation aligned with long-term community planning objectives. Rezoning is essential to ensure compatibility with adjacent uses and future development goals. The Major Site Plan Amendment is intended to enhance site functionality while maintaining respect for the cemetery’s historical integrity. 340 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 5 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx b. Consistency: Whether the proposed FLUM amendment and rezoning would be consistent with, promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery align with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. These changes will promote responsible land use while maintaining compatibility with surrounding properties and established community planning goals. The amendment and rezoning are designed to enhance site functionality while respecting historical and cultural significance. By integrating relevant land development regulations and redevelopment strategies, the proposal ensures consistency with adopted po licies regarding land use, infrastructure, and environmental considerations. 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 proposed changes would bring surrounding land into compatibility with the existing cemetery, increasing the greenspace. The subject lots are vacant and do not have any structures on them. Cemeteries as open space are important American Landscapes with their park-like qualities. This cemetery, just to the east of a recreational park, add to the open space to a mid-density residential area bordered by a busy collector road and two local roads. The request is consistent with developed patterns. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. 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 opti ons; or interconnectivity within the project and between adjacent properties. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery support smart growth and sustainability initiatives by promoting a balanced mix of land uses that complement the surrounding area. The proposal is designed to enhance the community’s long-term viability through responsible planning and integration with existing development patterns, allowing for open space. Complementary Land Uses – The amendment will ensure that land uses are compatible with nearby properties and broader community objectives, fostering a cohesive and well- 341 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 6 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx planned urban environment. The proposal considers adjacent land uses to maintain harmony and minimize conflicts. Access to Alternative Modes of Transportation – The plan encourages accessibility by supporting connectivity to existing transportation networks, including pedestrian pathways, bicycle infrastructure, and public transit options. By facilitating multimodal transportation, the proposal aligns with sustainability principles that reduce reliance on single-occupancy vehicles. The cemetery is basically a park, open to the public pedestrian during daylight hours, allowing for safety and visibility over a broad are a, and promoting interconnectivity with various walkways and entries into the cemetery. Interconnectivity Within the Project and Between Adjacent Properties – The amendment ensures a seamless transition between the cemetery site and surrounding areas, enhancing accessibility and movement through interconnected pathways, access points, and thoughtfully designed infrastructure improvements. This approach strengthens community cohesion and supports efficient land use. f. Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery have been carefully assessed to ensure adequate availability of public services and infrastructure. In accordance with Chapter 1, Article VI Concurrency, the request complies with established review criteria regarding capacity and service levels for essential community resources. Key considerations include: Utilities & Infrastructure – The proposal aligns with existing water, sewer, and stormwater management systems, ensuring that adequate facilities are available to support the requested amendments without overburdening municipal resources. Response: There is little to no impact on utilities and infrastructure. Transportation & Accessibility – The site’s connectivity to roadways and transportation networks has been evaluated to ensure compliance with concurrency requirements, supporting efficient traffic flow and access. Response: The road network has not been affected by this project. There is limited traffic impact which would only occur during a burial. Public Safety & Emergency Services – The proposed changes maintain accessibility for emergency services, ensuring continued service delivery for fire protection, law enforcement, and medical response. 342 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 7 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The project improvements improve connectivity within the site and access points. Emergency vehicles now have a clear path in and out of the site. Clear visibility is maintained through picket fences without hedges to meet CPTED criteria. Community Facilities & Resources – The amendment considers proximity to schools, parks, and other public facilities, ensuring compatibility with growth patterns and service availability. Response: There is no impact on community resources for this project. g. Economic Development Benefits for 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 B. Represent a potential decrease in the number of uses with high probable economic development benefits. Response: The request decreases density by 3 single-family units. Concurrency Requirements The Applicant (City) understands that all applications contained herein are subject to the City's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities) would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. There is very minor impact to the City’s facilities with this expansion. Conclusion: On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants is requesting the approval of this application to expand the Sara Sims Cemetery through a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment. This is respectfully submitted by Emily O’Mahoney, FASLA and Patricia Lentini from 2GHO. 343 B oy nton C a n al N W 1 2 t h A v e NW3rdStN W 1 3 t h A v e NW4thStN W 1 1 t h A v e N W 9 t h A v e NW3rdStNW4thStNW5thStN W 8 t h A v e N W 7 t h A v e N W 6 t h A v e B oy nton C a n a l N W 1 1 t h A v e N W 1 1 t h A v eNW1stSt N E 1 2 t h A v e N W 1 2 t h A v e N E 1 1 t h A v e N E 8 t h A v e N W 1 3 t h A v e N W 9 t h A v e N W 9 th A veN E 1 3 t h A v e N E 9 t h A v e M a r t i n L u t h e r K i n g J r B l v d NSeacrestBlvdP oinc iana S tem Elem e n ta r y Sc h o o l C a r o l y n S i m s C o m m u n i t y C e n t e r N W 6 t h A v e N E 7 t h A v e NW1stStNW1stStN E 5 t h A v e N E 6 t h A v e N W 8 t h A v e N W 8 t h A v e N W 8 t h A v e N W 5thCt N W 5 th C tNW2ndStNW 7th A v e NW 7th Ct NSeacrestBlvdNSeacrestBlvdNE1stStNE1stStNE3rdStN E 1 2 t h A v e N E 1 1 t h A v e N E 8 t h A v e N E 8 t h A v e N E 1 3 t h A v e N E 9 t h A v e NRailroadAveM a r t i n L u t h e r K i n g J r B l v d NE1stStNE3rdStNE7th A ve N E 7 t h A v e N E 5 t h A v e N E 6 t h A v e NE 6 t h A v eNRailroadAveSITE Location MapLocation Map 0 170 340 510 68085 Feet Legend A Portion of Parcel B - 201 NW 9TH CT Current City's Boundary Boynton Beach ± 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' 344 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Approve request for a Variance from Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 "Urban Landscape Buffer" to remove the requirement of a 6-foot concrete wall within a required buffer, on a property located at 201 Northwest 9th Court, in a PU (Public Utility) zoning district. Applicant: City of Boynton Beach. Requested Action: Staff recommends that the approval be tabled until the second reading of the companion Sara Sims Memorial Cemetery Future Land Use Map Amendment and Rezoning Ordinance. Explanation of Request: The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2 which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 to 15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to develop in this location, there is an application for a Variance to remove the requirement for this type of buffer that would only affect the east, west, and south boundary of the existing site and have negative effects for the full development of the cemetery. Staff supports the variance as requested, as strict adherence to the requirements of LDRs would have a negative impact on the over-all area for a park and cemetery. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: 345 Staff Report - Variance - Sara Sims.docx Exhibit A - Justification Statement.pdf Exhibit B - Site Plan.pdf Exhibit C - Area Affected.pdf Exhibit D - Conditions of Approval.docx Development Order _ ZNCV 2025.10.6783.docx 346 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning and Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 17, 2026 PROJECT: Sara Sims Memorial Cemetery – ZNCV 2025.10.6783 REQUEST: Approve request for a Variance (ZNCV - 2025.10.6783) from Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 “Urban Landscape Buffer” to remove the requirement of a 6 -foot concrete wall within a required buffer, on a property located at 201 Northwest 9 th Court, in a PU (Public Utility) zoning district. Applicant: City of Boynton Beach. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Address: 201 Northwest 9th Court Location: Southeast corner of the Martin Luther King Junior Boulevard and North Seacrest Boulevard intersection. Existing Land Use: MeDR (Medium Density Residential) Proposed Land Use: PPGI (Public & Private Government/Institutional) Existing Zoning: R2 (Single- and Two- Family Residential) Proposed Zoning: PU (Public Usage District) Proposed Use: Cemetery Expansion Acreage: 2.76 acres Adjacent Uses: North: Residential, FLUM classification of MeDR (Medium Density Residential) and zoned R2 (Single- and Two- Family Residential. 347 Page 2 Variance for Sara Sims Memorial Cemetery ZNCV - 2025.10.6783 2 South: Cemetery, FLUM classification of PPGI (Public & Private Government/Institutional) and zoned PU (Public Usage District) East: Commercial, FLUM classification of LRC (Local Retail Commercial) and zoned C2 (Neighborhood Commercial District) West: Recreational, FLUM classification R (Recreation) and zoned REC (Recreation District). PROPERTY OWNER NOTIFICATION Notice of the request was mailed to property owners within 400 feet of the subject property, and signs were posted for the City Commission hearing dates. The applicant has certified compliance with Ordinance Nos. 04-007 and 05-004. BACKGROUND The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The area in question for the FLUM and rezone were previou sly privately owned and held different FLU and zoning designations that would not allow for a cemetery as a use. The re are concurrent applications for a FLUM Modification and Rezone in order for the expansion to continue. The request is a FLUM from MeDR t o PPGI and a rezone from R2 to PU consisting of 0.94 acres. There is also a concurrent site plan review for the remaining site, consisting of 2.76 acres. There are 150 child plots and 672 adult plots existing with a proposal to add 116 child plots and 71 7 adult plots. There are additional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque and flag pole to the northeastern most portion of the site. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2 which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 -15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to develop in this location, the applicant is required to submit for a Variance to remove the requirement for this type of buffer. This would only affect the east, west, and south boundary of the specific lot in question. Staff supports the variance as requested, as strict adherence to the requirements of LDRs would have a negative impact on the over-all area for a park and cemetery. ANALYSIS Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 requires an Urban Landscape Buffer (type 2) between residential projects with contrasting densities or between incompatible zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. This would require the area in red (see Figure 1) to contain the full buffer. The requirement of this buffer would not be 348 Page 3 Variance for Sara Sims Memorial Cemetery ZNCV - 2025.10.6783 3 harmonious with the rest of the design of the cemetery and further the park area to the west. The existing 4-foot iron fence along with a continuous hedge and same number of required trees are still being proposed in lieu of the required buffer. Figure 1: Buffer Location The City Commission has the authority and duty to authorize variance s from the city’s Land Development Regulations (LDRs) that will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the city’s Land Development Regulations (LDR) would result in unnecessary and undue hardship. Approval may be granted as proposed or with conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens’ general welfare; or be denied when not in harmony with the intent and purpose of the Variance application. In evaluating the application, the City Commission shall consider the effects of the proposal on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made. In order to authorize any variance from the city’s Land Development Regulations (LDRs), the applicant must demonstrate that the request meets the following criteria (a -f), pursuant to Part III, Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city’s Land Development Regulations (LDRs). The applicant’s justification and response to these criteria is attached (Exhibit B - Project Description & Justification Statement). 349 Page 4 Variance for Sara Sims Memorial Cemetery ZNCV - 2025.10.6783 4 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 requested variance is necessary for the design of a park-like cemetery to be expanded into adjacent lots. The reason for the request is due to one residential lot that has not been developed and is not expected to be developed as a residential use. b. That the special conditions and circumstances do not result from the actions of the applicant. The boundary line on the south of the vacant lot in question has been adjacent to this zoning and use for numerous years, without a buffer, the request to expand the cemetery for necessary plots is the trigger for the buffer wall. While the action to expand may have brought on the requirement for a buffer, the applicant has tried to procure all the site in order to create a unified development, therefore removing the requirement for a buffer but has been unable to do so. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, buildings, or structures in the same zoning district. The granting of this variance would not confer any special privilege that is denied to other lands, building, or structures as there is only one other cemetery within city limits that could be affected. d. That literal interpretation 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. While the Public Usage zoning designation may not be residential, this a necessary zoning district in order to provide certain facilities and uses to all types of zoning districts and the literal interpretation of non-compatible uses can be argued to an extent of what is incompatible. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. If approved, the applicant still proposes a hedge and same number of trees through this area as depicted on the landscape plans attached. 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 public welfare. If approved, the variance will be in harmony with the general intent and purpose and will not be injurious to the area involved. RECOMMENDATION Staff has reviewed this Variance application against the variance criteria (a-f), pursuant to Part 350 Page 5 Variance for Sara Sims Memorial Cemetery ZNCV - 2025.10.6783 5 III, Chapter 2, Article II, Section 4.D. Variance to Land Development Regulations of the city’s Land Development Regulations (LDRs). Based on the analysis contained herein, staff recommends APPROVAL of this variance request to remove the requirement of a 6-foot concrete wall. 351 City of Boynton Beach Sara Sims Cemetery Future Land Use, Rezoning and a Major Site Plan Amendment with Variance October 9, 2025 On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. is requesting a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment to the existing Sara Sims Cemetery. The subject site is located on southwest corner of the intersection of Mar tin Luther King Boulevard and N. Seacrest Boulevard in the City of Boynton Beach, Florida. The overall request is to increase the number of plots available to the community through both Phase 1 and Phase 2. There are still legal encumbrances on the Phase 2 limits which may take some time to resolveCurrently, the Applicant (the City) is requesting approval of Phase 1 and come forward in the future with Phase 2. Project Narrative The Sara Sims Cemetery exists today and was established in 1957 to serve historically the African American community. The City of Boynton Beach owns the cemetery along with the recreational park bearing the same name to its immediate west. The cemetery serves as green open space and respite for the busy suburban area. It is a cemetery with small ground markings and no vertical headstones. Due to limited capacity at the existing cemetery site, the City is initiating an expansion project to better serve the community’s long-term needs and almost doubling the number of plots. The planned expansion includes pushing out the cemetery boundaries both north and south. To facilitate the northern expansion, the City has acquired multiple residential parcels located along Martin Luther King Jr. Boulevard. The vacated section of NW 9th Avenue already supports and serves the project. The pavement will be extended so as to provide an emergency exit out to Martin Luther King Boulevard while also providing a turnaround spot for typical visitors. A future phase (Phase 2) will involve abandonment of unbuilt right-of-way (College Blvd.) and additional re-zoning and land use changes occurring on the south side to allow for additional lots. The approval of these requests will allow the City to serve the community well into the future. Phase 2 will be part of a future site plan application. 352 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 2 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx This Major Site Plan application also includes a landscape variance to be able to achieve the open space cemetery and CPTED criteria. There is one lone residential vacant lot which remains and will require an incompatible landscape buffer which is inconsistent with a park- like cemetery and in keeping with CPTED criteria. The specifics will follow. Future Phase 2 will also require this variance as parts of the southern area, once road abandonment has occurred, as it abuts existing residential. PHASE NUMBER OF ADULT PLOTS NUMBER OF CHILDREN PLOTS EXISTING CEMETARY 872 150 PHASE 1 EXPANSION 716 116 TOTAL 1588 PLOTS 266 PLOTS PHASE 2 FUTURE EXPANSION 153 0 FUTURE TOTAL 1741 PLOTS 266 PLOTS Site Characteristics: The Sara Sims Cemetery is located south of Martin Luther King Jr. Boulevard, east of North Seacreast Boulevard and adjacent to Sara Sims Park on the west side, an active recreation facility. The parcels under consideration for re-zoning and land use change are 1.) Vacant (west parcel) and 2.) being used for a community fruit tree garden. The area at the intersection of the roadways in the northeast are given over to community identification. This area will generally remain. The current Land Use of the subject site is MR-5 Medium Residential – 5 du/ac and a current Zoning District is RM – Residential Medium Zoning District. Surrounding Property Land Use and Zoning Designations: EXISTING FLU EXISTING ZONING PCN EXISTING USE Subject Site PPGI, MEDR PU, R2 08-43-45-21-40-002-0010 Cemetery plots/vacant North MEDR R2 MULTIPLE PCNS Single family South LDR R3, R1A MULTIPLE PCNS Single Family East MEDR R3 08-43-45-21-07-004-1300 353 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 3 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx EXISTING FLU EXISTING ZONING PCN EXISTING USE West MEDR, R R2, REC 08-43-45-21-40-001-0000 PARK LANDSCAPE VARIANCE Pursuant to Section 2.D of the Boynton Beach, Florida Code of Ordinances, Part III Land Development Regulations (the “Land Development Regulations”) Chapter 2, Article II, this application would seek approval to allow for a reduction in the landscape buffe r in two areas. One would be on the north side surrounding the three sides of the out parcel designated as residential. The other would be the future abandonment area abutting existing residential on the south side. Both would otherwise be required by Section 4 of Part II, Chapter 4, Article II of the Land Development Regulations. These locations require an urban Landscape Buffer (Type 2) which stipulates a minimum buffer width of twelve (12) feet. In addition, it would require a six (6) foot masonry buffer wall. The variance request is for a reduction in the buffer width and elimination of the masonry wall. The proposed site plan, enclosed with this submi ttal, would provide a minimum of 5’ of a landscape buffer strip containing a 3’ hedge with the code required trees. This is a reduction in the width of the strip (Table 4-4. Urban Landscape Buffer (Type 2). 1.) and the opacity from 6’ down to a vegetated 3’ after establishment by the removal of the 6’ wall (Table 4-4. Urban Landscape Buffer (Type 2). 4.). Justification: Since the Cemetery is park-like with open green space and trees in a manicured landscape, there is no need for the strict incompatibility buffer screening. It is an asset, an amenity, to look over a park-like setting. The expansion of the cemetery is an aesthetic benefit for the community as a whole and is a use that is deemed a ‘good neighbor’. The request allows buffering without the solid screening that a wall provides and minimizes the space to maximize the plots, the purpose of a cemeter y. REVIEW CRITERIA FOR THE VARIANCE The landscape code variance request needs to meet criteria as set forth by the Building Board of Adjustments and Appeals. Please find the following responses: a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. Response: The proposed variance request is because the development is a park -like cemetery where there are no buildings or activities which would impact residential use. b) That the special conditions and circumstances do not result from the action or inaction of the applicant. 354 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 4 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The special conditions and circumstances are not the result of action or inaction of the applicant. The applicant has tried to procure all land to minimize the non - conformity and create a unified project. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. Response: The proposed variance would not be setting a precedent as there is only one other cemetery in the City and it has well-defined boundaries. d) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. Response: The proposed variance is the minimum variance that would meet the intent of the code as reflected in this situation. There will be a buffer hedge and the same number of trees. e) That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. Response: The proposed variance, as mentioned in d), still meets the general intent of the code and in no way is detrimental to the public health, safety and general welfare. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS AND REZONING Rezoning Review Criteria – B. PU Public Usage District. As this is a city-initiated rezoning, this application will only need the Criterion b. Consistency for approval of this amendment to the official zoning map processed with or without the FLUM amendment. The other criteria has been address. 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. Response: The proposed Future Land Use Amendment, Rezoning and Major Site Plan Amendment for Sara Sims Cemetery are necessary to support evolving community needs while preserving historical and cultural significance. The Future Land Use Amendment will allow for more appropriate designation aligned with long-term community planning objectives. Rezoning is essential to ensure compatibility with adjacent uses and future development goals. The Major Site Plan Amendment is intended to enhance site functionality while maintaining respect for the cemetery’s historical integrity. 355 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 5 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx b. Consistency: Whether the proposed FLUM amendment and rezoning would be consistent with, promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery align with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. These changes will promote responsible land use while maintaining compatibility with surrounding properties and established community planning goals. The amendment and rezoning are designed to enhance site functionality while respecting historical and cultural significance. By integrating relevant land development regulations and redevelopment strategies, the proposal ensures consistency with adopted po licies regarding land use, infrastructure, and environmental considerations. 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 proposed changes would bring surrounding land into compatibility with the existing cemetery, increasing the greenspace. The subject lots are vacant and do not have any structures on them. Cemeteries as open space are important American Landscapes with their park-like qualities. This cemetery, just to the east of a recreational park, add to the open space to a mid-density residential area bordered by a busy collector road and two local roads. The request is consistent with developed patterns. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. 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 opti ons; or interconnectivity within the project and between adjacent properties. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery support smart growth and sustainability initiatives by promoting a balanced mix of land uses that complement the surrounding area. The proposal is designed to enhance the community’s long-term viability through responsible planning and integration with existing development patterns, allowing for open space. Complementary Land Uses – The amendment will ensure that land uses are compatible with nearby properties and broader community objectives, fostering a cohesive and well- 356 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 6 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx planned urban environment. The proposal considers adjacent land uses to maintain harmony and minimize conflicts. Access to Alternative Modes of Transportation – The plan encourages accessibility by supporting connectivity to existing transportation networks, including pedestrian pathways, bicycle infrastructure, and public transit options. By facilitating multimodal transportation, the proposal aligns with sustainability principles that reduce reliance on single-occupancy vehicles. The cemetery is basically a park, open to the public pedestrian during daylight hours, allowing for safety and visibility over a broad are a, and promoting interconnectivity with various walkways and entries into the cemetery. Interconnectivity Within the Project and Between Adjacent Properties – The amendment ensures a seamless transition between the cemetery site and surrounding areas, enhancing accessibility and movement through interconnected pathways, access points, and thoughtfully designed infrastructure improvements. This approach strengthens community cohesion and supports efficient land use. f. Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery have been carefully assessed to ensure adequate availability of public services and infrastructure. In accordance with Chapter 1, Article VI Concurrency, the request complies with established review criteria regarding capacity and service levels for essential community resources. Key considerations include: Utilities & Infrastructure – The proposal aligns with existing water, sewer, and stormwater management systems, ensuring that adequate facilities are available to support the requested amendments without overburdening municipal resources. Response: There is little to no impact on utilities and infrastructure. Transportation & Accessibility – The site’s connectivity to roadways and transportation networks has been evaluated to ensure compliance with concurrency requirements, supporting efficient traffic flow and access. Response: The road network has not been affected by this project. There is limited traffic impact which would only occur during a burial. Public Safety & Emergency Services – The proposed changes maintain accessibility for emergency services, ensuring continued service delivery for fire protection, law enforcement, and medical response. 357 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 7 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The project improvements improve connectivity within the site and access points. Emergency vehicles now have a clear path in and out of the site. Clear visibility is maintained through picket fences without hedges to meet CPTED criteria. Community Facilities & Resources – The amendment considers proximity to schools, parks, and other public facilities, ensuring compatibility with growth patterns and service availability. Response: There is no impact on community resources for this project. g. Economic Development Benefits for 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 B. Represent a potential decrease in the number of uses with high probable economic development benefits. Response: The request decreases density by 3 single-family units. Concurrency Requirements The Applicant (City) understands that all applications contained herein are subject to the City's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities) would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. There is very minor impact to the City’s facilities with this expansion. Conclusion: On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants is requesting the approval of this application to expand the Sara Sims Cemetery through a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment. This is respectfully submitted by Emily O’Mahoney, FASLA and Patricia Lentini from 2GHO. 358 359 360 EXHIBIT “D” Conditions of Approval Project Name: Sara Sims Memorial Cemetery File number: MSPM-2025.10.6783, ZNCV 2025.07.4717 Reference: March 23, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. Plat of survey boundary received. At the time of permit application, submit current topographic survey in accordance with LDR Ch. 2. Art. III. Sec. 3 X 2. The proposed development of “Future Phase” is subject to right-of-way vacation and abandonment approval in accordance with Chapter 2, Article I, Section 3. X 3. Unless otherwise waived or deemed impractical, all overhead lines along rights-of-way abutting a proposed project within CRA district shall be relocated underground. Where undergrounding is determined to be impractical, a fee in lieu shall be remitted in the amount of Engineer’s Estimate of Cost. X 4. Unless otherwise waived, existing streetlights abutting a proposed project within CRA district shall be replaced with City's pre-approved FPL decorative streetlighting (or approved equivalent). Provide streetlighting and photometric plans along MLK Jr. Blvd. and Seacrest Blvd. in accordance with LDR Ch. 4. Art. VII. Sec. 3.B. X 5. At the time of permit, submit TPS approval letter from Palm Beach County to demonstrate compliance with Palm Beach County Traffic Performance Standards in accordance with Art. VI. Sec. 3.A.7a. X 6. Relocate structures (fence/gate/column/memorial plaza) so as not to encroach proposed 10’ General Utility Easement and existing rights-of-way or provide Removal Agreement Form and Utility Easement Consent Forms from each utility provider. X 361 Sara Sims Memorial Cemetery (MSPM-2025.10.6783) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 7. Illustrate dimensions of temporary parking along NW 9th Court and provide an AutoTurn exhibit to demonstrate adequate fire access is provided in accordance with Art. VI. Sec. 3.A.5., Florida Fire Prevention Code, and Engineering Design Handbook and Construction Standards. 7.1. minimum 20’ unobstructed wide fire access (one-way access may be reduced to minimum 15’ unobstructed width) 7.2. minimum 55’ outside turning radius 7.3. Note: Where required by Fire Marshall, designated fire lanes shall be clearly marked with adequate pavement marking and signage in accordance with the Florida Fire Prevention Code and Engineering Design Handbook and Construction Standards. X 8. The existing ADA parallel parking space along north side of NW 9th Court is currently unrestricted for public access. Relocate gated fence to maintain unrestricted public access or provide a narrative demonstrating how the hours of operation and/or restricted access for the Cemetery do not conflict with ADA parking requirements for Sara Sims Park. X 9. Drainage statement not provided. Submit drainage statement (digitally signed) to outline how the existing site drainage meets or will be modified to accommodate the proposed site improvements (decrease in pervious area greater than 800 sf) in accordance with City and SFWMD criteria for stormwater management of runoff, minimum perimeter berm elevation, and flood protection of roadways. X 10. At the time of permit, submit final Civil Plans to include drainage and stormwater management calculations and GeoTech Report for hydraulic conductivity in accordance with LDR Ch. 2. Art. III. Sec. 3. X 11. Please be advised that additional comments may be forthcoming upon receipt and subsequent review of the requested information/documentation. X 12. Relocate structures (fence/gate/column/memorial plaza) so as not to encroach proposed 10’ General Utility Easement X 362 Sara Sims Memorial Cemetery (MSPM-2025.10.6783) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT and existing rights-of-way or provide Removal Agreement Form and Utility Easement Consent Forms from each utility provider. 13. The existing ADA parallel parking space along north side of NW 9th Court is currently unrestricted for public access. Relocate gated fence to maintain unrestricted public access or provide a narrative demonstrating how the hours of operation and/or restricted access for the Cemetery do not conflict with ADA parking requirements for Sara Sims Park. X PLANNING AND ZONING Comments: 14. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning Division one (1) week prior to the first public hearing. X 15. Approval of the Major Site Plan Modification (MSPM 2025.07.4717) is contingent upon approval of the accompanying request for a Variance (ZNCV 2025.07.4717). X 16. Pursuant to Part III, Chapter 4, Article II, Section 4.B.3.c .(2), Landscape Design and Buffering Standards of the Land Development Regulations, the project shall provide one (1) tree spaced every thirty (30) linear feet on center; and a continuous hedge of three (3) feet in height. X POLICE Comments: None BUILDING Comments: None FIRE 363 Sara Sims Memorial Cemetery (MSPM-2025.10.6783) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT Comments: None CITY COMMISSION CONDITIONS Comments: 364 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sara Sims Memorial Cemetery (ZNCV – 2025.10.6783) APPLICANT: City of Boynton Beach, Public Works Department APPLICANT’S ADDRESS: 100 East Ocean DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 23, 2026 APPROVAL SOUGHT: Request for a Variance (ZNCV - 2025.10.6783) from Part III, Chapter 4, Article II, Section 4.B.3.c.(2) Table 4-4 “Urban Landscape Buffer” to grant approval to not construct the required buffer, located at 128 West Martin Luther King Junior Boulevard, in the PU (Public Utility) zoning district. LOCATION OF PROPERTY: 201 NW 9th Court 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 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 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 notation “Included.” 4. The Applicant’s request is hereby 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 365 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Approve request for a Major Site Plan Modification (MSPM 2025.10.6783) to the Sara Sims Memorial Cemetery project to allow for the proposed cemetery expansion and site improvements, on a 2.76-acre parcel, located at 201 Northwest 9th Court, in the PU (Public Usage) zoning district. Applicant: City of Boynton Beach. Requested Action: Staff recommends that the decision be tabled until the second reading of the companion Sara Sims Memorial Cemetery Future Land Use Map Amendment and Rezoning Ordinance. Explanation of Request: The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The site plan review covers an area of 2.76 acres. There are 150 child plots and 672 adult plots existing, with a proposal to add 116 child plots and 717 adult plots. There are additional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque and flag pole to the northeastern most portion of the site. How will this affect city programs or services? Will increase the number of available burial plots within City limits. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Staff Report - Major Site Plan Modification - Sara Sims.docx Exhibit A - Site Plan.pdf Exhibit B - Justification Statement.pdf Exhibit C - Plat.pdf 366 Exhibit D - Conditions of Approval.docx Exhibit E - Location Map.pdf Development Order _ MSPM 2025.10.6783.docx 367 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning and Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 17, 2026 (City Commission Hearing: March 23, 2026) PROJECT: Sara Sims Memorial Cemetery – MSPM 2025.10.6783 REQUEST: Approve request for a Major Site Plan Modification (MSPM 2025.10.6783) to the Sara Sims Memorial Cemetery project to allow for the proposed cemetery expansion and site improvements, on a 2.76 acre parcel, located at 201 Northwest 9th Court, in the PU (Public Usage) zoning district. Applicant: City of Boynton Beach. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Address: 201 Northwest 9th Court Location: Southeast corner of the Martin Luther King Junior Boulevard and North Seacrest Boulevard intersection. Existing Land Use: MeDR (Medium Density Residential) Proposed Land Use: PPGI (Public & Private Government/Institutional) Existing Zoning: R2 (Single- and Two- Family Residential) Proposed Zoning: PU (Public Usage District) Proposed Use: Cemetery Expansion Acreage: 2.76 acres Adjacent Uses: North: Residential, FLUM classification of MeDR (Medium Density Residential) and zoned R2 (Single- and Two- Family Residential. 368 Sara Sims Memorial Cemetery 2025.10.6783 Page 2 2 South: Cemetery, FLUM classification of PPGI (Public & Private Government/Institutional) and zoned PU (Public Usage District) East: Commercial, FLUM classification of LRC (Local Retail Commercial) and zoned C2 (Neighborhood Commercial District) West: Recreational, FLUM classification R (Recreation) and zoned REC (Recreation District). PROPERTY OWNER NOTIFICATION Notice of the request was mailed to property owners within 400 feet of the subject property, and signs were posted for the City Commission hearing dates. The applicant has certified compliance with Ordinance Nos. 04-007 and 05-004. PROPOSED DEVELOPMENT Proposal: The proposal is an expansion of the Sara Sims Memorial Cemetery to allow for the addition of 116 child plots and 717 adult plots, along with additional site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque and flag pole. Background: The subject area is associated with the existing Sara Sims Memorial Cemetery and owned by the City of Boynton Beach. As additional plots are needed for the community, the proposal would be to develop the remainder of the site in conformance with concurrent review of a Major Site Plan. The site plan review is for an area consisting of 2.76 acres. There are 150 child plots and 672 adult plots existing with a proposal to add 116 child plots and 717 adult plots. There are ad ditional proposed site improvements such as landscaping, a funeral procession area, relocation of the memorial monument plaque and flag pole to the northeastern most portion of the site. There is one vacant lot that is not associated with this project that is not owned by the City of Boynton Beach. This existing lot is zoned R2 which, according to the Land Development Regulations, requires a Type 2 Urban Landscape Buffer, which would require a 12 to 15 foot buffer with landscaping, trees, and a 6 foot wall between these uses. As this site is vacant and unlikely to develop in this location, there is also a concurrent application for a Variance to remove the requirement for this type of buffe r that would only 369 Sara Sims Memorial Cemetery 2025.10.6783 Page 3 3 affect the east, west, and south boundary of the existing site and have negative affects for the full development of the cemetery. Staff supports the variance as requested, as strict adherence to the requirements of LDRs would have a negative impact on the over-all area for a park and cemetery. ANALYSIS Traffic and Access: A traffic study was not required as the proposed expansion to the cemetery is not expected to have any negative impacts on the surround area. Utilities: While there are utilities within the area, the proposal is expected to have little to no impact on utilities and infrastructure. Fire: The Fire Department reviewed the site plan and has no objection. Police: The Police Department reviewed the site plan for CPTED compliance and has no objection Engineering: The Engineering Division reviewed the civil plans, grading, drainage design, and utility layout, and determined that the proposal complies with City engineering standards. Driveway geometry, internal circulation, and service access function appropriately. Remaining technical items will be addressed during permitting. Drainage: The proposed drainage system provides on-site stormwater collection, treatment, and attenuation in compliance with City standards and South Florida Water Management District criteria. The system will not negatively impact adjacent properties or public rights - of-way. Parking and Circulation: Parking is provided in compliance with City requirements civic uses. Landscaping and Buffering: There is a concurrent request for a Variance for an Urban Landscape Barrier between PU and R-2 zoning districts. While the existing lot is zoned R-2, it is not developed and unlikely to see development in the future, along with the strict requirements would make this portion of the site not in conformance with the general area. Building Height and Design: No new buildings are proposed. There will be some relocation of 370 Sara Sims Memorial Cemetery 2025.10.6783 Page 4 4 existing memorials on the site. Lighting: No new lighting is proposed at this time. Signage: Signage is not included in this site plan approval and will be reviewed under a separate permit. Consistency with FLUM & Rezoning: The site plan is consistent with the required PPGI future land use designation and PU zoning district. Approval of the site plan is contingent upon approval of the companion FLUM and Rezoning applications. RECOMMENDATION Staff recommends APPROVAL of the Major Site Plan Modification (MSPM- 2025.10.6783). Any additional conditions imposed by the City Commission will be incorporated into Exhibit “D” – Conditions of Approval. 371 Site ID-1 23-1206 Scale: N.T.S. Sheet No. Cover Sheet Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaProject Cover Sheetwww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c Sara Sims Cemetery Boynton Beach, Florida INDEX OF DRAWINGS: SP-3 & 3.1 SITE & LANDSCAPE PLANS: SURVEY PLANS: SITE DETAILS 1 OF 1 CIVIL PLANS: C1.1 C1.2 DEMOLITION & EROSION CONTROL PLAN C1.3 PREPARED BY: 2GHO PREPARED BY: AVIROM AND ASSOCIATES PREPARED BY: CIVIL DESIGN, INC. SP-4, 4.1, 4.2 & 4.3 LANDSCAPE PLAN PAVING, GRADING AND DRAINAGE PLAN SIGNING, STRIPING GEOMETRIC PLAN SURVEY Improvements PROJECT TEAM OWNER / DEVELOPER CIVIL ENGINEER CIVIL DESIGN, INC. 1400 CENTERPARK BLVD., #905 WEST PALM BEACH, FLORIDA 33401 561-659-5760 JTROMPETER@CIVIL-DESIGN.COM CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FLORIDA 33425 561-742-6266 SLOCOMBEA@BBFL.US LANDSCAPE ARCHITECT (PRIME) 2GHO 1901 COMMERCE LANE, #101 JUPITER, FLORIDA 33458 561-248-1677 KEVIN@2GHO.COM LANDSCAPE SPECIFICATIONS LP-1 SP-1.1 IR-1 IRRIGATION PLAN LP-2 SP-1 SITE DEVELOPMENT PLAN ID-1 PROJECT COVER SHEET IR-2 IRRIGATION DETAILS DEMOLITION PLAN 201 NW 9th CourtSP-2 LAYOUT PLAN CITY OF BOYNTON BEACH OFFICIALS: MAYOR - REBECCA SHELTON VICE MAYOR - WOODROW L. HAY, DISTRICT 2 COMMISSIONER - ANGELA CRUZ, DISTRICT 1 COMMISSIONER - THOMAS TURKIN, DISTRICT 3 COMMISSIONER - AIMEE KELLEY, DISTRICT 4 TREE DISPOSITION PLAN SURVEYING AVIROM AND ASSOC., INC. 50 S.W. 2nd AVE., #102 BOCA RATON, FLORIDA 33432 561-392-2594 WWW.AVIROMSURVEY.COM IR-3 IRRIGATION SPECIFICATIONS SCOPE OF WORK: EXPAND THE CEMETERY LAND AREA FOR ADDITIONAL BURIAL PLOTS WITH ACCESSIBLE WALKS, WAYFINDING SIGNAGE , AND WITH DECORATIVE FENCING AND GATES. INCLUDES EXTENDING NW 9TH AVENUE AS A SERVICE ROAD TO MARTIN LUTHER KING JR. BLVD. SP-1.2 PROPERTY OWNERS INFORMATION SITE Sara Sims Park SITE Martin Luther King Jr. Blvd.NW 1st StreetN. Seacrest Blvd.NW 9 T H A v e. NW 8th Ave. C0.0 COVER SHEET C0.1 GENERAL NOTES C1.4 PAVING, GRADING AND DRAINAGE DETAILS C1.5 PAVING, GRADING AND DRAINAGE DETAILS 372 OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHWOHWOHW OHW RELOCATE EXISTING PALMS PROPOSED MEMORIAL PLAZA RELOCATION. SEE DETAIL ON SHEET SP-1.1 REMOVE PLAZA AND RELOCATE MEMORIAL SAFE SIGHT TRIANGLE, TYP. EXISTING SITE SIGN TO REMAIN RELOCATE EXISTING PALMS AND REMOVE EX. PATH IN FIRST PHASE. NEW FENCE IN PHASE 1. 6' PROPOSED FENCE TO MATCH EXISTING PROPOSED VEHICULAR GATE PROPOSED PEDESTRIAN GATE EXISTING HANDICAP RAMP PROPOSED FENCE TO MATCH EXISTING EXISTING LANDSCAPE TO REMAIN PROPOSED (14) ADULT PROPOSED (19) ADULT PROPOSED (16) ADULTEXISTING HC RAMPEXISTING VEHICULAR GATE AND RAMP 12'X8'6'X8'PROPOSED DECORATIVE SLIDING ENTRY GATE VEHICULAR SWING GATE X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX EX. SWALE EXISTING CONC. PAD AND WALK TO REMAIN DECORATIVE ENTRY GATE PROPOSED (8) ADULT PROPOSED (40) ADULT EXISTING ADULT PLOTS (57) EXISTING ADULT PLOTS (130) EXISTING ADULT PLOTS (94) EXISTING CHILD PLOTS (68) EXISTING CHILD PLOTS (82) EXISTING ADULT PLOTS (96) EXISTING ADULT PLOTS (95) EXISTING ADULT PLOTS (83) EXISTING ADULT PLOTS (66) EXISTING ADULT PLOTS (51) T U S R Q ON MLK EXISTING IRRIGATION VALVE BOX PROPOSED STRIPED ROUNDABOUT. SEE STRIPING DETAIL BELOW. EXISTING IRRIGATION LINE EXISTING TREES TO REMAIN, TYP. PROPOSED LAYDOWN AND STORAGE AREA P EXISTING FENCE TO BE REMOVED, TYP. EXISTING FENCE TO BE REMOVED, TYP. EXISTING FENCE TO REMAIN, TYP. PROPOSED FENCE TO MATCH EXISTING, TYP. SITE LEGEND PROPOSED SCULPTURE PROPOSED DECORATIVE PEDESTRIAN ENTRY GATE TYPICAL PROPOSED ADULT PLOT 4'X9' PLOT DATA EXISTING PLOTS (TO REMAIN): PROPOSED PLOTS (ADDITIONAL): TYPICAL PROPOSED CHILD PLOT 4'X6' TYPICAL PLOTS TO REMAIN TOTAL PLOTS: CHILD - 150 ADULT - 672 CHILD - 116 ADULT - 717 CHILD - 265 (16.1%) ADULT - 1389 (83.9%) EXISTING FENCE TO BE REMOVED, TYP. EXISTING METER BOXES PLOT MARKER, TYP. SEE DETAIL 4.02 VEHICULAR BOLLARDS, TYP. SEE DETAIL 4.102 EXISTING FENCE TO BE REMOVED, TYP. VEHICULAR BOLLARDS, TYP. SEE DETAIL 4.102 PLOT MARKER, TYP. SEE DETAIL 4.02 EXISTING ON-STREET PARKING PARKING PAVED (EXISTING TO REMAIN): FUNERAL PROCESSION (W/I CEMETERY): 18 ON-STREET (TEMP - ALONG NW 9TH COURT) 6 PARKING LOT 12 TOTAL:36 PROPOSED (49) ADULT PROPOSED (97) ADULT PROPOSED (105) ADULTPROPOSED (56) CHILDPROPOSED (69) ADULT PROPOSED (115) ADULT PROPOSED (65) ADULTPROPOSED (60) ADULT PROPOSED (60) ADULT A B D E F GHIJ PROPOSED (59) CHILD C MARTIN LUTHER KING JR. BLVD.N. SEACREST BLVD.COLL E G E B L V D . 50' PUB L I C R . O . W . 28' SETBACK28' ROW9' 22' SITE DATA SITE AREA: FUTURE LAND USE: ZONING: EXISTING PROPOSED 2.76 AC USE:CEMETERY, VACANT, COMMUNITY GARDEN CEMETERY PUBLIC/PRIVATE GOV'T/INSTITUTIONAL PUBLIC USAGE R2 RESIDENTIAL PUBLIC USAGE MED. RESIDENTIAL PPGI LOW RESIDENTIAL PPGI NO LAND USE PPGI PUBLIC USAGE CONTROL NUMBER: 08434521400020020 PUBLIC/PRIVATE GOV'T/INST (PPGI) Land Use: Med. Res. Zoning: R2 Residential Land Use: Med. Res. Zoning: Recreational Land Use: Low Res. Zoning: R1A Land Use: Med. Res. Zoning: R3 Residential Land Use: Low Res. Zoning: R1A Land Use: Med. Res. Zoning: R2 Residential 1 1 2 ADA 9' 6' CONCRETE SIDEWALK 6' CONCRETE SIDEWALK 4' CONCRETE SIDEWALK8.75' TYP. TYPE 2 LANDSCAPE BUFFER (VARIANCE ON WIDTH) 10' LANDSCAPE BUFFER REQUIRED 10' LANDSCAPE BUFFER REQUIRED5.5'5'Land Use: PPGI Zoning: PU 08434521400020010 08434521070021910 FIRE/RESCUE KNOX BOX TYPICAL ADULT PLOT 4'X9' FUTURE PHASE (W & V) ADULT CHILD25.01'25'N.W. 9TH C O U R T THESE (2) PARCELS ARE NOT INCLUDED IN THIS SITE SUBJECT TO ABANDONMENT OF PUBLIC R.O.W. AND LAND AQUISITION 10' G.U.E., TYP.10' G.U.E., TYP.10' G.U.E., TYP.10' G. U.E., TYP. 30' SAFE SIGHT TRIANGLE, TYP. SAFE SIGHT TRIANGLE, TYP. SAFE SIGHT TRIANGLE, TYP. ROUNDABOUT DETAIL ALL SIGNAGE AND MARKINGS ARE TO BE IN ACCORDANCE OF FHA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS DIRECTIONAL ROAD SURFACE SIGNAGE. ONE WAY NORTH. 'EXIT AT MLKJR BLVD. AHEAD' SIGN DOUBLE 4" SOLID WHITE STRIPED ROAD MARKINGS. 'DO NOT ENTER SIGN, TYP. 'STAY RIGHT' SIGNAGE 'DO NOT ENTER SIGN, TYP. DIRECTIONAL ROAD SURFACE SIGNAGE 11.5' 15' 100' SETBACK 5' 51.25' PROPOSED RAMP AND PED. GATE PROPOSED FENCE TO MATCH EXISTING FUTURE PHASE RESTRIPE EXISTING ON-STREET PARKING EXISTING FENCE TO BE REMOVED, TYP. MODIFICATIONS OF PARKING SPACES AND CURBING TO ACHIEVE ADA COMPLIANT PARKING SPACE ON NORTH SIDE.9'22'5'3 EQUAL SPACES (MIN 22') MODIFIY EXISTING SIDEWALK TO ALLOW ADA ACCESSIBILITY NOTE: No wall, fence, sign, plant material, or other site improvement within safe-sight triangle shall obstruct horizontal cross-visibility between thirty (30) inches and eight (8) feet above pavement of abutting roadway and/or driveway. Site SP-1 23-1206 Scale: 1"=20' Sheet No. Plan Development Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaSite Development Planwww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 4020010 373 PLOT LAYOUT ASPHALT DRIVEWAY PROPOSED SURFACES CONCRETE WALKS - ADA ACCESSIBLE 9'4'4'6' TYPICAL CHILD PLOT 4'X6' TYPICAL ADULT PLOT 4'X9' 10' 4' 4' 8.7' 8'7.25'3' 8.75'12'5.7'9'9'8'4'4' 35.7'9'10.4'8'6.26'11.6'9.4'7'9'9'10' 4.200A 4.3024.2034.1036' ALUMINUM VEHICULAR SWING GATE. SEE DETAIL 4.301 CONCRETE BLOCK LAYDOWN MATERIAL STORAGE. SEE DETAIL 4.100 8' BENCH AND TRASH RECEPTICLE ON CONCRETE PAD, TYP. SEE DETAIL 4.00/4.01 AND 4.101 CEMETERY PLOT INFORMATION KIOSK. SEE DETAIL 4.03 4.304 4.1024.100 4.1008' BENCH AND TRASH RECEPTICLE ON CONCRETE PAD, TYP. SEE DETAIL 4.00/4.01 AND 4.101 VEHICLAR BOLLARD WITH SLEEVE, TYP. SEE DETAIL 4.102 PLOT SECTION MARKER, SURFACE MOUNTED WITH SPIKE, TYP. SEE DETAIL 4.02 4.200BPROPOSED ASPHALT SERVICE AREA SURFACE AND DRIVE AISLE BENCH AND TRASH RECEPTICLE ON CONCRETE PAD CEMETERY INFORMATION KIOSK PLOT MARKER INFORMATION DISC, TYP. SITE FEATURES4.03A4.100A EXISTING DRIVE EXISTING RAMP, SLIDING GATE AND SIDEWALK TO REMAIN. PROPOSED CONCRETE PLAZA. RELOCATED MONUMENT AND FLAGPOLE. APPROX. 225 SF. SEE DETAIL BELOW. VEHICLAR BOLLARD WITH SLEEVE, TYP. SEE DETAIL 4.102 5 ' T Y P. PROPOSED PICKET FENCE PROPOSED PICKET FENCE PROPOSED 6' PICKET FENCE EXISTING PICKET FENCE TO REMAIN 9.8'5'9'9' 19'12.7'10'11.6'17.7'10' UTILITY EASEMNT 10' UTILITY EASEMNT OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHWOHWOHW OHW PROPOSED (14) ADULT PROPOSED (19) ADULT PROPOSED (16) ADULT X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PROPOSED (8) ADULT PROPOSED (40) ADULT EXISTING ADULT PLOTS (57) EXISTING ADULT PLOTS (130) EXISTING ADULT PLOTS (94) EXISTING CHILD PLOTS (68) EXISTING CHILD PLOTS (82) EXISTING ADULT PLOTS (96) EXISTING ADULT PLOTS (95) EXISTING ADULT PLOTS (83) EXISTING ADULT PLOTS (66) EXISTING ADULT PLOTS (51) T U S R Q ON MLK P PROPOSED (49) ADULT PROPOSED (97) ADULT PROPOSED (105) ADULTPROPOSED (56) CHILDPROPOSED (69) ADULT PROPOSED (115) ADULT PROPOSED (65) ADULTPROPOSED (60) ADULT PROPOSED (60) ADULT A B D E F GHIJ PROPOSED (59) CHILD C MARTIN LUTHER KING JR. BLVD.N. SEACREST BLVD.COLL E G E B L V D . N.W. 9TH C O U R T THESE (2) PARCELS ARE NOT INCLUDED IN THIS SITE SUBJECT TO ABANDONMENT OF PUBLIC R.O.W. AND LAND AQUISITION 10' G.U.E., TYP.10' G.U.E., TYP.10' G.U.E., TYP.10' G. U.E., TYP.26.5 ' 8' BENCH AND TRASH RECEPTICLE, SURFACE MOUNTED ON EXISTING CONCRETE PAD, TYP. SEE DETAIL 4.00/4.01EXISTING MOBILE SHADE STRUCTURE PROVIDED BY THE CITY. FUTURE PHASE PROPOSED HC RAMP AND GATE PROPOSED CONCRETE PLAZA. RELOCATE MONUMENT AND FLAGPOLE TO THIS LOCATION. APPROX. 360 SF. EXISTING MEMORIAL STATUE TO BE RELOCATED TO THIS LOCATION EXISTING SITE MONUMENT SIGNAGE (DIGITAL DISPLAY BOARD) TO REMAIN AS IS. EXISTING LANDSCAPE TO REMAIN AS IS. EXISTING SIDEWALK MLK JR. BLVD. CEMETERY MEMORIAL RELOCATION PLAZA 1" = 10"-0' 6" THICK, 3500 PSI CONCRETE SLAB ON COMPACTED SOILS. WITH WIRE MESH. SET AT FINISH GRADE.10'19'14'10' 10' EXISTING FLAG POLE TO BE RELOCATED TO THIS LOCATION SP-1.1 23-1206 Scale: 1"=20' Sheet No. Plan Layout Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, Floridawww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 4020010 Layout Plan374 08-43-45-21-40-002-0010 08-43-45-21-07-002-1910 MARTIN LUTHER KING JR. BLVD. NW 9 T H A V E N U E N. SEACREST BLVD.COLLE G E B L V D . City of Boynton Beach City of Boynton Beach 08-43-45-21-40-002-0010 Condition of Successful Transfer of Private Property FUTURE PHASE SUBJECT TO ABANDONMENT OF PUBLIC R.O.W. AND LAND AQUISITION SP-1.2 23-1206 Scale: 1"=20' Sheet No. Plan Layout Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, Floridawww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 25 1.31.25 1.20.26 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 4020010 Property Owners Information375 REMOVE EXISTING 4' PICKET FENCE REMOVE EXISTING 6' PICKET FENCE REMOVE EXISTING 6' PICKET FENCE REMOVE PLAZA AND RELOCATE MEMORIAL. RELOCATE MONUMENT PLAQUE AND FLAG POLE. REMOVE THATCHED STRUCTURE. CONCRETE PAD AND WALK TO REMAIN EXISTING FENCE TO BE REMOVED, TYP. REMOVAL LEGEND EXISTING PAVER PATH TO BE REMOVED, TYP. REMOVE EXISTING 6' CHAIN LINK FENCE, TYP. REMOVE EXISTING 4' CHAIN LINK FENCE, TYP. REMOVE 6' EXISTING CHAIN LINK FENCE REMOVE ASPHALT REMOVE CONCRETE EXISTING ASPHALT TO BE REMOVED, TYP. EXISTING CONCRETE TO BE REMOVED, TYP. MARTIN LUTHER KING JR. BLVD. NW 9 T H A V E N U E N. SEACREST BLVD.COLLE G E B L V D . THESE (2) PARCELS ARE NOT INCLUDED IN THIS SITE FUTURE PHASE SUBJECT TO ABANDONMENT OF PUBLIC R.O.W. AND LAND AQUISITION SP-2 2-1206 Scale: 1"=20' Sheet No. Plan Demolition Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaDemolition Planwww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.20.26 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 4020010 376 138 137 136135 134 133 140 139 151 149 148147 142 144 145 146143 141 129 128 150 130 131 132 118 119 117 101 102 103 104 105 106 107 108 109 110 111 112 114 113 115 116 120 121 122 123 124 125 126 127 177 XXXXXX 178 180 179 182 183 181 170 169 168 167 166 165 164 163 162 161 160 175 176 100 152 153 154 155 156 157 158 159 171 172 173 174 RELOCATED TREE LOCATIONS, TYP. RELOCATED TREE LOCATIONS, TYP. 113A EXISTING TREES TO REMAIN, TYP. EXISTING TREES TO REMAIN, TYP. EXISTING TREES TO REMAIN, TYP. REQUIRED LANDSCAPE BUFFER, TYP. EXISTING TREES TO BE RELOCATED, TYP. RELOCATED TREE LOCATIONS, TYP. TREE AND PALM TO REMAIN, TYP. PROPOSED TREE AND PALM, TYP. PROPOSED TREE/PALM TO BE REMOVED, TYP. EXISTING TREE LEGEND * *NOTE: ALL SMALL FRUIT TREES TO BE RELOCATED TO A DONOR SITE ON THE SARA SIMS PARK SITE. TBD BY THE CITY. * TREE PROTECTION BARRIER, TYP. OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHWOHWOHW OHW THESE (2) PARCELS ARE NOT INCLUDED IN THIS SITE SUBJECT TO ABANDONMENT OF PUBLIC R.O.W. AND LAND AQUISITION NOTE: ALL LANDSCAPE/PLANT MATERIAL PROPOSED WITHIN SAFE-SIGHT TRIANGLES SHALL MAINTAIN UNOBSTRUCTED CROSS VISIBILITY AT A LEVEL BETWEEN (30) INCHES AND (8) FEET ABOVE PAVEMENT OF ABUTTING ROADWAY AND/OR DRIVEWAY. FUTURE PHASE SAFE SIGHT TRIANGLES, TYP. SAFE SIGHT TRIANGLES, TYP. SAFE SIGHT TRIANGLES, TYP. Tree SP-3 24-1206 Scale: 1"=20' Sheet No. Plan Disposition Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaTree Disposition Planwww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 4020010 377 Tree SP-3.1 24-1206 Scale: 1"=20' Sheet No. Chart Disposition Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaTree Disposition Chartwww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c DRIP LINE3'-0" MIN.FENCING OF PRESERVED TREES: PRIOR TO THE COMMENCEMENT OF CONSTRUCTION., THE CONTRACTOR SHALL ENCLOSE THE ENTIRE WOODEN (OR EQUIVALENT) POSTS AT LEAST 1.5 x 3.5 INCHES SHALL BE IMPLANTED IN THE GROUND DEEP ENOUGH TO BE STABLE AND WITH AT LEAST 3 FEET VISIBLE ABOVE THE GROUND. THE PROTECTIVE POSTS SHALL BE PLACED NOT MORE THAN 6 FEET APART, AND SHALL BE LINKED TOGETHER BY ORNAGE NET FENCE FABRIC. DRIPLINE (or to the curb) OF THE PRESERVED TREE WITHIN A FENCE PRESERVED TREES EXISTING VEGETATION FENCE FABRIC POSTS OR SIMILAR BARRIER AS SHOWN. NOTES: 1.ALL TREE AND ROOT PRUNING SHALL BE PERFORMED ACCORDING TO THE ANSI A330 ROOT PRUNING STANDARDS AND SHALL BE DONE BY AN INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) CERTIFIED ARBORIST LICENSED IN FLORIDA. PRUNING OPERATORS SHALL MEET WITH THE LANDSCAPE ARCHITECT PRIOR TO ANY PRUNING. 2.CUTS ARE TO BE MADE CLEANLY WITH A SHARP ROOT PRUNING TOOL (SUCH AS A DOSCO OR VERMEER ROOT PRUNER). 3.INSTALL ORANGE PLASTIC MESH TREE BARRIER, WITH REBAR SUPPORTS, AT POINT OF PRUNING AND CONTINUE COMPLETELY AROUND TREE, PROTECTING THE AREA WITHIN THE DRIP LINE (EXTENT OF OUTER BRANCHES), * IF WITHIN 6' OF TRUNK CONSULT PROJECT LANDSCAPE ARCHITECT. IN NO CASE SHALL PRUNING OCCUR WITHIN 3' OF EDGE OF TREE TRUNK FOR OAK TREES. * EXISTING TREE EXISTING GRADE LIMEROCK - (AS DEEP AS BARRIER) IF ROOT BARRIER REQUIRED Root Pruning Detail N.T.S. * * ROOT BARRIER (IF NECESSARY) (24"D. MIN.) 12" VEGETATION PROTECTION DETAIL 378 3'24"3'22.6'40"±16.6"18"±18"16.6"ALUMINUM PLATE (UNDER LAMINATE) 4" ALUMINUM POST LAMINATE SIGN FACE SIGN GRAPHICS AND INFORMATION BY OTHERS 4" ALUMINUM POST - ALL ALUMINUM COMPONENTS TO MATCH COLOR OF FENCE. SELECTED BY OWNER. - ACTUAL SIZE OF SIGN MAY VARY DEPENDING ON FINAL GRAPHIC LAYOUT. 18"30"18"30"45°' A D E FGHIJ C VW T U S R Q ONMLK P Sara Sims Memorial Cemetery Scan QC code above for Plot Directory and Information B Historical information to be determined 16.6"22.6" Site SP-4 24-1206 Scale: 1"=20' Sheet No. Details Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaSite Detailswww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 3/4" = 1'-0" 4.02 - Plot Section N.T.S. 4.03 - Plot Information N.T.S. Markers Detail Kiosk 18" x 24" CEMETERY INFORMATION SIGNAGE EQUAL TO PULSE DESIGN, INC., NATURE SERIES. SLANTED RAISED SHELF DESIGN ON ALUMINUM POST. FINISH COLOR TO BE BLACK TO MATCH ADJACENT FENCING. TO BE SURFACE MOUNTED PER MANUFACTURER'S SPECIFICATIONS. POST, FRAME AND GRAPHICS MANUFACTURED BY PULSE DESIGN INC. (708) 385-1308 4.03A - Plot Information Kiosk Detail 3/4" = 1'-0" 4.03B - Plot Information Kiosk Sign Graphic G-1 PLOT QUADRANT SECTION AND NUMBER QR CODE PROVIDING GRAVE LOCATION INFORMATION 6"2"2.25"2.25" Plot Section N.T.S. Markers TYPICAL GRAVE PLOTAISLE AISLE Location Detail Typical Plot Marker N.T.S. 4.01 - Trash WASTE CAN EQUAL TO VICTOR STANLEY, STREETSITES COLLECTION, WASTE RECEPTACLE, PLASTIC LINER & DOME TOP LID. MODEL # RTH-36. POWDER COATED FRAME AND RECYCLED PLASTIC SLAT PATTERN. ALL FINISH COLORS ARE TO MATCH COBB STANDARDS AND SHALL BE SELECTED BY OWNER FROM MANUFACTURE'S FULL RANGE OF COLORS, INCLUDING CUSTOM COLORS. TO BE SURFACE MOUNTED PER MANUFACTURER'S SPECIFICATIONS. MANUFACTURED BY VICTOR STANLEY INC. (800) 368-2573 Receptacle N.T.S. 8' BENCH EQUAL TO VICTOR STANLEY, STREETSITES COLLECTION. MODEL #F-50/CM-50. RECYCLED PLASTIC HORIZONTAL SLATS AND POWDER COATED FRAME. ALL FINISH COLORS ARE TO MATCH COBB STANDARDS AND SHALL BE SELECTED BY OWNER FROM MANUFACTURE'S FULL RANGE OF COLORS, INCLUDING CUSTOM COLORS. BENCH TO BE SURFACE MOUNTED PER MANUFACTURER'S SPECIFICATIONS. MANUFACTURED BY VICTOR STANLEY INC. (800) 368-2573 4.00 - Bench N.T.S.2"6" ROUND, SURFACE MOUNTED MARKERS EQUAL TO BALDWIN DESIGN WORKS, FLUSH MOUNTED DISC SERIES. ALUMINUM PLATES, POWDER COATED AND CLEAR FINISH. VARIOUS GRAPHIC OPTIONS, VINYL OR PANTED GRAPHICS WITH CLEAR COATING. ALL GRAPHICS AND FINISH COLORS ARE TO BE SELECTED BY OWNER FROM MANUFACTURE'S FULL RANGE OF COLORS, INCLUDING CUSTOM COLORS. MARKERS TO BE SURFACE MOUNTED PER MANUFACTURER'S SPECIFICATIONS. MANUFACTURED BY BALDWIN DESIGN WORKS INC. (404) 518-7688 GRAPHICS TO INCLUDE SECTION NUMBER AND QR CODE FOR DIRECTIONAL ASSISTANCE. KIOSK NOTE: THERE IS AN EXISTING SLANTED POST AND FRAME ON THE WEST SIDE NEAR THE PEDESTRIAN ENTRANCE THAT CAN BE UTILIZED. IT CAN BE RELOCATED TO THE DESIGNATED LOCATION AND A NEW INFORMATION GRAPHIC PLATE CAN BE INSTALLED. AN ADDITIONAL SIGN SHALL BE CONSTRUCTED TO MATCH. COBB TO DETERMINE THE VIABILITY OF THIS OPTION. 379 4.100A 5'3'2'8"11'8"5'8" 18' 5' STUCCO FINISH ON BLOCK WALL STUCCO FINISH ON BLOCK WALL STUCCO FINISH ON BLOCK WALL 5'8"3'2'BENCH PROPOSED 8' BENCH (3.100). TO BE SURFACE MOUNTED ON ARTIFICIAL TURF AND THROUGH MOUNTED INTO CONCRETE SLAB. 4" THICK, 3000 PSI CONCRETE SLAB ON COMPACTED SOILS. SET AT FINISH GRADE SURFACE MOUNT 4" THICK, 3000 PSI CONCRETE SLAB W/ BROOM FINISH ON COMPACTED SOILS. SET AT FINISH GRADE ARTIFICIAL PLAY TURF CONCRETE SLAB PROPOSED TRASH RECEPTICLE (3.101) PROPOSED 8' BENCH (3.100) BENCH 3'2'6"12-14"54'4" 5.5" BURIED 3" DIA. X 5' PVC PIPE IN 3000 PSI CONCRETE FOOTER SLEEVE BASE BALL SHAPE FINIAL PVC TAPERED SLEEVE. COLOR BLACK 3" PVC PIPE 3000 PSI CONCRETE TIE BEAM W/ 2 #5 CONTINUOUS 8" X 8" X 16" C.M.U. 3000 PSI SOLID FILL BLOCK CORE TO RECEIVE REINFORCEMENT W/ 1 #5 16" O.C. FINISH GRADE STORAGE BIN INSIDE WALL 30" REBAR OVERLAP 3000 PSI CONCRETE FOOTER W/ (3) #5 CONTINUOUS & (2) #5 TIE BAR 16" O.C. Site SP-4.1 24-1206 Scale: See at Sheet No. Details Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaSite Detailswww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 3/4" = 1'-0" 4.100 - Laydown Material Storage Bays 4.103 - Sidewalk Section 1/4" = 1'-0" 4.101 - Bench Pad Plan each Detail. Vehicular Bollard/ Sleeve Details 3/4" = 1'-0" PAWN SHAPE, PVC BOLLARD COVER. TO BE MOUNTED OVER BURIED 4" PVC POST . 54" OVERALL HEIGHT. COLOR AND FINISH TO BE BLACK. SLEEVE TO BE SLIP MOUNTED PER MANUFACTURER'S SPECIFICATIONS. MANUFACTURED BY TRAFFIC CONES FOR LESS, INC. (888) 388-0180 , OR EQUAL. 4.102 - Vehicular N.T.S. Bollard/Sleeve 3/4" = 1'-0" 4.100A - Storage Bay Wall Detail FRONT ELEVATIONSIDE ELEVATION SEE CIVIL SHEET C1.2, DETAIL #3 FOR SIDEWALK DETAIL 380 Fence / Gate Notes:Sara Sims Memorial Gardens Boynton Beach, Florida Site DetailsDesigned:Drawn:Approved:Job no.Revisions:Date:KMSGGG/EOM/MTHKMS/EOM10.8.251.23.263.3.251.31.25Landscape ArchitectsPlanners EnvironmentalConsultantsINC.381 Fence / Gate Notes:Sara Sims Memorial Gardens Boynton Beach, Florida Site DetailsDesigned:Drawn:Approved:Job no.Revisions:Date:KMSGGG/EOM/MTHKMS/EOM10.8.251.23.263.3.251.31.25Landscape ArchitectsPlanners EnvironmentalConsultantsINC.382 TRD 6 RSP 6 CHR 109 RSP 6 RSP 6 RELOCATED TREE LOCATIONS, TYP. RELOCATED TREE LOCATIONS, TYP. RSP 6 EXISTING TREES TO REMAIN, TYP. EXISTING TREES TO REMAIN, TYP. CHR 51 CE 10 CE 6 CHR 80 EXISTING TREES TO REMAIN, TYP. REQUIRED LANDSCAPE BUFFER, TYP. MARTIN LUTHER KING JR. BLVD. NW 9 T H A V E N U E N. SEACREST BLVD.COLL E G E B L V D . EXISTING TREES TO BE RELOCATED, TYP. RELOCATED TREE LOCATIONS, TYP. TREE AND PALM TO REMAIN, TYP. PROPOSED TREE AND PALM, TYP. PROPOSED TREE/PALM TO BE REMOVED, TYP. EXISTING TREE LEGEND * *NOTE: ALL SMALL FRUIT TREES TO BE RELOCATED TO A DONOR SITE ON THE SARA SIMS PARK SITE. TBD BY THE CITY. * TREE PROTECTION BARRIER, TYP. OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHWOHWOHW OHW X X X X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX THESE (2) PARCELS ARE NOT INCLUDED IN THIS SITE SUBJECT TO ABANDONMENT OF PUBLIC R.O.W. AND LAND AQUISITION NOTE: ALL LANDSCAPE/PLANT MATERIAL PROPOSED WITHIN SAFE-SIGHT TRIANGLES SHALL MAINTAIN UNOBSTRUCTED CROSS VISIBILITY AT A LEVEL BETWEEN (30) INCHES AND (8) FEET ABOVE PAVEMENT OF ABUTTING ROADWAY AND/OR DRIVEWAY. 10' G.U.E., TYP.10' G.U.E., TYP.10' G.U.E., TYP.10' G. U.E., TYP. RSP 3 FUTURE PHASE SAFE SIGHT TRIANGLES, TYP. SAFE SIGHT TRIANGLES, TYP. SAFE SIGHT TRIANGLES, TYP. NOTE: ALL LANDSCAPE/PLANT MATERIAL PROPOSED WITHIN SAFE-SIGHT TRIANGLES SHALL MAINTAIN UNOBSTRUCTED CROSSVISIBILITY AT A LEVEL BETWEEN 30" AND 8' ABOVE PAVEMENT OF ABUTTING ROADWAY AND/OR DRIVEWAY. Landscape LP-1 23-1206 Scale: 1"=20' Sheet No. Plan Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaLandscape Plan www.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c 4020010 383 FULL CLUMPYVAs Shown24''3'FAKAHATCHEE GRASSTRIPSACUM DACTYLOIDES6TRD FULL AND THICK HEDGEYV3 O.C.18''18''RED TIP COCOPLUMCHRYSOBALANUS ICACO 'RED TIP'240CHR REMARKSNATIVED.T.SPACINGGAL.SPREADHEIGHTCOMMON NAMEBOTANICAL NAMEQTY.KEY SHRUBS REGENERATED; CHARACTER 'S' CURVED; SLICK YVAs Shown30'' MIN.C.T.28-38'CABBAGE PALMETTOSABAL PALMETTO27RSP REMARKSNATIVED.T.SPACINGCALIPERHEIGHTCOMMON NAMEBOTANICAL NAMEQTY.KEY PALMS FULL -MAINTAIN 8' CLEARYVAs Shown6'12'GREEN BUTTONWOODCONOCARPUS ERECTUS16CE REMARKSNATIVED.T.SPACINGCALIPERSPREADHEIGHTCOMMON NAMEBOTANICAL NAMEQTY.KEY TREES Landscape LP-2 23-1206 Scale: N.T.S. Sheet No. Specifications Seal Sheet Title: LA 0000530 Sara Sims Memorial GardensBoynton Beach, FloridaLandscape Specificationswww.2GHO.com 561-575-5260 FAX Jupiter, Florida 33458 1907 Commerce Lane 561-575-9557 Suite 101 Designed: Drawn: Approved: Job no. Revisions: Date: KMS GGG/EOM/MTH KMS/EOM 4.24.25 7.1.25 3.3.25 1.31.25 1.23.26 10.8.25 Copyright 2021 All Rights Reserved Landscape Architects Planners Environmental Consultants 2GHOINC. c ABBREVIATIONS: D.T.: DROUGHT TOLERANCE, V= VERY, M= MODERATE, L= LOW NATIVE: Y= YES, N= NO G.W.=GREY WOOD, C.T.= CLEAR TRUNK, O.A.=OVERALL, A.S.= AS SPECIFIED, O.C.=ON CENTER Details 3" Palm Planting Detail Tree Planting Over 3.5" Cal. POINT AT WHICH O.A. HEIGHT IS MEASURED POINT AT WHICH C.T. OR B.T. HEIGHTS ARE MEASURED POINT AT WHICH C.W. OR G.W. HEIGHTS ARE MEASURED MINIMUM 4 (2 X 4) WOOD BRACES NAIL INTO BATTENS W/20D NAILS SPACED AT A MINIMUM OF 90° NO SCRAPED OR SCARRED TRUNKS FERTILIZE AS PER WRITTEN SPECS. FOLD BACK TOP 1/2 OF BURLAP REMOVE ALL SYNTHETIC BURLAP CUT WIRE BASKETS BELOW TOP HALF OF ROOT BALL BACKFILL MIXTURE PLANT PIT TO BE 2.5 TIMES THE DIAMETER OF THE PLANT BALL ALL BRACING TO BE REMOVED AT END OF WARRANTY PERIOD BY LANDSCAPE CONTRACTOR. BRACING MAY BE MODIFIED FOR URBAN CONDITIONS. ALTERNATIVE BRACING SYSTEM TO BE APPROVED BY LANDSCAPE ARCHITECT ROOT BALL SLIGHTLY ABOVE FINISH GRADE. 10% MAXIMUM. DO NOT PILE SOIL ON TOP OF ROOTBALL. 5 LAYERS OF BURLAP OR SIMILAR BIODEGRADABLE MATERIAL 6 (2"X4"X16") WOODBATTENS EXISTING SUBGRADE 3" EARTH RING FOR WATER COLLECTION WITH GENTLY SLOPING SIDES STEEL BAND TIE FRONDS W/BURLAP OR SIMILAR BIODEGRADABLE MATERIAL TO PROTECT BUD SECURE BATTENS W/ 2-3/4" HIGH CARBON STEEL BANDS TO HOLD BATTENS IN PLACE DURING PLANTING PROJECT. DO NOT NAIL BATTENS TO PALM. HEIGHT OF BATTENS SHALL BE LOCATED IN RELATION TO THE HEIGHT OF THE PALM FOR ADEQUATE BRACING. STEEL BANDS SHALL NOT TOUCH TRUNK OF TREE. FINISH GRADE 2 X 4 ANCHOR STAKE BRACE INTO VIRGIN SOIL. TOE NAIL INTO ANCHOR CABBAGE PALMS TO BE SLICK & HURRICANE CUT (IF REGENERATED ARE SPECIFIED THERE SHALL BE A MINIMUM OF 5 FRONDS) MULCH TYPE AND THICKNESS IN SPECIFICATION. DO NOT PLACE MULCH AGAINST TRUNK OF TREE SAFETY FLAGS (TYP.) N.T.S. Tree Planting Detail WEBBING TO BE REMOVED AT END OF WARRANTY PERIOD BY LANDSCAPE CONTRACTOR. BRACING MAY BE MODIFIED FOR URBAN CONDITIONS ALTERNATIVE BRACING SYSTEM TO BE APPROVED BY LANDSCAPE ARCHITECT. TREES OVER 3.5" CALIPER TO USE PALM STAKINGDETAIL. BRACING MUST BE VISIBLE & SAFE FOR PEDESTRIANS POINT AT WHICH SPECIFIED OVERALL TREE HEIGHT IS MEASURED THIN BRANCHES BY 1/3 TOTAL MASS RETAIN NATURAL FORM. NO PRUNING SHALL BE DONE PRIOR TO INSTALLATION AND SHALL BE APPROVED BY LANDSCAPE ARCHITECT POINT AT WHICH SPECIFED TREE SPREAD IS MEASURED INSTALL TREE FROG TREE STAKING PRODUCT AS SPECIFIED BY THE MFG. OR APPROVED EQUAL. 3/4" POLYPROPYLENE WEBBING. LOOP WEBBING THRU CROTCH OF LOWER BRANCES AND EXTEND 12" BEYOND TRUNK. FASTEN BUCKLE AND SLIDE TOWARDS ANCHOR TO TENSION PROVIDE 4 WEBBING STRAPS SPACED AT 90° APART. FERTILIZE AS PER WRITTEN SPECS. 3" FOLD BACK TOP 1/2 OF BURLAP REMOVE ALL SYNTHETIC BURLAP CUT WIRE BASKETS BELOW TOP HALF OF ROOT BALL BACKFILL MIXTURE PLANT PIT TO BE 2.5 TIMES THE DIAMETER OF THE PLANT BALL ROOT BALL SLIGHTLY ABOVE FINISH GRADE. 10% MAXIMUM. DO NOT PILE SOIL ON TOP OF ROOTBALL. EXISTING SUBGRADE 3" EARTH RING FOR WATER COLLECTION WITH GENTLY SLOPING SIDES WHEN STRAPS ARE LOCATED IN SOD, PLACE AN 8"X1" PVC PIPE AT FINISHED GRADE TREE CALIPER SIZE SHALL BE MEASURED AT 6" ABOVE GRADE UP TO & INCL. 4" CAL. AND 12" ABOVE GRADE FOR LARGER CALIPER TREES FINISH GRADE ANCHOR (TYP.) SAFETY FLAGS (TYP.) 12" Tree Planting 1" To 3.5" Cal. 45° N.T.S. MULCH TYPE AND THICKNESS IN SPECIFICATION. DO NOT PLACE MULCH AGAINST TRUNK OF TREE Shrub & Ground Cover Planting Detail POINT AT WHICH SPECIFED SHRUB SPREAD IS MEASURED POINT AT WHICH SPECIFIED OVERALL SHRUB HEIGHT HEIGHT IS MEASURED REMOVE PAPER, PLASTIC, OR METAL CONTAINER THAT MAY BE AROUND ROOT. IF BALLED & BURLAPPED, REMOVE ONLY TOP 1/2 OF BURLAP 4" BACKFILL MIXTURE EXISTING SUBGRADE PLANT PIT TO BE 2 TIMES THE DIAMETER OF THE PLANT BALL FERTILIZE AS PER WRITTEN SPECS. BACKFILL MIXTURE: 1/2 PARENT MATERIAL COMBINE WITH BACKFILL MIXTURE OF 1/3 SAND, 1/3 TOPSOIL, 1/3 PEAT HUMUS. 3" 3" EARTH RING FOR WATER COLLECTION FINISH GRADE MULCH TYPE AND THICKNESS IN SPECIFICATION. DO NOT PLACE MULCH AGAINST TRUNK OF SHRUB N.T.S. GROUNDCOVER: KEEP MULCH AWAY FROM PLANTS Plant List TALL HEAD TALL HEAD MEDIUM HEAD MEDIUM HEAD SHORT HEAD TALL HEAD MEDIUM HEAD SHORT HEAD SHORT HEAD STAGGERED HEIGHTS Typical Cabbage Palm Layout CONTINUOUS MULCH BED TRUNKS TO CURVE OR LEAN OUT AWAY FROM CLUSTER TO ALLOW SUN ACCESS TO HEAD STRAIGHT TRUNKS TYP. TALLEST AND IN CENTER OF CLUSTER STRAIGHT TRUNK PALMS CAN BE SLIGHTLY TILTED WHEN PLANTED ROOT BALLS TO BE 3-7' O.C. DIRECTION OF CURVED TRUNK CURVED TRUNK PALM HEADS PERPENDICULAR TO THE GROUND. USE A VARIETY OF CURVED TRUNKS (I.E. AREA OF CURVE AND DEGREE) EQUIDISTANT HEADS EQUIDISTANT SPACING OF HEADS. MIN. 8'-10' SEPERATION ON ALL PLANES N.T.S. TREE ROOT BARRIER WILL NEVER BE USED FOR MORE THAN 30% OF THE EXPANDED CIRCUMFERENCE OF THE ROOT BALL. ROOT BARRIER WILL NOT BE USED BETWEEN THE TREE PIT AND THE STRUCTURAL SOIL. ALL UTILITY PIPES WILL BE PROTECTED WITH ROOT BARRIER PER THE REQUIREMENTS OF THE MUNICIPALITY. 7' 7' BIOBARRIER AT ROADWAY, CURB, SIDEWALK EDGE, PIPE AND TREE PIT Tree Root Barrier Plan SOIL BACKFILL Tree Root Barrier Section *NOTE: CONTRACTOR SHALL FOLLOW MFG'S. DETAILED INSTRUCTIONS FOR ACTUAL INSTALLATION PROCEDURES. MINIMUM ROOTBALL BIOBARRIER OR APPROVED EQUAL 4' ROOT BALL ROADWAY/ SIDEWALK 4' MIN.24"30"-48"UTILITY PIPE (TYP.) 4' TREE PIT (TYP.)TREE PIT N.T.S.N.T.S. VARIES10' OR LESS SOD TO BE ST. AUGUSTINE UNLESS OTHERWISE NOTED ON PLANS ALL PLANTING AREAS SHALL RECEIVE 100% COVERAGE FROM A FULLY AUTOMATIC IRRIGATION SYSTEM EQUIPPED WITH A RAIN SENSOR. ALL CONSTRUCTION DEBRIS & HARDPAN TO BE REMOVED FROM PLANTING BEDS TO A DEPTH OF 30" PROVIDE SIZES AND SPECIFICATIONS OF PLANTS AS SHOWN ON PLANS OR LISTED ON PLANT LIST. ALL TREES, PALMS, SHRUBS, GROUND COVERS AND OTHER PLANTS SHALL CONFORM TO THE STANDARD OF FLORIDA NO. 1 OR BETTER AS GIVEN IN THE LATEST EDITION OF GRADES AND STANDARDS FOR NURSERY PLANTS BY FLORIDA DEPARTMENT OF AGRICULTURE, PART I AND II. PLANT MATERIAL SHALL ALSO CONFORM TO THE AMERICAN ASSOCIATION OF NURSERYMEN, INC. (ANSI) BULLETIN Z 60.1 - 1990 AND AS REVISED. SPECIMEN PLANTS SHALL BE FLORIDA FANCY OR BETTER AND SHALL CONFORM TO THE LITERATURE STANDARDS LISTED ABOVE. WARRANT ALL PLANT MATERIAL FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF FINAL ACCEPTANCE AGAINST DEATH AND UNHEALTHY CONDITION, EXCEPT AS MAY RESULT FROM NEGLECT BY OWNER, DAMAGE BY OTHERS AND UNUSUAL PHENOMENA BEYOND CONTRACTOR'S CONTROL. REPLACEMENTS SHALL BE MADE WITH COMPATIBLE SIZE AND QUALITY OF MATERIAL AT A TIME REQUESTED OR ACCEPTABLE BY THE OWNER OR LANDSCAPE ARCHITECT. PLANT MATERIAL REJECTED DURING THE COURSE OF CONSTRUCTION SHALL BE REMOVED WITHIN FIVE (5) WORKING DAYS AND REPLACED BEFORE THE FINAL INSPECTION FOR COMPLETION WILL BE SCHEDULED. WARRANTY ON REPLACEMENT PLANTS SHALL BE 1 YEAR FROM THE DATE OF FINAL ACCEPTANCE OF THE REPLACEMENTS. ANY DAMAGE TO LANDSCAPE, SODDED OR SEEDED AREAS DURING REPLACEMENT OF PLANT MATERIAL SHALL BE CORRECTED BY THE LANDSCAPE CONTRACTOR. THE QUANTITIES OF PLANT MATERIALS SHOWN ON PLANS SHALL TAKE PRECEDENCE OVER THE PLANT QUANTITIES ON THE PLANT LIST. THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO ADJUST THE NUMBER AND LOCATIONS OF THE DESIGNATED TYPES AND SPECIES OF PLANTS TO BE USED AT ANY OF THE LOCATIONS SHOWN. THE OWNER SHALL RECEIVE A CREDIT OR DEBIT FOR THE UNIT PRICE OF THE PLANT MATERIAL. NO SUBSTITUTION OF PLANT MATERIAL TYPES, SPECIFICATIONS OR SIZES WILL BE PERMITTED WITHOUT WRITTEN AUTHORIZATION FROM THE LANDSCAPE ARCHITECT. THE OWNER AND/OR LANDSCAPE ARCHITECT RESERVES THE RIGHT TO NOT ACCEPT PLANT MATERIAL THAT DOES NOT, IN THE OPINION OF THE OWNER AND/OR LANDSCAPE ARCHITECT, MEET THE SPECIFICATIONS HEREIN. PROVIDE FERTILIZER UNIFORM IN COMPOSITION, DRY, AND IN A FREE FLOWING CONDITION FOR APPLICATION BY SUITABLE EQUIPMENT, AND DELIVER IN UNOPENED BAGS OR CONTAINERS, EACH FULLY LABELED. FERTILIZE TREES, SHRUBS AND GROUND COVERS WITH "MILORGANITE" OR AN APPROVED COMPLETE FERTILIZER. APPLY "MILORGANITE" IN A CIRCLE AROUND THE PLANT BEFORE MULCHING. DO NOT TOUCH THE PLANT WITH THE FERTILIZER. WATER IN FERTILIZER AFTER MULCHING. APPLY MILORGANITE" FERTILIZER AT THE FOLLOWING RATE: 5.00 LBS. OR 14.5 CUPS / PALMS 3.00 LBS. OR 8.70 CUPS / 12-16' MATERIAL 2.00 LBS. OR 5.80 CUPS / 8-12- MATERIAL 0.69 LBS OR 2.00 CUPS / 6-8' MATERIAL 0.19 LBS OR 1/2 CUP / 3 GAL. MATERIAL 0.10 LBS. OR 1/4 CUP / 1 GAL MATERIAL BACKFILL MIXTURE: 1/2 PARENT SOIL, 1/2 MIXTURE (1/3 SAND, 1/3 TOPSOIL, 1/3 PEAT HUMUS). ABOVE AND BELOW GROUND UTILITIES SHALL BE VERIFIED AND LOCATED BY THE LANDSCAPE CONTRACTOR PRIOR TO COMMENCING WORK IN THE PROJECT AREA. IF UTILITY PLANS ARE AVAILABLE, THE CONTRACTOR SHALL EXAMINE THEM AND BRING ANY AND ALL CONFLICTS TO THE ATTENTION OF THE OWNER AND/OR LANDSCAPE ARCHITECT. WHEN WORKING IN AN AREA WHERE KNOWN UTILITIES EXIST, UTILITY LOCATIONS MAY NEED TO BE STAKED BY A SURVEYOR OR THE UTILITY COMPANIES. THE CONTRACTOR HAS THE OPTION TO CONTACT 811TO SCHEDULE LOCATION OF THE UTILITIES WHICH SUBSCRIBE TO THEIR SERVICE. PREPARATION: PRIOR TO THE INSTALLATION OF PLANTS, THE SITE SHALL BE FREE OF WEEDS, GRASS, SOD, DEBRIS, ROCKS OR OTHER MATERIAL MAKING THE SITE UNPLANTABLE. FOR FINAL ACCEPTANCE ALL PLANTED AREAS SHALL BE WEED FREE. FINISH GRADING: THE LANDSCAPE CONTRACTOR SHALL COORDINATE THE INSTALLATION AND GRADING OF TOPSOIL, IF NECESSARY, WITH THE GENERAL CONTRACTOR, TO INSURE THE SITE IS AT FINISH GRADE PRIOR TO INSTALLING PLANTS. PLANTING TREES: LAYOUT PLANTS ACCORDING TO LANDSCAPE PLANS. IF A CONFLICT ARISES AS TO THE LOCATION, SPACING OR OTHER CONFLICT, CONTACT THE LANDSCAPE ARCHITECT IMMEDIATELY. EXCAVATE PIT TO TWO AND ONE-HALF (2 1/2) TIMES THE DIAMETER OF TREE BALL AND NOT LESS THAN 6" DEEPER. COMPACT A LAYER OF BACKFILL MIXTURE IN PIT TO LOCATE COLLAR OF PLANT PROPERLY IN A SLIGHTLY DISHED FINISH GRADE. BACKFILL AROUND BALL WITH BACKFILL MIXTURE, COMPACTED TO ELIMINATE VOIDS AND AIR POCKETS, WATERING THOROUGHLY AS LAYERS ARE PLACED. BUILD 3" HIGH BERM OF SOIL BEYOND EDGE OF EXCAVATION. APPLY FERTILIZER AS SPECIFIED AND THEN MULCH WITH THE TYPE AND THICKNESS SPECIFIED ON PLANT LIST. GUY AND STAKE TREES, LESS THAN 3.5" IN CALIPER, IN FOUR DIRECTIONS WITH "ARBORBRACE" NYLON TREE GUYING KIT WITH HARDENED NYLON ANCHOR AND 3/4" 800 LB. POLYPROP UV WEBBING, MODEL (ATG-R) OR APPROVED EQUAL. STAKE TREES IMMEDIATELY AFTER PLANTING. FOR MULTI-TRUNK PLANT MATERIAL, ATTACH GUYS TO FOUR (4) LARGEST LIMBS, CARE MUST BE TAKEN NOT TO MAKE GUYS TOO TIGHT. FOR TREES 3.5" IN CALIPER AND OVER, TREES MUST BE STAKED WITH WOOD 2X4 METHOD. FOLLOW PALM STAKING DETAIL FOR REQUIREMENTS. THE LANDSCAPE ARCHITECT RESERVES THE RIGHT TO ELIMINATE GUYING OR STAKING. THE OWNER SHALL RECEIVE A CREDIT OR DEBIT FOR THE UNIT PRICE OF THE GUYING OR STAKING. THE LANDSCAPE CONTRACTOR SHALL REMOVE BRACING IN ONE YEAR. PLANTING SHRUBS: EXCAVATE PITS OR TRENCH TWO (2) TIMES DIAMETER OF BALLS OR CONTAINERS, AND 3" DEEPER THAN REQUIRED FOR POSITIONING AT PROPER HEIGHT. COMPACT A LAYER OF BACKFILL MIXTURE IN BOTTOM BEFORE PLACING PLANTS. CONTAINER GROWN MATERIALS SHALL BE PLANTED WITH 48 HOURS AFTER DELIVERY TO SITE. PLACE PLANT IN PIT AND BACKFILL AROUND PLANTS WITH BACKFILL MIXTURE, COMPACTED TO ELIMINATE VOIDS AND AIR POCKETS. WATER THOROUGHLY AS LAYERS ARE PLACED. FORM A 3" HIGH BERM OF SOIL BEYOND THE EDGES OF EXCAVATION. APPLY FERTILIZER AS SPECIFIED AND THEN MULCH WITH THE TYPE AND THICKNESS SPECIFIED ON PLANT LIST. PLANTING GROUNDCOVERS: LOOSEN SUBGRADE TO DEPTH OF 4" IN AREAS WHERE TOPSOIL HAS BEEN STRIPPED, AND SPREAD BACKFILL MIXTURE. SPACE PLANTS AS OTHERWISE INDICATED. DIG HOLES LARGE ENOUGH TO ALLOW FOR SPREADING OF ROOTS. COMPACT BACKFILL TO ELIMINATE VOIDS, AND LEAVE GRADE SLIGHTLY DISHED AT EACH PLANT. WATER THOROUGHLY. APPLY FERTILIZER AS SPECIFIED AND THEN MULCH WITH THE TYPE AND THICKNESS SPECIFIED ON PLANT LIST, LIFTING PLANT FOLIAGE ABOVE MULCH. MULCH SHALL BE SPREAD BEFORE PLANTING PLANTS IN POTS LESS THAN 1 GALLON SIZE (4", LINERS, ETC.). LAWN PREPARATION: LOOSEN SUBGRADE TO DEPTH OF 4" AND GRADE WITH TOPSOIL PROVIDED ON SITE OR IMPORTED TO FINISH DESIGN ELEVATIONS. ROLL PREPARED LAWN SURFACE. WATER THOROUGHLY, BUT DO NOT CREATE MUDDY SOIL CONDITION. FERTILIZE SOIL AT THE RATE OF APPROXIMATELY 10 LBS. PER 1000 S.F. SPREAD FERTILIZER OVER THE AREA TO RECEIVE GRASS BY USING AN APPROVED DISTRIBUTION DEVICE CALIBRATED TO DISTRIBUTE THE APPROPRIATE QUANTITY. DO NOT FERTILIZE WHEN WIND VELOCITY EXCEEDS 15 M.P.H. THOROUGHLY MIX FERTILIZER INTO THE TOP 2" OF TOPSOIL. MAINTENANCE SERVICE: MAINTENANCE AND GENERAL CLEAN UP SHALL BE PERFORMED DAILY. MAINTENANCE SHALL INCLUDE BUT NOT BE LIMITED TO WATERING, WEEDING, CULTIVATING, RESTORATION OF GRADE, REMOVAL OF LITTER, MOWING, PRUNING, RESETTING SETTLED PLANTS, REMOVING, REPAIRING OR REPLACING STAKES AND GUYS, PROTECTION FROM INSECTS AND DISEASES, FERTILIZATION AND SIMILAR OPERATIONS AS NEEDED TO ENSURE NORMAL GROWTH AND HEALTHY PLANT MATERIAL. MAINTENANCE SHALL BEGIN AFTER EACH PLANT IS PLANTED AND SHALL CONTINUE FOR NINETY (90) DAYS FROM THE DATE OF FINAL ACCEPTANCE. PLANT MATERIAL: WARRANTY: QUANTITIES, LOCATION AND SUBSTITUTIONS: FERTILIZATION: UTILITIES: LANDSCAPE CERTIFICATION: THE LANDSCAPE ARCHITECT SHALL PROVIDE FINAL CERTIFICATION TO THE OWNER AND MUNICIPALITY THAT PLANTS ARE INSTALLED PER THE DESIGN PLAN, DETAILS AND SPECIFICATIONS. ANY CHANGES TO THE PLAN WILL NEED TO HAVE THE LANDSCAPE ARCHITECT APPROVAL PRIOR TO INSTALLATION. CONFORMITY TO FLORIDA GRADE #1 IN THE ROOT BALL REQUIRES THE LANDSCAPE ARCHITECT TO INSPECT TREES PRIOR TO INSTALLATION AT THE SITE. IT IS THE RESPONSIBILITY OF THE OWNER/GENERAL CONTRACTOR/LANDSCAPE CONTRACTOR FOR ORGANIZING INSPECTIONS OF PLANT MATERIAL PRIOR TO INSTALLATION. Specifications - Exterior Plants SOIL ANALYSIS SHALL BE CONDUCTED BY THE LANDSCAPE CONTRACTOR PRIOR TO APPLICATION OF ANY SOIL AMENDMENTS, FERTILIZERS AND BACKFILL MIXTURES. THE LANDSCAPE CONTRACTOR SHALL USE A QUALIFIED SOIL TESTING LABORATORY THE RESULT OF THE SOIL TESTS SHALL BE SUBMITTED TO THE OWNER AND LANDSCAPE ARCHITECT FOR REVIEW PRIOR TO THE APPLICATION OF SAID MATERIALS. ADJUSTMENTS TO THE SOIL AMENDMENTS MAY BE MADE UPON CONSULTATION WITH THE OWNER AND THE LANDSCAPE ARCHITECT. QUALITY ASSURANCE: MYCORRHIZAL AMENDMENT SHALL BE DIEHARD™ TRANSPLANT AS MANUFACTURED BY HORTICULTURAL ALLIANCE OR E4UAL TO WITH THE FOLLOWIN* IN*REDIENTS ENDOMYCORRHIZAL FUNGI HORTA-SORB WATER MANAGEMENT GEL ECTOMYCORRHIZAL FUNGI TRICHODERMA BENEFICIAL BACTERIA YUCCA PLANT EXTRACTS HUMIC ACID VITAMIN B COMPLEX SOLUBLE SEA KELP AMINO ACIDS PRUNING OF TREES SHALL BE DONE ON SITE AFTER PLANTING FOR DAMAGED LIMBS OR AS DIRECTED TO IMPROVE OVERALL PLANT APPEARANCE. DO NOT REMOVE MORE THAN 15% OF BRANCHES. PRUNING METHODS SHALL FOLLOW STANDARD HORTICULTURAL PRACTICES USING APPROPRIATE TOOLS. LOPPING, SHEARING OR TOPPING OF PLANT MATERIAL WILL BE GROUNDS FOR REJECTION. DAMAGED, SCARRED, FRAYED, SPLIT OR SKINNED BRANCHES, LIMBS OR ROOTS TO BE PRUNED BACK TO LIVE WOOD. THE CENTRAL LEADER OR BUD SHALL BE LEFT INTACT UNLESS SEVERELY DAMAGED. 1.5: PRUNE SHRUBS TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE, THIN OUT STRUCTURE AND REMOVE NOT MORE THAN 15% OF BRANCHES. 1.6: DELIVERY, STORAGE AND HANDLING: 1.7: 1.8: 2.1: 2.2: 2.3: PLANTING SOIL MIX: PEAT HUMUS SHALL BE DECOMPOSED PEAT WITH NO IDENTIFIABLE FIBERS OR IF AVAILABLE, MUCK MAY BE SUBSTITUTED AND SHALL BE FREE FROM STONES, EXCESSIVE PLANT ROOTS, DEBRIS OR OTHER FOREIGN MATTER. MUCK SHALL NOT BE OVERLY SATURATED WITH WATER. 2.10: 3.2: 3.2: 3.4: 3.1: TOPSOIL SHALL BE FRIABLE FERTILE SOIL WITH REPRESENTATIVE CHARACTERISTICS OF AREA SOILS. IT SHOULD BE FREE OF HEAVY CLAY, SILT, STONE, EXCESS LIME, SHELL ROCK, PLANT ROOTS, WEEDS, DEBRIS OR OTHER FOREIGN MATTER. IT SHALL NOT CONTAIN NOXIOUS PLANT GROWTH (SUCH AS BERMUDA, TORPEDO OR NUT GRASS). IT SHALL TEST BETWEEN THE PH RANGE OF 5.0 TO 7.0 UNLESS OTHERWISE SPECIFIED AND CONTAIN NO TOXIC RESIDUE OR SUBSTANCES THAT WOULD ENDANGER PLANT GROWTH. IF TOPSOIL IS NOT AVAILABLE ON SITE, IT SHALL BE IMPORTED FROM LOCAL SOURCES WITH SIMILAR SOIL CHARACTERISTICS TO THAT FOUND AT PROJECT SITE. OBTAIN TOPSOIL ONLY FROM NATURALLY, WELL-DRAINED SITES WHERE TOPSOIL OCCURS IN A DEPTH NOT LESS THAN 4". TOP SOIL:2.4: SAND SHALL BE CLEAN, SALT-FREE AND CONTAINING NO EXTRANEOUS MATTER. INORGANIC SOIL AMENDMENTS:2.5: ORGANIC SOIL AMENDMENTS:2.6: FERTILIZE TURF AREAS WITH TYPE 1 FERTILIZER, COMPLYING WITH THE STATE FERTILIZER LAWS. THE FERTILIZER SHALL BE CHEMICALLY DESIGNATED WITH 12-8-8. PROVIDE AT LEAST 50% OF THE PHOSPHORIC ACID FROM NORMAL SUPER PHOSPHATE OR AN EQUIVALENT SOURCE PROVIDING A MINIMUM OF TWO UNITS OF SULFUR. THE AMOUNTS OF SULFUR AND ALL OTHER CHEMICAL SHALL BE INDICATED ON THE QUANTITATIVE ANALYSIS CARD ATTACHED TO THE UNOPENED BAG. Specifications - Lawns and Grasses Landscape Certification General Notes: 2.7: MULCH TO BE APPLIED TO ALL PLANTING BEDS, 3" THICK MIN. PINE STRAW MULCH SHALL BE APPLIED ONLY TO THOSE AREAS AS INDICATED ON THE PLAN. APPLY 6" FLUFFED, 2-3" THICK AFTER COMPACTION. 2.8:MULCHES: 1.4: PLANTING BED ESTABLISHMENT:3.1: PRODUCTS:2.1: SOD TYPE SPECIFIED ON PLANT LIST SHALL BE MACHINE STRIPPED NOT MORE THAN 24 HOURS PRIOR TO LAYING. LAY SOD STRIPS WITH TIGHT JOINTS, DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES. WORK SIFTED SOIL MIX INTO MINOR CRACKS BETWEEN PIECES OF SOD AND REMOVE EXCESS SOIL DEPOSITS FROM SODDED AREAS. SOD ON SLOPES GREATER THAN 3:1 SHALL BE STAKED IN PLACE. ROLL OR TAMP LIGHTLY AND WATER THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING. SODDING:3.2: FERTILIZER:2.3: SOD SHALL MEET AMERICAN SOD PRODUCES ASSOCIATION STANDARDS FOR NURSERY GROWN SOD FOR THICKNESS OF CUT, PAD SIZE, STRENGTH OF SECTIONS, MOISTURE CONTENT AND THATCH. SOD SHALL BE GUARANTEED TO BE UNIFORM IN COLOR, LEAF TEXTURE, AND SHOOT DENSITY AND FREE OF WEEDS, DISEASE, FUNGUS, INSECTS OR OTHER IMPERFECTIONS AND SUFFICIENTLY KNITTED TO SUSTAIN GROWTH. SOD SHALL BE MOWED FOR FINAL ACCEPTANCE. Know what's below. before you dig.Call R ALL PLANTING AREAS TO BE EXCAVATED TO A DEPTH OF 30" OR TO CLEAN, NATIVE SOIL AND WILL BE BACKFILLED WITH AN APPROPRIATE MIXTURE OF PLANTING SOIL AS SPECIFIED IN NOTE 2.10 PLANTING BED EXCAVATION: 384 385 POLY PIPE LATERAL LINE BELOW MULCH OR COVER GRADE. POLY PIPE TO BE BUBBLER TO BE FLUSH WITH AS NOTED TREE OR PALM RAIN BIRD MODEL 1404 (1 GPM) SWING PIPE BARBED FITTING PRESSURE COMPENSATING BUBBLER 18. All pop-up sprinkler heads shall be installed level and flush to grade. 19. Provide and install rain sensor where it will be exposed to unobstructed sun/rainfall and connect to irrigation controller. 20. All sleeves shall be 2 nominal pipe sizes larger than the size of the pipe to be accommodated. All pipe crossings over 5 feet in length shall be installed inside PVC pipe sleeving. 15. All 24 volt control cable to be UL Listed, single strand, type UF 600 Volt Common Wires - size AWG #14 and WHITE in color. Hot Wires - size AWG #14 and RED in color. Spare Wires - size AWG #14 and BLUE in color. 16. All splices to the 24 volt control wiring shall be made with DBY or equal 17. Run two (2) spare wires from controller in each direction of the mainline control cable. Size and color as follows: type connectors. 21. The irrigation contractor shall prepare an AS-BUILT drawing on reproducible paper showing all installation that deviates from these drawings. The AS-BUILT drawings shall locate all main line piping, control wires and valves by showing exact measurements from hard surfaces. 22. Any other equipment required that is not other wise detailed or specified shall be installed as per manufacturer's recommendations and specifications. open, "green" areas. IRRIGATION NOTES: with proposed trees or shrubs. 9. Install bubblers on all large trees and palms. 3. Do not willfully install the irrigation system as shown on the drawings when it is obvious in the field that conditions exist that might not have been considered in the design process. For example : obstructions, grade differences, water levels, dimensional differences, etc. Refer to the Landscape Plan to avoid conflicts 4. Piping may sometimes be indicated as being located in unlikely areas: i.e., under buildings or pavement, outside of property lines, in lakes or ditches, etc. This is done for graphic clarity only. Whenever possible, piping is to be installed in 11. Pipe sizes shall conform to those on the drawings. Substituting with smaller 12. Mainline shall be installed with a minimum of 24" depth of cover. pipe sizes will not be permitted. Remote Control Valves: standard 12" deep rectangle valve box Isolation Gate Valves: standard 12" deep rectangle valve box Wire Splices: standard 12" deep rectangle valve box 14. Refer to Valve Designation Symbols for valve size, station number and designed flow rate for each remote control valve. areas. All valves and wire splices shall be installed in heavy duty plastic 13. Wherever practical, install valves in mulched beds and/or out of high traffic valves boxes with covers that read irrigation and be sized as follows: Lateral lines shall be installed with a minimum of 18" depth of cover. open, "green" areas. 5. Contractor shall verify all underground utilities prior to commencement of work. The contractor is advised that city underground utilities are present in the work area. Contractor shall secure locates from utilities prior to any excavation. and edge of road or parking area. 6. Contractor shall install pop-up sprinklers 6" from edge of sidewalk, 12" from walls 7. Irrigation system design is diagrammatic to improve clarity. All mainline piping, electric valves and wiring are to be installed in landscape areas and within Right of Way boundaries. use permits. 8. If required, the Irrigation Contractor shall provide the necessary "Right of Way" 10. Size all pipe to insure flow velocity is under 5 feet per second. 1. Irrigation system design requirements: 70 GPM minimum @ 80 PSI minimum at the point of connection. The connection point shall feature a 3 HP booster pump supplying water from an existing 2-inch reclaimed water meter at the location indicated on the plan. The Irrigation Contractor shall verify the available GPM and 23. The final location of all components shall be approved by the project engineer. to furthest valves. 2. Contractor shall provide materials that conform to the use of reclaimed water. All pipe, sprinkler heads, valves. and valve covers shall be marked and/or the color purple pantone 522 to indicate reclaimed water in use. PSI prior to installation of the system. SWING JOINT: RAIN BIRD SPX SERIES SWING PIPE SB SERIES BARB FITTINGS LATERAL TEE OR ELL FINISH GRADE LATERAL PIPE 6" POP-UP SPRAY HEAD: 2 3 4 5 6 PLASTIC NOZZLE:1 RAIN BIRD HE-VAN SERIES NOZZLE RAIN BIRD RD-06-P30-NP 1 2 3 5 4 6 3" MIN. RAIN BIRD MODEL 150PESB-R REMOTE CONTROL VALVE: FINISH GRADE/TOP OF MULCH VALVE BOX WITH PURPLE COVER: PVC BALL VALVE (1-1/2") 13-3/4" x 23-1/4" NOMINAL PVC SCH 80 NIPPLE (CLOSE) PVC SCH 40 ELL BRICK (1 OF 4) PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) PVC MAINLINE PIPE SCH 80 NIPPLE (2-INCH LENGTH, HIDDEN) AND PVC SCH 40 TEE OR ELL 6" WASHED GRAVEL 3 4 5 6 7 8 9 11121314 SCH 40 ELL 1 2 3 5 6 4 7 8 10 9 11 12 13 14 10 15 2 15 1 PVC SCH 40 MALE ADAPTER PVC LATERAL PIPE PVC SCH 80 NIPPLE (4" MIN.) NOT TO SCALE 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS. 2. DO NOT SCALE DRAWINGS. NOTES: FINISH GRADE GATE VALVE - LINE SIZE BRICK (1 OF 4) PVC MAINLINE PIPE 1 2 1 3 2 5 4 5 6 PVC SCH 40 MALE ADAPTER 3 4 678 7 FILTER FABRIC - WRAP TWICE AROUND BRICK SUPPORTS 8 3/4" WASHED GRAVEL 4" MINIMUM DEPTH NOTES: 1. ALL PVC IRRIGATION SLEEVES TO BE SCHEDULE 40 PIPE. 2. ALL JOINTS TO BE SOLVENT WELDED AND WATERTIGHT. 3. MECHANICALLY TAMP TO 95% PROCTOR. 30" MIN. 24" MIN. TO FINISH GRADE 18" MIN. 4" MIN. CLEARANCE PAVING SLEEVES DITCH PVC CAP (TYPICAL) PVC CAP PAVING (TYPICAL) NOTES: 1. SLEEVE BELOW ALL HARDSCAPE ELEMENTS WITH SCHEDULE 40 PVC TWICE THE DIAMETER OF THE PIPE OR WIRE BUNDLE WITHIN. 2. FOR PIPE AND WIRE BURIAL DEPTHS SEE SPECIFICATIONS.24" MIN.CLEAN, COMPACTED, SUITABLE NATIVEBACKFILL. SCH 40 PVC MAIN LINE. BUNDLE CONTROLLER WIRES UNDER MAIN LINE ON OPPOSITE SIDE FROM SWING JOINTS (WHEN LATERAL & MAIN SHARE THE SAME TRENCH). NOTE: TAPE WIRES PER SPEC. BUT DO NOT TAPE BUNDLED WIRES TO MAIN LINE. FINISH GRADE MAIN LINE TRENCH 18" (TYP.)MAIN LINE & LATERAL IN SAME TRENCH FINISH GRADE CLEAN, COMPACTED, SUITABLE NATIVE BACKFILL. CLASS 200 PVC LATERAL LINE SCH 40 PVC MAIN LINE. BUNDLE CONTROLLER WIRES BESIDE/BELOW MAIN LINE ON OPPOSITE SIDE FROM SWING JOINTS NOTE: TAPE WIRES PER SPEC. BUT DO NOT TAPE BUNDLED WIRES TO MAIN LINE.24" (TYP.)EFFICIENT PUMP SYSTEM AS MANUFACTURED BY SULLIVAN ELECTRIC AND PUMP , INC. PHONE (800) 991-2770 PUMP CONDITIONS ARE: 80 GPM @ 84 TDH APPROXIMATE OPERATING PRESSURE : 40 BOOST MODEL # EPS-ICB-3-230-1-VFDP-80-84-MV HP : 3 VOLTAGE : 240/120 NEUTRAL MUST INSTALLED WITH SUPPLIED FEEDER. PHASE : 1 PHASE MINIMUM CIRCUIT AMPERAGE : 30 AMP SUCTION: 2" STEEL AFG SUCTION ISOLATION VALVE: 2" VICTAULIC BUTTERFLY. PUMP: GOULDS 22BFK 5 1/2" TRIMMED IMPELLER MOTOR: 3 HP TEFC. STATION DISCHARGE MANIFOLD:2" SCH 40 STEEL VICTUALIC CONNECTED. MASTER VALVE: 2" NETAFIM DISCHARGE CHECK VALVE: 2" VICTAULIC SWING TYPE DISCHARGE ISOLATION VALVE: 2" VICTAULIC BUTTERFLY BYPASS VALVE: 2" VICTAULIC BUTTERFLY DISCHARGE: 2" STEEL CONTROL: EPS NEMA 3R CONTROL PANEL WITH DISCONNECT, IQ PUMP VARIABLE FREQUENCY DRIVE, FUSE PROTECTION, SURGE PROTECTIVE DEVICE, PRESSURE TRANSDUCER, HMI OPERATOR INTERFACE, IRRIGATION CLOCK CIRCUIT AND ETL LISTING BUILT TO UL 508A SPECIFICATIONS. VALVE BOX WITH PURPLE COVER: 13-3/4" x 23-1/4" NOMINAL SWING JOINT: RAIN BIRD SPX SERIES SWING PIPE SB SERIES BARB FITTINGS LATERAL TEE OR ELL FINISH GRADE LATERAL PIPE 12" POP-UP SPRAY HEAD: 3 4 5 6 7 PLASTIC NOZZLE:2 RAIN BIRD HE-VAN SERIES NOZZLE RAIN BIRD RD-12-P30-NP 2 3 4 6 5 7 1 PLANT MATERIAL1 IRRIGATION CONTROLLER 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS. 2. DO NOT SCALE DRAWINGS. NOTES: IRRIGATION CONTROLLER: RAIN BIRD ESP-LXME CONTROLLER IN PLASTIC CABINET WITH WALL MOUNT. INSTALL CONTROLLER AND CABINET PER MANUFACTURER'S RECOMMENDATIONS. JUNCTION BOX 1-INCH CONDUIT AND FITTINGS TO POWER SUPPLY POWER SUPPLY WIRE 2-INCH CONDUIT AND FITTINGS FOR STATION WIRES WIRES TO REMOTE CONTROL VALVES NOTES: 1. USE STEEL CONDUIT FOR ABOVE GRADE AND SCH 40 PVC CONDUIT FOR BELOW GRADE CONDITIONS. 2. PROVIDE PROPER GROUNDING COMPONENTS TO ACHIEVE GROUND RESISTANCE OF 10 OHMS OR LESS. 1 2 3 4 5 6 1 2 3 5 6 4 RAIN BIRD FALCON 6504 RAIN BIRD FALCON 6504 1" PVC SCH 80 NIPPLE (LENGTH AS REQUIRED) 1 2 3 4 3 2 4 5 6 7 1 65 3 7 5R FC/PC-SS-NP ROTOR POP-UP SPRINKLER: 1" PVC SCH 40 ELL 1" PVC SCH 40 STREET ELL PVC LATERAL PIPE PVC SCH 40 TEE OR ELL FINISH GRADE SLEEVING NO SCALE GATE VALVE NO SCALE REMOTE CONTROL VALVE PRESSURE COMPENSATING BUBBLER6-INCH POP-UP SPRAY HEAD NO SCALENO SCALE 12-INCH POP-UP SPRAY HEAD NO SCALE ROTOR POP-UP SPRINKLER NO SCALE IRRIGATION TRENCH DETAIL NO SCALE Boynton Beach, FloridaIrrigation PlanDesigned: Drawn: Approved: Job no. Revisions: Date: CLS CLS 02-12-25 01-31-25 386 WIRING, OPERATORS, AND OTHER ACCESSORIES. B. ALL CONTROL, GATE, OR OTHER VALVES, INCLUDING VALVE BOXES, MARKERS, CONNECTIONS, A. ALL PIPING, INCLUDING MAINS, LATERALS, FITTINGS, CONNECTIONS, TEES, RISERS, CLAMPS, OF THIS CONTRACT UNTIL ACCEPTED BY THE OWNER. WORK SHALL INCLUDE THE FOLLOWING: TO COMPLETE ALL IRRIGATION WORK AS SHOWN ON THE DRAWINGS, AND AS HEREIN SPECIFIED. D. ALL DIMENSIONS INDICATED FOR THE IRRIGATION DESIGN ARE APPROXIMATE. PRIOR TO PLANS SHOWING THE IRRIGATION SYSTEM AS INSTALLED. FIELD. UPON COMPLETION OF THE WORK, FURNISH THE OWNER WITH A COMPLETE SET OF SHOW CHANGES IN THE LOCATION OF SPRINKLERS, CONTROLLERS, PUMPS, PIPING, AND OTHER C. PROVIDE AND KEEP UP TO DATE A COMPLETE SET OF DRAWINGS, CORRECTED DAILY TO INSTALLATION INSTRUCTIONS. INCLUDE OTHER DATA AS MAY BE REQUIRED TO SHOW A. THE CONTRACTOR SHALL MAKE ALL SUBMITTALS IN ACCORDANCE WITH THE GENERAL G. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ADJUSTING HEAD LOCATION AND ANY OTHER AND EQUIPMENT REQUIRED FOR A COMPLETE AND PROPER SYSTEM. MAY NOT INDICATE ALL ITEMS NECESSARY FOR THE PROPER IRRIGATION OF THE PROJECT. THIS FOR THE IRRIGATION OF ALL LANDSCAPING ON THE PROJECT SITE. PLANS AND SPECIFICATIONS OF ANY ASPHALT AREAS TRENCHED FOR PIPES AND SLEEVING. E. ALL EXCAVATION, SITE WORK, RELOCATION OR REPLACEMENT OF UTILITIES, BACK FILL AND PLANS AND ALL OTHER EQUIPMENT AND ACCESSORIES NECESSARY FOR PROPER OPERATION. CONTROL WIRING CONNECTIONS AND ELECTRICAL CONNECTIONS. AND REPORT ALL VARIATIONS FROM THOSE INDICATED IN THE IRRIGATION PLAN TO THE OWNER IN PROCEEDING WITH THE WORK, CONTRACTOR SHALL CAREFULLY CHECK AND VERIFY ALL DIMENSIONS WITH ACTUAL MEASUREMENTS TO REFERENCE POINTS SO THEY MAY BE LOCATED EASILY IN THE DEVIATIONS FROM THE IRRIGATION DESIGN DRAWING. SHOW REMOTE CONTROL VALVE LOCATIONS B. SUBMIT COPIES OF MANUFACTURER'S TECHNICAL DATA AND INSTALLATION INSTRUCTIONS FOR CONDITIONS. SHOP DRAWINGS SHALL INCLUDE MANUFACTURER'S PRODUCT SPECIFICATIONS AND SHALL NOT RELIEVE THE CONTRACTOR OF HIS OR HER RESPONSIBILITY TO FURNISH LABOR, MATERIALS F. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING A COMPLETE AND OPERABLE SYSTEM RESTORATION OF ALL DISTURBED AREAS INCLUDING THE CUTTING, BACK FILLING AND RESURFACING D. ALL SPRINKLER HEADS, INCLUDING PROPER NOZZLES AS CALLED FOR HEREIN AND SHOWN ON THE C. COMPLETE AUTOMATIC CONTROL SYSTEM AS SHOWN ON THE DRAWINGS, INCLUDING CONTROLLER, WORK SHALL INCLUDE ALL CONSTRUCTION AND MAINTENANCE/WATERING OF ALL IRRIGATION AREAS THE WORK CONSISTS OF FURNISHING ALL LABOR, MATERIAL, EQUIPMENT, TRANSPORTATION, ETC.., IDENTIFICATION OF THE MANUFACTURER, TYPE, CLASS AND SIZE. A. ALL PIPE SHALL BE NEW AND FREE FROM DEFECTS, AND CONTINUOUSLY MARKED WITH OWNER AT THE FINAL ACCEPTANCE OF THE PROJECT. C. ALL MATERIAL AND MANUFACTURER WARRANTIES AND GUARANTEES SHALL BE GIVEN TO THE PROVISION DOES NOT INCLUDE UNPACKING FOR INSPECTION PURPOSES. CONTAINERS UNTIL SUCH TIME AS THEY ARE EMPLOYED IN THE PROJECT CONSTRUCTION. THIS 1.04 DELIVERY, STORAGE AND HANDLING FINES ASSESSED BY DISRUPTING A UTILITY ARE THE RESPONSIBILITY OF THE CONTRACTOR. THE PLANS AND PROVIDING PROPER PROTECTION FOR THE UTILITIES. ANY CHARGES OR 3. THE CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UTILITIES SHOWN OR NOT SHOWN ON OF THE PUBLIC. THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY NEGLIGENCE IN CAUSE AND SHALL PROVIDE AND MAINTAIN ALL NECESSARY GUARDS FOR THE PROTECTION 2. THE CONTRACTOR SHALL PROTECT ALL MATERIALS AND WORK AGAINST INJURY FROM ANY 1. THE CONTRACTOR IS ENTIRELY RESPONSIBLE FOR THE WORK UNTIL THE WORK IS OR THAT WAS INSTALLED IN VIOLATION OF THE STANDARDS OUTLINED IN THIS SECTION. READING BLUEPRINTS AND COORDINATION WITH OTHERS PERFORMING SERVICES IN THE JOB FOREMAN WELL VERSED IN STANDARD PLUMBING PROCEDURES, PVC ASSEMBLY PROCEDURES, CONTRACTORS EXPENSE AT NO ADDITIONAL COST TO THE OWNER. MADE TO CONFORM WITH SAID CODES, LAWS AND ORDINANCES SHALL BE COMPLETED AT THE ACCORDANCE WITH ALL APPLICABLE CODES, ORDINANCES, AND LAWS OR ANY MODIFICATIONS E. ALL SLEEVES SHALL BE 2 NOMINAL PIPE SIZES LARGER THAN THE SIZE OF PIPE TO BE SYSTEM SHALL REMAIN OUT OF SERVICE FOR THE PERIOD OF TIME SPECIFIED BY THE GLUE SCREW JOINT PIPE JOINT COMPOUND. UPON COMPLETION OF GLUE JOINTS, THE IRRIGATION COMPATIBLE WITH THE PVC PIPE USED. SCREW JOINTS SHALL BE MADE WITH AN ACCEPTABLE TREATED WITH A HIGH ETCH PVC CLEANER. THE CLEANER AND SOLVENT USED SHALL BE D. PRIOR TO THE CONNECTION OF ANY JOINT WITH PVC GLUE, THE FITTING AND PIPES SHALL BE SHALL BE SOCKET TYPE, DESIGNED FOR SOLVENT TYPE APPLICATION. TO ASTM RESIN SPECIFICATIONS D1784 AND D2241. ALL PIPE FOR REUSE WATER SHALL BE THE MANUFACTURED FROM CLEAN, VIRGIN, NSF APPROVED TYPE 1, GRADE 1, PVC, CONFORMING OTHERWISE SPECIFIED, SHALL BE PVC, MINIMUM OF SCHEDULE 40. PIPE AND FITTINGS SHALL BE PVC FITTINGS. PLASTIC PIPE USED FOR LATERALS SHALL BE CLASS 200 IPS, SDR 21 (MINIMUM), UNPLASTICIZED POLYVINYL CHLORIDE PIPE, SOLVENT WELD TYPE, FOR USE WITH SCHEDULE 40 B. PLASTIC PIPE FOR THE MAIN WATER LINES, AND ALL SLEEVES, SHALL BE SCHEDULE 40 C. ALL TAPS ON MAIN OR LATERALS SHALL BE MADE WITH TEES. ALL NON-THREADED TYPE JOINTS UNPLASTICIZED POLYVINYL PIPE, TYPE 1120 OR 1220, SOLVENT WELD TYPE. FITTINGS, EXCEPT AS B. ANY SUBSTITUTIONS MADE FOR REASONS OF UNAVAILABILITY OF MATERIALS OR OTHER REASONS A. MATERIALS DELIVERED TO THE SITE SHALL BE LEFT IN THEIR ORIGINAL BOXES, WRAPPINGS OR C. TESTING: THE CONTRACTOR SHALL REPLACE ALL WORK THAT FAILS THE TESTING REQUIREMENTS ON THE WORK SITE AT ALL TIMES, AND SHALL BE FULLY AUTHORIZED AS THE CONTRACTOR'S AGENT AREAS IN ORDER TO EXECUTE INSTALLATION RAPIDLY AND CORRECTLY. THE FOREMAN SHALL BE B. THE CONTRACTOR SHALL HAVE HIS LABOR CREWS CONTROLLED AND DIRECTED BY AN IRRIGATION A. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONSTRUCTING THE SYSTEM IN COMPLETE ACCOMMODATED. MANUFACTURER. PART 2 - MATERIALS MUST BE APPROVED BY THE OWNER. THE PROTECTION OF THE WORK. 2.01 PIPE THE IRRIGATION SYSTEM. 1.03 GENERAL REQUIREMENTS DETERMINED TO BE SUBSTANTIALLY COMPLETE. D. CONTRACTOR'S RESPONSIBILITY: ON THE JOB. WRITING. SWING JOINTS. COMPLIANCE WITH THESE SPECIFICATIONS. OF THE LANDSCAPING AS INSTALLED. SYSTEM COMPONENTS TO INSURE 100% COVERAGE AND TO COMPLY WITH THE REQUIREMENTS 1.02 SUBMITTALS: 1.01 SCOPE OF WORK: IRRIGATION SYSTEM PART 1-GENERAL OWNER. TO MANUFACTURER'S RECOMMENDATIONS. INSTALL ALL VALVE BOXES AS INDICATED ON DRAWINGS. COVERING WITH A LAYER OF CLEAN SANDY MATERIAL. PIPE SHALL ALSO BE COVERED WITH FILL B. PRIOR TO BACK FILL, PVC PIPE IN TRENCH SHALL BE PROTECTED FROM DIRECT SUNLIGHT BY EACH PIPE SHALL BE LAID IN ACCORDANCE WITH LINES SHOWN ON THE DRAWINGS. CLEAN AND CHECKED FOR PRESENCE OF ORGANIC OR FOREIGN MATERIAL PRIOR TO INSTALLATION. A. PVC PIPE SHALL BE PROTECTED FROM DIRECT SUNLIGHT WHILE IN STORAGE. PIPE SHALL BE KEPT D. INSTALL ELECTRIC REMOTE CONTROL VALVES AS INDICATED ON THE DRAWINGS AND ACCORDING OF SAID STRUCTURE IS AT FINISHED GRADE UNDER LAID WITH A MINIMUM OF 6" OF 3/4" GRAVEL. C. INSTALL ALL VALVE BOXES, OR ANY OTHER MISCELLANEOUS MARKER OR ACCESS BOX SO THE TOP 5' IN WIDTH. ALL SLEEVES UNDER ROADWAYS AND PARKING LOTS SHALL BE INSTALLED A MINIMUM B. INDIVIDUALLY SLEEVE ALL PVC PIPING THAT CROSS WALKWAYS AND PATHWAYS MORE THAN THOROUGHLY FLUSHED PRIOR TO INSTALLATION OF ANY SPRINKLER NOZZLES. TESTED AS SPECIFIED PRIOR TO MAKING ANY LATERAL CONNECTIONS. ALL LATERAL LINES SHALL BE EQUIPMENT JOINTS SHALL BE WATER TIGHT. THE MAIN LINE SHALL BE FLUSHED AND PRESSURE AND SHALL PROCEED FROM POINT OF CONNECTION OF WATER SUPPLY. ALL PIPING AND D. INSTALLATION OF SYSTEM PIPING SHALL BE IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS IRRIGATION SYSTEM SHALL BE FURNISHED TO THE LANDSCAPE ARCHITECT OR OWNER AS ARCHITECT AND SHALL BE RECORDED AS WORK PROGRESSES AND AS-BUILT DRAWINGS OF COMPLETE C. SUBSTANTIAL DEVIATION FROM THE PIPING LAYOUT SHALL BE APPROVED BY THE LANDSCAPE MATERIAL, OTHERWISE ANCHORED, TO PREVENT FLOATING IN EVENT WATER ENTERS TRENCH PRIOR OF 30" BELOW GRADE. TO COMPLETE BACKFILLING. PREVIOUSLY SPECIFIED IN THIS SECTION. 3.04 PIPING TYPE "UF", 600 VOLT, STRANDED OR SOLID COPPER, SINGLE CONDUCTOR WIRE WITH PVC INSULATION AND BEAR UL APPROVAL FOR DIRECT UNDERGROUND BURIAL FEEDER CABLE. AUTOMATIC REMOTE CONTROL VALVES TO THE AUTOMATIC CONTROLLERS SHALL BE BE NOT LESS THAN 14 GAUGE. ALL WIRING TO BE USED FOR CONNECTION TO THE A. ELECTRIC CONTROL WIRE - ALL ELECTRIC CONTROL AND GROUND WIRE SHALL C. VERIFICATION OF WIRE TYPES AND INSTALLATION PROCEDURES SHALL BE CHECKED TO CONFORM THROUGH AWG SIZE 00 SHALL BE INSULATED WITH 5/64" THICK MINIMUM COVERING. PROTECTION OF SIZES AWG SIZE 18 THROUGH AND INCLUDING AWG SIZE 10. AWG SIZE 8 B. INSULATION SHALL BE 4/64" THICK MINIMUM COVERING FOR POSITIVE WATERPROOF DIAMETER OF THROW AND GALLONAGE AT GIVEN PRESSURES. THE VALVE WITHOUT REQUIRING ITS REMOVAL FROM THE VALVE BOX. THE CONTROLLER SHALL BE SECURELY MOUNTED AS NOTED IN THE DRAWINGS. MINIMUM DEPTH OF COVER OVER PIPING 2" AND SMALLER. A. BACK FILL OVER-EXCAVATION OF TRENCHES UNDER PIPE WITH CLEAN, SANDY FILL MATERIAL, FREE D. EXCAVATE TRENCHES TO A WIDTH TO ALLOW A MINIMUM OF 6" BETWEEN PARALLEL PIPE LINES. C. PROVIDE 24" COVER OVER MAINLINES AND OVER BRANCH LINES 2-1/2" AND LARGER AND 18" DEEPER THAN ORDINARILY REQUIRED AND SPREAD A 6" LAYER OF SAND TO PROVIDE A FIRM MATTER. IF SUCH MATERIALS ARE ENCOUNTERED IN TRENCHING, EXCAVATE TRENCH 6 INCHES B. MAKE TRENCH BOTTOMS SMOOTH, CLEAN AND FREE OF ALL STONES, STUMPS AND ORGANIC EXCAVATION. PROVIDE ADDITIONAL SUITABLE FILL MATERIALS REQUIRED FOR BACK FILLING OF DISPOSE OF, OFF SITE, ALL ORGANIC OR UNSUITABLE FILL MATERIALS REMOVED DURING SUFFICIENT DISTANCE FROM TRENCH TO AVOID OVERLOADING, SLIDES AND/OR CAVE-INS. ENCOUNTERED IN TRENCH AREA. PILE EXCAVATION MATERIAL SUITABLE FOR BACK FILL AT A INCLUDING ALL NECESSARY CLEARING AND GRUBBING OF ANY FOREIGN SUBSTANCE A. PERFORM ALL EXCAVATION NECESSARY TO INSTALL THE SYSTEM AS INDICATED ON DRAWINGS, B. ALL SPRINKLER NOZZLES SHALL PERFORM TO THE MANUFACTURERS SPECIFICATIONS CONCERNING A. PROVIDE ALL SPRINKLERS AS SHOWN ON IRRIGATION DESIGN DRAWINGS, OR AN EQUAL ACCEPTED AS NOTED ON THE DRAWINGS. VALVE BOXES SHALL BE SIZED LARGE ENOUGH TO ALLOW REPAIR OF B. AUTOMATIC CONTROL VALVES SHALL BE AS NOTED ON THE DRAWINGS. ALL VALVES SHALL BE SIZED A. AUTOMATIC CONTROLLER WITH WEATHER SENSOR, SHALL BE AS NOTED ON DRAWINGS. D. PULSE CIRCUIT WIRES SHALL BE RED IN COLOR. ALL COMMON WIRE SHALL BE WHITE AND SPARES ANY REQUIRED REMOVAL AND REPLACING OF MATERIALS WITHOUT ADDITIONAL EXPENSE TO THE PRESENT A REASONABLE NEAT AND WORKMANLIKE APPEARANCE. PERFORM AND COMPLETE RIGHT TO ORDER REMOVAL OF REPLACEMENT OF ANY ITEM WHICH, IN HIS OPINION, DO NOT RECOMMENDATIONS OF THE MANUFACTURERS OF THE MATERIALS. THE OWNER RETAINS THE A. INSTALL ALL MATERIALS AND EQUIPMENT IN A NEAT AND WORKMANLIKE MANNER FOLLOWING THE WITH PAVING OPERATION TO ASSURE ALL SLEEVES ARE INSTALLED UNDER DRIVES AND D. NO PAVEMENT EXCEPT AS NOTED, SHALL BE CUT TO INSTALL IRRIGATION WORK. COORDINATE C. INSTALL WIRE IN TRENCH WITH PIPE, TAPING WIRE TO PIPE AT 10 FOOT INTERVALS. B. BACK FILL TRENCHES FROM 2" ABOVE TOP OF PIPE UP TO FINISH GRADE WITH CLEAN SANDY FILL OF ORGANIC MATERIALS AND OBJECTS LARGER THAN 1/4" DIAMETER. BACK FILL ONLY AFTER EXCAVATED AREAS. 3.02 BACK FILLING BEDDING FOR THE PIPE. WALKWAYS PRIOR TO PAVING. PRESSURE TESTING. 3.03 INSTALLATION MATERIAL REMOVED BY EXCAVATION. PART 3 - EXECUTION 2.05 SPRINKLER HEADS 2.04 CONTROL EQUIPMENT 3.01 TRENCHING IN WRITING. TO LOCAL CODES. SHALL BE BLUE IN COLOR. 2.03 CONTROL LINES DEFECTS IN MATERIALS, EQUIPMENT AND WORKMANSHIP. GUARANTEE SHALL ALSO COVER A. ALL WORK SHALL BE GUARANTEED FOR ONE YEAR FROM DATE OF ACCEPTANCE AGAINST ALL REPAIRS, IF REQUIRED, SHALL BE DONE PROMPTLY AT NO COST TO THE OWNER. IN MATERIAL, EQUIPMENT AND WORKMANSHIP TO THE SATISFACTORY OF THE OWNER. REPAIR OF DAMAGE TO ANY PART OF THE PREMISES RESULTING FROM LEAKS OR OTHER DEFECTS BY THE WIRE MANUFACTURER. 3.06 ELECTRICAL COMPONENTS NEAR THE HIGH SIDE OF THE SLOPE. TO PROTECT EACH AUTOMATIC CONTROLLER. INSTALLATION OF THE CONTROLLERS. D. INSTALL ALL SHRUB ADAPTERS ON SCH 40 PVC PIPE A MINIMUM OF 12" ABOVE TOP OF PLANT ALL WARRANTY INFORMATION TO OWNER. STATION ADJUSTMENTS ON THE CONTROLLERS. PROVIDE EACH INDIVIDUAL CONTROLLER WITH A SEPARATE COMMON GROUND WIRE CONTROLLER, TO A COMMON GROUND WIRE OF A SIZE NOT LESS THAN 14 GAUGE. C. PROVIDE WIRE SIZES TO REMOTE CONTROL VALVES NOT LESS THAN 14 GAUGE. CONTROLLERS IN ACCORDANCE WITH THE SPECIFICATIONS AND/OR IRRIGATION DRAWINGS. SUBMIT SHEETS, AND CATALOG SHEETS TO THE SCHEDULES AND PROGRAMMING OF THE AUTOMATIC PROVIDE COPIES OF MATERIALS, ALL PARTS LISTS, TROUBLE SHOOTING LISTS, SPECIFICATIONS MAINTENANCE PERSONNEL IN THE OPERATION, MAINTENANCE, AND REPAIR OF THE SYSTEM. D. UPON COMPLETION OF THE WORK AND FINAL ACCEPTANCE BY THE OWNER, TRAIN OF THE CONTROLLERS, WATER QUALITY CONTROL EQUIPMENT, SPRINKLER HEADS, AND INDIVIDUAL THE SYSTEM IS EFFICIENT. BALANCING AND ADJUSTMENT SHALL INCLUDE A SYNCHRONIZATION C. ADJUST THE VARIOUS COMPONENTS OF THE SPRINKLER SYSTEM SO THE OVERALL OPERATION OF CAREFULLY ADJUST LAWN SPRINKLER HEADS SO THAT THEY WILL BE FLUSH WITH FINISH GRADE. B. AFTER COMPLETION OF GRADING, SEEDING OR SODDING, AND ROLLING OF GRASS AREAS, REQUIREMENTS ARE BASED ON OPERATION OF ONE CIRCUIT AT A TIME. REQUIREMENTS AND THAT AUTOMATIC CONTROLS FUNCTION PROPERLY. COVERAGE ADJUSTED TO FINAL POSITION. DEMONSTRATE TO OWNER THAT SYSTEM MEETS COVERAGE A. PERFORM OPERATIONAL TESTING AFTER BACK FILL IS IN PLACE, AND SPRINKLER HEADS ARE G. USE DIELECTRIC FITTINGS AT CONNECTION WHERE PIPES OF DISSIMILAR METAL ARE JOINED. F. INSTALL LIGHTNING PROTECTION IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS EQUIPMENT WITH LOCATION OF ALL CONTROLLERS APPROVED BY THE OWNER BEFORE THE ACTUAL E. INSTALL ALL CONTROLLERS IN ACCORDANCE WITH THE REQUIREMENTS OF THE MANUFACTURER OF THE SIDES OF ALL BOXES ARE PARALLEL TO EACH OTHER. D. INSTALL ALL VALVE BOXES SO THAT THE TOPS OF ALL BOXES ARE LEVEL WITH EACH OTHER AND BE MANUFACTURED IN THE FIELD ONLY USING SCHEDULE 80 NIPPLES AND COUPLINGS. INSTALL CONTROL VALVE CONFIGURATION PIPING SHALL NOT BE OF THE PREFABRICATED TYPE BUT SHALL ONE SPECIFIC CONTROLLER, TO THAT CONTROLLER'S COMMON GROUND WIRE SYSTEM. THE CONTROLLERS. CONNECT ONLY THOSE REMOTE CONTROL VALVES THAT ARE BEING CONTROLLED BY WIRE SYSTEM ENTIRELY INDEPENDENT OF THE COMMON GROUND WIRE SYSTEM OF ALL OTHER CONNECT ALL REMOTE CONTROL VALVES, WHICH ARE TO BE CONNECTED TO THE SAME BOXES. MAKE SPLICES USING UL LISTED WATERPROOF WIRE CONNECTORS AS RECOMMENDED BROUGHT TO THE SURFACE WITHOUT DISCONNECTING THE WIRES. SPLICE ALL WIRE IN VALVE SUFFICIENT SLACK SO THAT IN CASE OF REPAIR THE VALVE BONNET OR SPLICE MAY BE B. CONNECTIONS AT ALL REMOTE CONTROL VALVES AND AT ALL WIRE SPLICES, LEAVE WIRE WITH AS POSSIBLE AND WITH AS MUCH SLACK AS POSSIBLE TO ALLOW FOR THE EXPANSION AND WITH ELECTRICAL TAPE NOT MORE THAN 10 FEET O.C. SNAKE WIRE INTO THE TRENCH AS LOOSE WHEREVER POSSIBLE AND PLACE UNDER THE PVC PIPING. TAPE CONTROL WIRES TOGETHER A. SIZE ALL ELECTRIC CONTROL WIRE AS PREVIOUSLY STATED, INSTALL IN THE PIPING TRENCHES IF THE TREE IS LOCATED ON A SLOPE, THE BUBBLER SHOULD BE LOCATED AT THE TREE BALL E. ALL BUBBLERS SHALL BE INSTALLED IMMEDIATELY ADJACENT TO THE TREE TO BE IRRIGATED. MATERIAL. FROM OTHER BOUNDARIES, UNLESS OTHERWISE INDICATED. C. LOCATE PART-CIRCLE HEADS TO MAINTAIN A MINIMUM DISTANCE OF 12" FROM WALLS AND 6" JOINTS AND SPRINKLERS SHALL BE CLEAN SAND FILL MATERIAL FREE OF ROCKS, ORGANICS, OR WITH A FLAG TO ASSIST IN PREVENTING DAMAGE TO SPRINKLER HEADS. BACK FILL AROUND SWING MANUFACTURERS RECOMMENDATION WITH RESPECT TO THE FINISHED GRADE LEVEL, AND MARKED SPRINKLER HEAD SHALL BE INSTALLED SO THAT THE TOP IS IN ACCORDANCE WITH THE B. ALL SPRINKLER HEADS SHALL BE INSTALLED ON SWING JOINT AS SHOWN ON THE DRAWINGS. THE A. PRIOR TO INSTALLING SPRINKLER HEADS AND DRIPLINE, FLUSH CIRCUIT LINES WITH WATER UNTIL 3.08 WARRANTY 3.07 TESTS ALL VALVES IN VALVE BOXES. OTHER FOREIGN DEBRIS. CONTRACTION OF THE WIRE. 3.05 SPRINKLERS FREE OF DEBRIS. COLOR PURPLE PANTONE 522. A. REMOTE CONTROL VALVES: PROVIDE REMOTE CONTROL VALVES OF TYPE AND SIZE SHOWN ON 2.06 VALVES DRAWINGS, EACH IN A VALVE BOX AS SPECIFIED ON DRAWINGS. B. GATES VALVES: PROVIDE HEAVY DUTY BRASS GATE VALVE WITH MALE THREADS. VALVES SHALL BE RATED AT 200 PSI WORKING PRESSURE WITH A NON-RISING STEM. Boynton Beach, FloridaIrrigation PlanDesigned: Drawn: Approved: Job no. Revisions: Date: CLS CLS 02-12-25 01-31-25 387 City of Boynton Beach Sara Sims Cemetery Future Land Use, Rezoning and a Major Site Plan Amendment with Variance October 9, 2025 On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. is requesting a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment to the existing Sara Sims Cemetery. The subject site is located on southwest corner of the intersection of Mar tin Luther King Boulevard and N. Seacrest Boulevard in the City of Boynton Beach, Florida. The overall request is to increase the number of plots available to the community through both Phase 1 and Phase 2. There are still legal encumbrances on the Phase 2 limits which may take some time to resolveCurrently, the Applicant (the City) is requesting approval of Phase 1 and come forward in the future with Phase 2. Project Narrative The Sara Sims Cemetery exists today and was established in 1957 to serve historically the African American community. The City of Boynton Beach owns the cemetery along with the recreational park bearing the same name to its immediate west. The cemetery serves as green open space and respite for the busy suburban area. It is a cemetery with small ground markings and no vertical headstones. Due to limited capacity at the existing cemetery site, the City is initiating an expansion project to better serve the community’s long-term needs and almost doubling the number of plots. The planned expansion includes pushing out the cemetery boundaries both north and south. To facilitate the northern expansion, the City has acquired multiple residential parcels located along Martin Luther King Jr. Boulevard. The vacated section of NW 9th Avenue already supports and serves the project. The pavement will be extended so as to provide an emergency exit out to Martin Luther King Boulevard while also providing a turnaround spot for typical visitors. A future phase (Phase 2) will involve abandonment of unbuilt right-of-way (College Blvd.) and additional re-zoning and land use changes occurring on the south side to allow for additional lots. The approval of these requests will allow the City to serve the community well into the future. Phase 2 will be part of a future site plan application. 388 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 2 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx This Major Site Plan application also includes a landscape variance to be able to achieve the open space cemetery and CPTED criteria. There is one lone residential vacant lot which remains and will require an incompatible landscape buffer which is inconsistent with a park- like cemetery and in keeping with CPTED criteria. The specifics will follow. Future Phase 2 will also require this variance as parts of the southern area, once road abandonment has occurred, as it abuts existing residential. PHASE NUMBER OF ADULT PLOTS NUMBER OF CHILDREN PLOTS EXISTING CEMETARY 872 150 PHASE 1 EXPANSION 716 116 TOTAL 1588 PLOTS 266 PLOTS PHASE 2 FUTURE EXPANSION 153 0 FUTURE TOTAL 1741 PLOTS 266 PLOTS Site Characteristics: The Sara Sims Cemetery is located south of Martin Luther King Jr. Boulevard, east of North Seacreast Boulevard and adjacent to Sara Sims Park on the west side, an active recreation facility. The parcels under consideration for re-zoning and land use change are 1.) Vacant (west parcel) and 2.) being used for a community fruit tree garden. The area at the intersection of the roadways in the northeast are given over to community identification. This area will generally remain. The current Land Use of the subject site is MR-5 Medium Residential – 5 du/ac and a current Zoning District is RM – Residential Medium Zoning District. Surrounding Property Land Use and Zoning Designations: EXISTING FLU EXISTING ZONING PCN EXISTING USE Subject Site PPGI, MEDR PU, R2 08-43-45-21-40-002-0010 Cemetery plots/vacant North MEDR R2 MULTIPLE PCNS Single family South LDR R3, R1A MULTIPLE PCNS Single Family East MEDR R3 08-43-45-21-07-004-1300 389 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 3 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx EXISTING FLU EXISTING ZONING PCN EXISTING USE West MEDR, R R2, REC 08-43-45-21-40-001-0000 PARK LANDSCAPE VARIANCE Pursuant to Section 2.D of the Boynton Beach, Florida Code of Ordinances, Part III Land Development Regulations (the “Land Development Regulations”) Chapter 2, Article II, this application would seek approval to allow for a reduction in the landscape buffe r in two areas. One would be on the north side surrounding the three sides of the out parcel designated as residential. The other would be the future abandonment area abutting existing residential on the south side. Both would otherwise be required by Section 4 of Part II, Chapter 4, Article II of the Land Development Regulations. These locations require an urban Landscape Buffer (Type 2) which stipulates a minimum buffer width of twelve (12) feet. In addition, it would require a six (6) foot masonry buffer wall. The variance request is for a reduction in the buffer width and elimination of the masonry wall. The proposed site plan, enclosed with this submi ttal, would provide a minimum of 5’ of a landscape buffer strip containing a 3’ hedge with the code required trees. This is a reduction in the width of the strip (Table 4-4. Urban Landscape Buffer (Type 2). 1.) and the opacity from 6’ down to a vegetated 3’ after establishment by the removal of the 6’ wall (Table 4-4. Urban Landscape Buffer (Type 2). 4.). Justification: Since the Cemetery is park-like with open green space and trees in a manicured landscape, there is no need for the strict incompatibility buffer screening. It is an asset, an amenity, to look over a park-like setting. The expansion of the cemetery is an aesthetic benefit for the community as a whole and is a use that is deemed a ‘good neighbor’. The request allows buffering without the solid screening that a wall provides and minimizes the space to maximize the plots, the purpose of a cemeter y. REVIEW CRITERIA FOR THE VARIANCE The landscape code variance request needs to meet criteria as set forth by the Building Board of Adjustments and Appeals. Please find the following responses: a) That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. Response: The proposed variance request is because the development is a park -like cemetery where there are no buildings or activities which would impact residential use. b) That the special conditions and circumstances do not result from the action or inaction of the applicant. 390 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 4 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The special conditions and circumstances are not the result of action or inaction of the applicant. The applicant has tried to procure all land to minimize the non - conformity and create a unified project. c) That granting the variance request will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. Response: The proposed variance would not be setting a precedent as there is only one other cemetery in the City and it has well-defined boundaries. d) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. Response: The proposed variance is the minimum variance that would meet the intent of the code as reflected in this situation. There will be a buffer hedge and the same number of trees. e) That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. Response: The proposed variance, as mentioned in d), still meets the general intent of the code and in no way is detrimental to the public health, safety and general welfare. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS AND REZONING Rezoning Review Criteria – B. PU Public Usage District. As this is a city-initiated rezoning, this application will only need the Criterion b. Consistency for approval of this amendment to the official zoning map processed with or without the FLUM amendment. The other criteria has been address. 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. Response: The proposed Future Land Use Amendment, Rezoning and Major Site Plan Amendment for Sara Sims Cemetery are necessary to support evolving community needs while preserving historical and cultural significance. The Future Land Use Amendment will allow for more appropriate designation aligned with long-term community planning objectives. Rezoning is essential to ensure compatibility with adjacent uses and future development goals. The Major Site Plan Amendment is intended to enhance site functionality while maintaining respect for the cemetery’s historical integrity. 391 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 5 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx b. Consistency: Whether the proposed FLUM amendment and rezoning would be consistent with, promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery align with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. These changes will promote responsible land use while maintaining compatibility with surrounding properties and established community planning goals. The amendment and rezoning are designed to enhance site functionality while respecting historical and cultural significance. By integrating relevant land development regulations and redevelopment strategies, the proposal ensures consistency with adopted po licies regarding land use, infrastructure, and environmental considerations. 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 proposed changes would bring surrounding land into compatibility with the existing cemetery, increasing the greenspace. The subject lots are vacant and do not have any structures on them. Cemeteries as open space are important American Landscapes with their park-like qualities. This cemetery, just to the east of a recreational park, add to the open space to a mid-density residential area bordered by a busy collector road and two local roads. The request is consistent with developed patterns. d. Orderly Growth. Whether the proposed amendments to the FLU and zoning maps would encourage piecemeal development or create undevelopable parcels. Response: The proposed amendments to the FLUM and Zoning maps will not encourage piecemeal development or create undevelopable parcels. 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 opti ons; or interconnectivity within the project and between adjacent properties. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery support smart growth and sustainability initiatives by promoting a balanced mix of land uses that complement the surrounding area. The proposal is designed to enhance the community’s long-term viability through responsible planning and integration with existing development patterns, allowing for open space. Complementary Land Uses – The amendment will ensure that land uses are compatible with nearby properties and broader community objectives, fostering a cohesive and well- 392 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 6 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx planned urban environment. The proposal considers adjacent land uses to maintain harmony and minimize conflicts. Access to Alternative Modes of Transportation – The plan encourages accessibility by supporting connectivity to existing transportation networks, including pedestrian pathways, bicycle infrastructure, and public transit options. By facilitating multimodal transportation, the proposal aligns with sustainability principles that reduce reliance on single-occupancy vehicles. The cemetery is basically a park, open to the public pedestrian during daylight hours, allowing for safety and visibility over a broad are a, and promoting interconnectivity with various walkways and entries into the cemetery. Interconnectivity Within the Project and Between Adjacent Properties – The amendment ensures a seamless transition between the cemetery site and surrounding areas, enhancing accessibility and movement through interconnected pathways, access points, and thoughtfully designed infrastructure improvements. This approach strengthens community cohesion and supports efficient land use. f. Availability of Public Services/ Infrastructure: Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI Concurrency. Response: The proposed Future Land Use Map (FLUM) amendment and rezoning for Sara Sims Cemetery have been carefully assessed to ensure adequate availability of public services and infrastructure. In accordance with Chapter 1, Article VI Concurrency, the request complies with established review criteria regarding capacity and service levels for essential community resources. Key considerations include: Utilities & Infrastructure – The proposal aligns with existing water, sewer, and stormwater management systems, ensuring that adequate facilities are available to support the requested amendments without overburdening municipal resources. Response: There is little to no impact on utilities and infrastructure. Transportation & Accessibility – The site’s connectivity to roadways and transportation networks has been evaluated to ensure compliance with concurrency requirements, supporting efficient traffic flow and access. Response: The road network has not been affected by this project. There is limited traffic impact which would only occur during a burial. Public Safety & Emergency Services – The proposed changes maintain accessibility for emergency services, ensuring continued service delivery for fire protection, law enforcement, and medical response. 393 Boynton Beach – Sara Sims Cemetery October 9, 2025 Page 7 N:\Boynton Sara Sims 23-1206\Applications\Future Land Use and Rezoning\Application Materials\Justification Statement 10.09.25.docx Response: The project improvements improve connectivity within the site and access points. Emergency vehicles now have a clear path in and out of the site. Clear visibility is maintained through picket fences without hedges to meet CPTED criteria. Community Facilities & Resources – The amendment considers proximity to schools, parks, and other public facilities, ensuring compatibility with growth patterns and service availability. Response: There is no impact on community resources for this project. g. Economic Development Benefits for 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 B. Represent a potential decrease in the number of uses with high probable economic development benefits. Response: The request decreases density by 3 single-family units. Concurrency Requirements The Applicant (City) understands that all applications contained herein are subject to the City's Concurrency Management Ordinance and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, park, and road facilities) would be available to serve the project, consistent with the levels of service adopted in the city's Comprehensive Plan. There is very minor impact to the City’s facilities with this expansion. Conclusion: On behalf of the Applicant, City of Boynton Beach, 2GHO, Inc. Landscape Architects, Planners, Environmental Consultants is requesting the approval of this application to expand the Sara Sims Cemetery through a Future Land Use Amendment, Rezoning and a Major Site Plan Amendment. This is respectfully submitted by Emily O’Mahoney, FASLA and Patricia Lentini from 2GHO. 394 395 396 EXHIBIT “D” Conditions of Approval Project Name: Sara Sims Memorial Cemetery File number: MSPM-2025.10.6783, ZNCV 2025.07.4717 Reference: March 23, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. Plat of survey boundary received. At the time of permit application, submit current topographic survey in accordance with LDR Ch. 2. Art. III. Sec. 3 X 2. The proposed development of “Future Phase” is subject to right-of-way vacation and abandonment approval in accordance with Chapter 2, Article I, Section 3. X 3. Unless otherwise waived or deemed impractical, all overhead lines along rights-of-way abutting a proposed project within CRA district shall be relocated underground. Where undergrounding is determined to be impractical, a fee in lieu shall be remitted in the amount of Engineer’s Estimate of Cost. X 4. Unless otherwise waived, existing streetlights abutting a proposed project within CRA district shall be replaced with City's pre-approved FPL decorative streetlighting (or approved equivalent). Provide streetlighting and photometric plans along MLK Jr. Blvd. and Seacrest Blvd. in accordance with LDR Ch. 4. Art. VII. Sec. 3.B. X 5. At the time of permit, submit TPS approval letter from Palm Beach County to demonstrate compliance with Palm Beach County Traffic Performance Standards in accordance with Art. VI. Sec. 3.A.7a. X 6. Relocate structures (fence/gate/column/memorial plaza) so as not to encroach proposed 10’ General Utility Easement and existing rights-of-way or provide Removal Agreement Form and Utility Easement Consent Forms from each utility provider. X 397 Sara Sims Memorial Cemetery (MSPM-2025.10.6783) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 7. Illustrate dimensions of temporary parking along NW 9th Court and provide an AutoTurn exhibit to demonstrate adequate fire access is provided in accordance with Art. VI. Sec. 3.A.5., Florida Fire Prevention Code, and Engineering Design Handbook and Construction Standards. 7.1. minimum 20’ unobstructed wide fire access (one-way access may be reduced to minimum 15’ unobstructed width) 7.2. minimum 55’ outside turning radius 7.3. Note: Where required by Fire Marshall, designated fire lanes shall be clearly marked with adequate pavement marking and signage in accordance with the Florida Fire Prevention Code and Engineering Design Handbook and Construction Standards. X 8. The existing ADA parallel parking space along north side of NW 9th Court is currently unrestricted for public access. Relocate gated fence to maintain unrestricted public access or provide a narrative demonstrating how the hours of operation and/or restricted access for the Cemetery do not conflict with ADA parking requirements for Sara Sims Park. X 9. Drainage statement not provided. Submit drainage statement (digitally signed) to outline how the existing site drainage meets or will be modified to accommodate the proposed site improvements (decrease in pervious area greater than 800 sf) in accordance with City and SFWMD criteria for stormwater management of runoff, minimum perimeter berm elevation, and flood protection of roadways. X 10. At the time of permit, submit final Civil Plans to include drainage and stormwater management calculations and GeoTech Report for hydraulic conductivity in accordance with LDR Ch. 2. Art. III. Sec. 3. X 11. Please be advised that additional comments may be forthcoming upon receipt and subsequent review of the requested information/documentation. X 12. Relocate structures (fence/gate/column/memorial plaza) so as not to encroach proposed 10’ General Utility Easement X 398 Sara Sims Memorial Cemetery (MSPM-2025.10.6783) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT and existing rights-of-way or provide Removal Agreement Form and Utility Easement Consent Forms from each utility provider. 13. The existing ADA parallel parking space along north side of NW 9th Court is currently unrestricted for public access. Relocate gated fence to maintain unrestricted public access or provide a narrative demonstrating how the hours of operation and/or restricted access for the Cemetery do not conflict with ADA parking requirements for Sara Sims Park. X PLANNING AND ZONING Comments: 14. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning Division one (1) week prior to the first public hearing. X 15. Approval of the Major Site Plan Modification (MSPM 2025.07.4717) is contingent upon approval of the accompanying request for a Variance (ZNCV 2025.07.4717). X 16. Pursuant to Part III, Chapter 4, Article II, Section 4.B.3.c .(2), Landscape Design and Buffering Standards of the Land Development Regulations, the project shall provide one (1) tree spaced every thirty (30) linear feet on center; and a continuous hedge of three (3) feet in height. X POLICE Comments: None BUILDING Comments: None FIRE 399 Sara Sims Memorial Cemetery (MSPM-2025.10.6783) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT Comments: None CITY COMMISSION CONDITIONS Comments: 400 B oy nton C a n al N W 1 2 t h A v e NW3rdStN W 1 3 t h A v e NW4thStN W 1 1 t h A v e N W 9 t h A v e NW3rdStNW4thStNW5thStN W 8 t h A v e N W 7 t h A v e N W 6 t h A v e B oy nton C a n a l N W 1 1 t h A v e N W 1 1 t h A v eNW1stSt N E 1 2 t h A v e N W 1 2 t h A v e N E 1 1 t h A v e N E 8 t h A v e N W 1 3 t h A v e N W 9 t h A v e N W 9 th A veN E 1 3 t h A v e N E 9 t h A v e M a r t i n L u t h e r K i n g J r B l v d NSeacrestBlvdP oinc iana S tem Elem e n ta r y Sc h o o l C a r o l y n S i m s C o m m u n i t y C e n t e r N W 6 t h A v e N E 7 t h A v e NW1stStNW1stStN E 5 t h A v e N E 6 t h A v e N W 8 t h A v e N W 8 t h A v e N W 8 t h A v e N W 5thCt N W 5 th C tNW2ndStNW 7th A v e NW 7th Ct NSeacrestBlvdNSeacrestBlvdNE1stStNE1stStNE3rdStN E 1 2 t h A v e N E 1 1 t h A v e N E 8 t h A v e N E 8 t h A v e N E 1 3 t h A v e N E 9 t h A v e NRailroadAveM a r t i n L u t h e r K i n g J r B l v d NE1stStNE3rdStNE7th A ve N E 7 t h A v e N E 5 t h A v e N E 6 t h A v e NE 6 t h A v eNRailroadAveSITE Location MapLocation Map 0 170 340 510 68085 Feet Legend Site Location Parcels Boynton Beach ± 201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B'201 NW 9TH CT (PCN: 08-43-45-21-40-002-0010) - A PORTION OF PARCEL 'B' 401 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sara Sims Memorial Cemetery (MSPM-2025.10.6783) APPLICANT: City of Boynton Beach, Public Works Department APPLICANT’S ADDRESS: 100 East Ocean DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 23, 2026 APPROVAL SOUGHT: Approve The Sara Sims Memorial Cemetery Major Site Plan Amendment to allow for the proposed cemetery to expand, site consists of 2.76 acres and is located at 201 Northwest 9th Court. LOCATION OF PROPERTY: 201 Northwest 9th Court DRAWING(S): SEE EXHIBIT “A” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of 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 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 notation “Included.” 4. The Applicant’s request is hereby 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 402 City of Boynton Beach Agenda Item Request Form 8.F 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Ordinance No. 26-001- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.91 Acres of Unincorporated Territory Into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-001, at first reading. Explanation of Request: The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage-type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR (Special High Density Residential) and IPUD (Infill Planned Unit Development), respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi- family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for voluntary annexation must be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR and a zoning classification of IPUD. The application is accompanied by a Master Plan for the IPUD zoning district as required per Part III, Chapter 2, Article II, Section 2.D.1e. A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. 403 The master plan depicts the required information, depicting compliance with the zoning district regulations of Chapter 3, Article III, and site development standards described in Chapter 4 of the Land Development Regulations. The master plan also included diagrams that illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on September 19, 2025, staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director, and on January 22, 2026, a notification of the Public Hearing was sent via certified mail. Comments will be provided to the City Commission once received. How will this affect city programs or services? If approved, the City would be responsible for all services including but not limited to Police, Fire, and Solid Waste. All applicable departments have reviewed this application and currently have the necessary resources to service this area. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-001_Annexation_-_Hammocks_at_Boynton_Beach_-_Draft.docx Staff Report- The Hammocks at Boynton Beach.doc Exhibit A - Legal and Sketch.pdf Exhibit B - Contiguity Map.pdf Exhibit C - Hammocks at Boynton Beach - Existing and Proposed FLUM.pdf Exhibit D - Hammocks at Boynton Beach - Existing and Proposed Zoning.pdf Exhibit E - Hammocks at Boynton Beach - Project Narrative.pdf Exhibit F - Petition for Voluntary Annexation.pdf Exhibit G - SCAD Letter.Annexation of 3045 N Federal Hwy.signed.pdf 404 The Hammocks at Boynton Beach Annexation Ordinance ORDINANCE NO. 26-001 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 VOLUNTARILY ANNEXING APPROXIMATELY 0.91 ACRES OF 3 UNINCORPORATED TERRITORY LOCATED AT 3045 NORTH FEDERAL 4 HIGHWAY, INTO THE CORPORATE LIMITS OF THE CITY PURSUANT 5 TO SECTION 171.044, FLORIDA STATUTES; PROVIDING FOR THE 6 ANNEXATION OF THE PROPERTY DESCRIBED HEREIN; PROVIDING 7 PUBLICATION OF NOTICE OF THE PROPOSED ANNEXATION; 8 DIRECTING THE CITY CLERK TO RECORD THIS ORDINANCE WITH 9 THE CLERK OF THE CIRCUIT COURT, WITH THE CHIEF 10 ADMINISTRATIVE OFFICER OF PALM BEACH COUNTY, AND WITH 11 THE DEPARTMENT OF STATE; PROVIDING A BUSINESS IMPACT 12 ESTIMATE; PROVIDING FOR CONFLICTS; SEVERABILITY; AND AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach, Florida (the “City”) is a municipal corporation 16 organized and existing under the laws of the State of Florida; and 17 WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the City 18 Commission to annex real property into the corporate boundaries of the City; and 19 WHEREAS, Sections 171.011 through 171.094, Florida Statutes, as amended, the 20 Municipal Annexation or Contraction Act, empowers the City Commission to annex real 21 property into the corporate boundaries of the City, pursuant to a petition voluntarily filed by 22 the owner of certain real property; and 23 WHEREAS, the property located at 3045 North Federal Highway, as further described 24 and depicted in Exhibit A attached hereto and incorporated herein by reference (the 25 “Property”) is currently located in unincorporated Palm Beach County, Florida; and 26 WHEREAS, the Property is contiguous to the existing corporate limits of the City as 27 depicted in Exhibit B attached hereto and required by Section 171.044, Florida Statutes; and 28 WHEREAS, the Property Owner has executed a Petition for Voluntary Annexation and 29 an Owner’s Consent Form with the City, which expressly consents to voluntary annexation upon 30 satisfaction of all statutory requirements; and 31 WHEREAS, the City has furnished the Board of County Commissioners of Palm Beach 32 County a copy of the published notice of annexation by certified mail no sooner than ten (10) 33 405 The Hammocks at Boynton Beach Annexation Ordinance days before said publication, and said action is hereby ratified and confirmed by the City 34 Commission; and 35 WHEREAS, all conditions precedent for annexation have been satisfied, including: 36 1. The Property is contiguous to the existing municipal boundaries; 37 2. The Property Owner has consented to annexation through the Owner’s Consent 38 Form and a Petition for Voluntary Annexation; 39 3. All notice requirements of Section 171.044, Florida Statutes, have been satisfied; 40 4. The required public hearings were held on March 3, 2026, and March 17, 2026 41 with proper notice given; 42 5. The annexation is consistent with the City's Comprehensive Plan; and 43 WHEREAS, all other procedural and notice requirements mandated by State law and 44 the City’s Charter and Code of Ordinances have been followed and satisfied; and, 45 WHEREAS, the City has performed a business impact estimate pursuant to 46 §166.041(4)(c), Florida Statutes, and determined that adoption of this ordinance: 47 (1) serves a public purpose by serving the public health, safety, morals, and welfare of 48 the City, 49 (2) has no direct negative economic impact on private, for-profit businesses in the city, 50 (3) will not result in direct compliance costs for businesses, 51 (4) does not impose any new charge or fee on businesses for which businesses will be 52 financially responsible, 53 (5) does not create any additional municipal regulatory cost that is not recovered 54 appropriately and lawfully by the City; and 55 WHEREAS, the City Commission finds that annexation of the Property serves the public 56 interest by promoting orderly municipal growth, extending municipal services, and 57 incorporating areas already receiving City water service into the municipal tax base; and 58 WHEREAS, the City Commission finds that the Property Owner has requested and is 59 located within water service area of the City, demonstrating the reasonableness and necessity 60 of annexation; and 61 406 The Hammocks at Boynton Beach Annexation Ordinance WHEREAS, Section 171.044, Florida Statutes, authorizes municipal annexation of 62 contiguous unincorporated territory under the circumstances present herein. 63 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 64 BOYNTON BEACH, FLORIDA, THAT: 65 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 66 being true and correct and are hereby incorporated herein and made a part hereof. 67 Section 2. FINDINGS 68 The City Commission hereby finds and determines that: 69 A. All of the recitals set forth above are true and correct and are hereby incorporated 70 by reference. 71 B. The Property described and depicted in Exhibit A is contiguous to the existing 72 corporate limits of the City. 73 C. The Property Owner has consented to annexation through the executed Petition for 74 Voluntary Annexation and Owner’s Consent Form. 75 D. All statutory requirements for voluntary annexation under Section 171.044, Florida 76 Statutes, have been satisfied. 77 E. Proper notice of the public hearing was given as required by law. 78 F. The annexation will not result in the creation of an enclave of unincorporated territory. 79 G. The annexation serves the public interest and promotes orderly municipal 80 development. 81 Section 3. ANNEXATION 82 The real property described in Exhibit A attached hereto and incorporated herein by 83 reference is hereby annexed into the corporate limits of the City of Boynton Beach, Florida, and 84 shall become a part of the City for all purposes, effective upon the date this ordinance becomes 85 effective. 86 407 The Hammocks at Boynton Beach Annexation Ordinance Section 4. BOUNDARIES 87 Upon the effective date of this ordinance, the City's corporate limits shall be extended to 88 include the Property described in Exhibit A. The City Clerk and Director of Planning and 89 Development are hereby authorized and directed to: 90 A. Prepare an amended corporate limits map showing the annexation of the Property; 91 B. File appropriate documentation with the Florida Department of Revenue pursuant to 92 Section 171.07, Florida Statutes; 93 C. Within 7 days after adoption of this Ordinance, file a certified copy of this Ordinance 94 with the Palm Beach County Administrator, Palm Beach County Supervisor of Elections, Tax 95 Collector, Property Appraiser, Department of State, Clerk of Court, and other appropriate 96 officials of the annexation; 97 D. Within 7 days after adoption of this Ordinance, record this ordinance in the public 98 records of Palm Beach County, Florida; and 99 E. Take all other actions necessary to effectuate the annexation. 100 Section 5. MUNICIPAL SERVICES 101 Upon the effective date of this ordinance: 102 A. The Property shall be entitled to receive all municipal services provided by the City to 103 similarly situated properties within the City; 104 B. The Property shall be subject to all City ordinances, regulations, and requirements 105 applicable to properties within the City; 106 C. The Property shall be subject to City ad valorem taxation beginning with the next tax 107 year following annexation; and 108 D. All City development regulations, building codes, and land use requirements shall apply 109 to the Property. 110 Section 6. POWER OF ATTORNEY AUTHORIZATION 111 The City Manager and City Clerk are hereby authorized to execute, on behalf of the City 112 any additional documents that may be required to complete the annexation process, including, 113 but is not limited to, execution of boundary survey certifications; execution of any state-114 408 The Hammocks at Boynton Beach Annexation Ordinance required annexation forms; execution of documents required by the Florida Department of 115 Revenue; and any other documents reasonably necessary to effectuate the annexation. 116 Section 7. COMPLIANCE WITH STATE LAW 117 This annexation is adopted in full compliance with Section 171.044, Florida Statutes, 118 and all other applicable state laws and constitutional requirements. The City Commission 119 hereby certifies that: proper notice was given as required by Section 171.044(2), Florida 120 Statutes; two public hearings were conducted as required by Section 171.044, Florida Statutes; 121 the Property is reasonably compact and contiguous to the City; the Property Owner has 122 consented to the annexation; and the annexation serves a municipal purpose. 123 Section 8. BUSINESS IMPACT ESTIMATE 124 Pursuant to Section 166.041(4), Florida Statutes, the City is required to prepare a 125 business impact estimate for certain proposed ordinances. This proposed ordinance voluntarily 126 annexes land into the City of Boynton Beach. The voluntary annexation of land into the City 127 (1) serves a public purpose by serving the public health, safety, morals, and welfare of the City, 128 (2) has no direct negative economic impact on private, for-profit businesses in the city, (3) will 129 not result in direct compliance costs by businesses, (4) does not impose any new charge or fee 130 or businesses for which businesses will be financially responsible, and (5) does not create any 131 additional municipal regulatory cost which is not recovered appropriately and lawfully by the 132 City. Thus, it is estimated that neither residents nor any businesses will incur additional costs. 133 The City does not seek to impose any additional user or regulatory fees or charges, nor are any 134 direct compliance costs expected. The Business Impact Estimate form for this ordinance is on 135 file with the City Clerk. 136 Section 9. CODIFICATION 137 That Section 6 of the Charter of the City of Boynton Beach, Florida, is hereby amended 138 to reflect the annexation of land more particularly described in Exhibit A. 139 Section 10. CONFLICTS AND SEVERABILITY 140 If any clause, section, or other part or application of this Ordinance shall be held by any 141 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 142 409 The Hammocks at Boynton Beach Annexation Ordinance part or application shall be considered as eliminated and so not affect the validity of the remaining 143 portions or applications remaining in full force and effect. 144 Section 11. EFFECTIVE DATE 145 This Ordinance shall become effective immediately upon passage. 146 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 147 148 410 The Hammocks at Boynton Beach Annexation Ordinance FIRST READING this _____ day of _________________, 2026. 149 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2026. 150 151 CITY OF BOYNTON BEACH, FLORIDA 152 YES NO 153 154 Mayor – Rebecca Shelton _____ _____ 155 156 Vice Mayor – Woodrow L. Hay _____ _____ 157 158 Commissioner – Angela Cruz _____ _____ 159 160 Commissioner – Thomas Turkin _____ _____ 161 162 Commissioner – Aimee Kelley _____ _____ 163 164 VOTE ______ 165 166 167 168 ATTEST: 169 170 _____________________________ ______________________________ 171 Tammy Stanzione, CMC Rebecca Shelton 172 Deputy City Clerk Mayor 173 174 APPROVED AS TO FORM: 175 (Corporate Seal) 176 177 _______________________________ 178 Shawna G. Lamb 179 City Attorney 180 181 411 The Hammocks at Boynton Beach Annexation Ordinance EXHIBIT A LEGAL DESCRIPTION AND DEPICTION OF PROPERTY 412 The Hammocks at Boynton Beach Annexation Ordinance 413 The Hammocks at Boynton Beach Annexation Ordinance EXHIBIT B CONTIGUITY MAP 414 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 18, 2026 (City Commission Hearings March 3, 2026, and March 23, 2026) PROJECT: The Hammocks at Boynton Beach Annexation – (ANEX 2025.09.5729, LUAR 20205.09.5729, and REZN 2025.09.5729) REQUEST: Approve The Hammocks at Boynton Beach request for Annexation (ANEX 2025.09.5729), Future Land Use Map Amendment (LUAR 2025.09.5729) from Palm Beach County’s CH/5 (Commercial High with an Underlying MR-5) to SHDR (Special High Density Residential), a Rezoning (REZN 2025.09.5729) from Palm Beach County’s CG (General Commercial District) to IPUD (Infill Planned Unit Development) a consisting of approximately 0.91 acres, located at 3045 North Federal Highway. Applicant: Thomas D. Laudani PROJECT DESCRIPTION Property Owner: 3045 Federal LLC Applicant: Thomas D. Laudani Address: 3045 North Federal Highway Location: The east side of Federal Highway, approximately 950 feet north of the Gulfstream Boulevard and North Federal Highway intersection. Existing Land Use: Palm Beach County CH/5 (Commercial High with an Underlying MR-5) Proposed Land Use: SHDR (Special High Density Residential) 415 Page 2 The Hammocks at Boynton Beach 2025.09.5729 2 Existing Zoning: Palm Beach County CG (General Commercial District) Proposed Zoning: IPUD (Infill Planned Unit Development) Overlay(s): Urban Commercial District Overlay Proposed Use: Multi-Family Residential Acreage: 0.91 acres Adjacent Uses: North: Vacant, FLUM classification of SHDR (Special High Density Residential). South: Medical Center, Palm Beach County FLUM classification of CH/5 (Commercial High with an Underlying MR-5) and zoned CG (General Commercial District) East: Residential, Palm Beach County FLUM classification of MR-5 (Medium Residential, 5 units per acre) and zoned RS (Single Family Residential) West: Multi-Family, FLUM classification SHDR (Special High Density Residential) and zoned PUD (Planned Unit Development). BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR (Special High Density Residential) and a zoning classification of IPUD (Infill Planned Unit Development). The application is accompanied by a Master Plan for the IPUD zoning district as required per Part III, Chapter 2, Article II, Section 416 Page 3 The Hammocks at Boynton Beach 2025.09.5729 3 2.D.1e. ‘A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. The master plan depicts the required information depicting compliance of the zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4 of the Land Development Regulations. The master plan also included diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 19, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on January 22, 2026 notification of the Public Hearing was sent via certified mail. Comments will be provided to the City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has 417 Page 4 The Hammocks at Boynton Beach 2025.09.5729 4 requested the same FLU and zoning as the parcel directly adjacent to the north. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.11.1 The City shall continue efforts to encourage a varie ty 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 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city - initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The established land use pattern in the immediate area is largely single-family residential to the east, multi-family to the west, some commercial zoning and IPUD zoning adjacent to the lot. However, these lots are not developed. The proposed FLUM would not be contrary and will not be an isolated land use classification. 418 Page 5 The Hammocks at Boynton Beach 2025.09.5729 5 d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and zoning designations will complement the existing uses of the area. The site serves as a buffer from the higher density multi -family uses across Federal Highway to the west, to the single family uses to the east. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately t he year 2046. Drainage. Engineering has reviewed the subject project and do not anticipate any negative impacts. Further detailed review will be completed at time of the future Land Development Permit. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. School. See attached SCAD approval letter. The school district does not anticipate negative impacts. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposal in question is consistent with surrounding development for residential development. The scale of the project, a total of ten (10) units, is reasonable for this area. 419 Page 6 The Hammocks at Boynton Beach 2025.09.5729 6 g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) 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 (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently located within the unincorporated area of Palm Beach County. The annexation requires a FLUM and rezoning. By annexing into the City of Boynton Beach, future tax revenues generated from development on the site will benefit the City. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land availabl e 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 substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. While the request is to change from Commercial to Residential, the area is currently not located within the municipal boundaries of Boynton Beach, therefore, any change would not have a negative impact on the City of Boynton Beach, as the city has yet to benefit as the site is not located within city limits. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. While there may be comparable sites located within the municipal boundaries, if approved, this would allow for additional land to be brought into City Limits increasing the availability of land to be developed. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e 420 Page 7 The Hammocks at Boynton Beach 2025.09.5729 7 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. See ‘Master Plan’ attachment. The Master Plan has been reviewed and meets the requirements established in the Land Development Regulations. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 421 D:\F Drive Backup\USB Drive\3045 DESCRIPTION SKETCH SHEET 1 -- 12/22/2025 -- 10:56 AM -- Scale 1 : 240.0000422 D:\F Drive Backup\USB Drive\3045 DESCRIPTION SKETCH SHEET 2 -- 12/22/2025 -- 10:56 AM -- Scale 1 : 240.0000423 424 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor EXISTING FLU: CH/5 Existing Future Land Use (CH/5)Existing Future Land Use (CH/5) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location PBC Future Land Use COMMERCIAL HIGH, WITH AN UNDERLYING MR-5 MEDIUM RESIDENTIAL, 5 UNITS PER ACRE Current City's Boundary CBB Future Land Use SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC)±425 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor PROPOSED FLU: SHDR Proposed Future Land Use (SHDR)Proposed Future Land Use (SHDR) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location Current City's Boundary CBB Future Land Use FLU Description SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC)±426 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor EXISTING ZONING: CG (General Commercial District) Existing Zoning (CG)Existing Zoning (CG) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location Current City's Boundary CBB Zoning PUD Planned Unit Development IPUD Infill Planned Unit Development C3 Community Commercial PBC Zoning COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT±427 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor PROPOSED ZONING: IPUD (Infill Planned Unit Development) Proposed Zoning (IPUD)Proposed Zoning (IPUD) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location Current City's Boundary CBB Zoning PUD Planned Unit Development IPUD Infill Planned Unit Development C3 Community Commercial±428 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 1 August 29, 2025 3045 & 3045-1 N. Federal Highway, Boynton Beach, FL Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications Narrative Letter This narrative letter associated with the Voluntary Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications is respectfully submitted on behalf of Geraldine A. Hammond Living Trust for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN: 00-43-46-04-12-000-0130 & 00-43-46-04-00-000-1030). BACKGROUND: The 0.91-acre property is located on the east side of N. Federal Highway, approximately 895 feet north of Gulfstream Boulevard. The property contains 14 multi-family residential dwellings. The property currently has an underlying Palm Beach County Commercial High – 5 du/ac (CH-5) unity Future Land Use Map designation and is County General Commercial (CG). The subject property is located within the City of Boynton Beach Future Annexation Area and Urban Services Area. The proposal is to Annex the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. PROPOSAL: The proposal is the voluntary annexation of the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. The development proposal includes the following: 429 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 2 • Demolition of the 14 existing multi-family residential dwelling units. • Construction of a 10-unit, 3-story townhouse development (3-bed, 3.5 baths, 2-car garages, ~3,155 sf.). • Amenities consisting of pool cabana, swimming pool and outdoor kitchen area. ANALYSIS: ANNEXATION Article II, Section 2.A. Annexation, 1. General. a. Voluntary Annexations. A privately-initiated application for the voluntary annexation of real property into the corporate limits of the city shall be made by petition of all owners of said real property and filed in accordance with the provisions of F.S. Chapter 171. b. Other Annexation Methods. These city-initiated methods include annexation by referendum, annexation of enclaves through interlocal agreements, and annexation through interlocal service boundary agreements, processed in accordance with F.S. Chapter 171. c. Future Land Use Map (FLUM) and Zoning of Property to be Annexed. Application for the city FLUM classification and zoning district must accompany all privately-initiated applications for annexation. FLUM reclassification and rezoning for developed properties to be annexed through any of the city-initiated methods listed in subparagraph b. above, may be delayed if no application for building or site improvements is submitted prior to the adoption of the annexation ordinance; however, such reclassification and rezoning must be initiated within six (6) months of the annexation. 3. Review Criteria. a. Compliance with Statutory Requirements. Areas proposed for annexation must comply with the requirements in F.S. Chapter 171. b. Consistency with Comprehensive Plan. An application for annexation shall be consistent with the Comprehensive Plan. 430 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 3 Florida Statutes Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact, may petition the governing body of said municipality that said property be annexed to the municipality". The voluntary annexation was submitted, on behalf of the property owner of record, Geraldine A. Hammond Living Trust, for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN:12-43-46-16-B3- 000-0220). The parcels are contiguous to the City of Boynton Beach along the north and west sides of the properties. The subject properties are compact as the two parcels abut one another. Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". F.S. 171.031, Definitions – (13) “Enclave” means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Florida Statutes allows for the voluntary annexation that reduces an enclave area. FUTURE LAND USE MAP AMENDMENT & REZONING FUTURE LAND USE MAP AMENDMENT Article II, Section 2.B. Comprehensive Plan Amendments 3. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for “Consistency,” approval of a FLUM amendment/zoning request shall be based on the applicable factors listed under section 2.D.3 below. Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184) Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 10 acres or fewer, in which case they qualify as "small-scale" amendments and are not state-reviewed for compliance prior to adoption. REZONING, INCLUDING MASTER PLAN Article II, Section 2.D. Rezoning, Including Master Plan. 3. 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: 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 Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD are required in conjunction with the Voluntary Annexation application that is being processed concurrently. The proposed Future Land Use Map and zoning designations are consistent with the Future 431 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 4 Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with, a nd promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, any other current City-approved planning documents. The proposed SHDR Future Land Use Map designation and IPUD zoning designation are consistent with the Future Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. While the subject properties will not be incorporated into the CRA District, the future development of the subject properties to accommodate the 10 -unit townhouse development will result in a significant upgrade to blighted property. The FLUMA and Rezoning are consistent with the goals, objectives and policies of the Comprehensive Plan as well as The Community Redevelopment Plan, particularly the Federal Highway District. 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. The proposed SHDR Future Land Use Map designation and IPUD zoning designation will result in development that is compatible with the surrounding uses in terms of density, scale and nature of the use. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted. The existing Land Developments Regulations contain provisions that ensure compatibility with surrounding uses. It is noted, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods, in terms of overall design and massing. The redevelopment will be an enhancement to the local area and the city in general. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The proposed amendments to the Future Land Use and Zoning Maps will encourage a single phase unified urban infill development as envisioned for the Federal Highway corridor. 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. The proposed amendments to the Future Land Use and Zoning Maps support residential redevelopment in a manner that is complementary to adjacent land uses. The Amendments will also result in the development Location Development Type / Uses Land Use Designation Zoning District North (City) Vacant SHDR IPUD South (County) Medical Offices (American Care Medical Centers) CH-5 CG East (County) Single-family residences (Tradewinds Subdivision) MR-5 RS West (City) Multi-family residential (The Seabourn) & Storage Facility (Public Storage) SHDR & LRC IPUD & C3 432 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 5 that implements smart growth and sustainability initiatives including pedestrian connectivity and mobility as requirement Urban Commercial District Overlay and associated plans. 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 proposed redevelopment consists of the demolition of the existing 14 multi-family units and construction of 10 multifamily (townhouse) units. Per Chapter 1, Article VI Concurrency, D. Exemptions. The following type of development orders or permits are exempt from the concurrency requirements for public facilities: 2. Replacement or modification of existing residential buildings or non-residential buildings, unless there is an increase in the number of units or increase in floor area or intensity of use; only the net increase will be subject to concurrency review. However, the development of the subject property at the highest density allowed (20 units per acre) would allow a maximum of 18 units, which is 4 units greater than the 14 existing units. Based on the LOS standards set forth in the adopted Comprehensive Plan, a positive concurrency determination can be made that there is adequate capacity and availability for the following public facilities/services: a. Roadways, county and state – The property fronts and is accessible from Federal Highway only. A traffic statement has been provided for the subject property in compliance with the requirements of the Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Division has reviewed the traffic statement and determined the project meets the Traffic Performance Standards of Palm Beach County. Improvements within the Federal Highway right-of-way will be permitted through FDOT. b. Roadways, local – N/A c. Potable water – Water Service is available via connections to the existing water main within the Federal Highway right-of-way. d. Sanitary sewer – Sewer Service is available via connections to the existing water main within the Federal Highway right-of-way. e. Solid waste - Solid Waste Authority has indicated that its facilities have sufficient capacity to meet the needs of city residents through the depletion year in 2054. f. Stormwater drainage - Drainage will be retained on site exfiltration system and retention area. There are no concerns complying with SFWMD requirements. g. Parks – The project will have no impacts on the City’s LOS as they relate to parks. The proposal will also provide on-site recreation amenities. h. Public school facilities that are under the supervision of the School District of Palm Beach County – a School Concurrency Adequacy Determination g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: 433 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 6 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 SHDR Future Land Use Map designation and IPUD zoning designation will not represent a potential decrease in the possible intensity of development, given 20 units per acre is allowed on the 0.91 acre property (18 units total). Given the location, size, depth and configuration of the blighted property as well as the fact that the property abuts low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation does not represent a potential decrease in the number of uses with high probable economic development benefits. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions, obsolete residential development and encourage significant economic investment in the area. 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 (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. As stated in “g” above, given the location, size, depth and configuration of the blighted property as well as the fact that the properties abut low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation are more appropriate for the properties and encourage additional residential investment and development to help support local businesses along the Federal Highway corridor. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions and encourage significant economic investment in the area. Pursuant to LDR Article III, Section 2 G. IPUD Infill Planned Unit Development District..1.b. Prerequisite Location Standards, 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. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; 434 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 7 (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. The proposed IPUD complies with the standards above. While not required, the proposed residential development principally fronts an Arterial (Federal Highway) and does not include any non-residential uses. 6. Master Plan c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: 1. Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. 2. Diagrams. the master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Article II, Section 2.F. Site Plan, Including Time Extension and Modifications. 2.Major Site Plan. b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted in the Infill Planned Unit Development (IPUD) zoning district. As stated previously, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods , in terms of overall design and massing. The plans illustrate the location of the uses, height, massing and density of the proposed development. The proposed development complies with the IPUD development standards, including but not limited to site area, building setbacks, building height and maximum lot coverage. The proposal also is in compliance with the Urban Commercial District Overlay - Pedestrian Zone & Building Setbacks and the following applicable Site Development Standards in LDR Chapter 4: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XIII. Sustainable Development Standards Based upon the above, the proposed Voluntary Annexation, Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD with the Master Plan and Site Plan are consistent with the Comprehensive Plan and meets the applicable criteria and development standards set forth in the Land Development Regulations. Based upon the above, approval of the Voluntary Annexation, FLUM Amendment and Rezoning with Master Plan and Site Plan is respectfully requested. Please contact me if you have any questions or require additional information. 435 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 8 Thank you for your consideration. Sincerely, Jeffrey A. Costello, AICP, FRA-RP JC Planning Solutions, LLC 436 437 438 THE SCHOOL DISTRICT OF KRISTIN K. GARRISON, AICP MICHAEL J. BURKE PALM BEACH COUNTY, FL DIRECTOR SUPERINTENDENT PLANNING & INTERGOVERNMENTAL RELATIONS JOSEPH M. SANCHES, MBA 3661 INTERSTATE PARK ROAD NORTH, 200 CHIEF OPERATING OFFICER RIVIERA BEACH, FL 33404 PHONE: 561-434-8020 / FAX: 561- 434-8942 WWW. PALM BEACHSCHOOLS.ORG The School District of Palm Beach County, Florida A High-Performing School District An Equal Opportunity Education Provider and Employer SCHOOL CAPACITY AVAILABILITY DETERMINATION (SCAD) November 13, 2025 ________________________________________ _______________________________________ School District Representative Signature Date Joyce C. Cai, Senior Planner joyce.cai@palmbeachschools.org __________________________________________ _______________________________________ Print Name & Title of School District Representative Email Address CC: Roland Sevigny (Gabe), Principal Planner, City of Boynton Beach Joyell Shaw, PIR Manager, School District of Palm Beach County Application Submittal Date 11/05/2025 SCAD Case No. 25102901F/FLU; 25102901Z/Rezoning; 25102901D/D. O. FLU /Rezoning/D.O. No. 2025.09.5729 – City of Boynton Beach PCN No. / Address 00-43-46-04-00-000-1030 and 00-43-46-04-12-000-0130 3045 and 3045-1 North Federal Hwy Development Name Annexation of 3045 N Federal Hwy (The Hammock at Boynton Beach) Owner / Agent Name 3045 Federal LLC / Jeffrey A. Costello SAC No. 275 Proposed FLU/Rezoning Proposed D. O. Maximum 18 Residential Units 10 Multi-Family Units Impact Review Plumosa Elementary School Carver Middle School Atlantic High School New Students Generated 2 1 1 Capacity Available 284 722 465 Projected Utilization 76% 53% 81% School District Staff’s Recommendation Based on the findings and evaluation of the proposed development, there will be no negative impact on the School District of Palm Beach County public school system. Therefore, the School District has no comment on this application. Validation Period 1) This determination is valid from 11/13/2025 to 11/12/2026 or the expiration date of the site-specific development order approved during the validation period. 2) A copy of the approved D.O. must be submitted to the School District Planning Department prior to 11/12/2026 or this determination will expire automatically on 11/12/2026. Notice School age children may not necessarily be assigned to the public school closest to their residences. Students in Palm Beach County are assigned annually to schools under the authority of the School Board and by direction of the Superintendent, public school attendance zones are subject to change. 439 City of Boynton Beach Agenda Item Request Form 8.G 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Ordinance No. 26-008- First 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 0.91- acre parcel of real property generally located at 3045 North Federal Highway, by changing the future land use classification from Palm Beach County Future Land Use designation of Commercial High with an underlying MR-5 (CH/5) to Special High Density Residential (SHDR); 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. Requested Action: Staff recommends approval of Proposed Ordinance No. 26-008, at first reading. Explanation of Request: The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage-type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR (Special High Density Residential) and IPUD (Infill Planned Unit Development), respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi- family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for voluntary annexation must be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR and a zoning classification of IPUD. The application is accompanied by a Master Plan for the IPUD zoning district, as required under Part III, Chapter 2, Article II, Section 2.D.1e. A master plan is required when a privately initiated application is made to rezone lands to a planned zoning district. How will this affect city programs or services? N/A 440 Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 26-008 Agenda_Item_4289-2026_The_Hammocks_-_FLUM.docx Staff Report- The Hammocks at Boynton Beach.doc Exhibit A - Legal and Sketch.pdf Exhibit B - Hammocks at Boynton Beach - Existing and Proposed FLUM.pdf Exhibit C - Hammocks at Boynton Beach - Project Narrative.pdf Agenda Item 4289-2026_Business Impact Estimate.docx 441 ORDINANCE NO. 26-008 1 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 0.91-ACRE PARCEL OF 6 REAL PROPERTY GENERALLY LOCATED AT 3045 NORTH FEDERAL 7 HIGHWAY, BY CHANGING THE FUTURE LAND USE CLASSIFICATION 8 FROM PALM BEACH COUNTY FUTURE LAND USE DESIGNATION OF 9 COMMERCIAL HIGH WITH AN UNDERLYING MR-5 (CH/5) TO SPECIAL 10 HIGH DENSITY RESIDENTIAL (SHDR); DECLARING THE PROPOSED 11 AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT 12 WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE 13 CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING 14 FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 17 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 18 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 19 and 20 WHEREAS, 3045 Federal, LLC, has requested an amendment to the Future Land Use Map 21 classification of a parcel of land generally located at 3045 North Federal Highway (the “Property”) 22 more particularly described in Exhibit “A,” from Palm Beach County Future Land Use designation 23 of Commercial High with an Underlying MR-5 to Special High Density Residential (SHDR); and, 24 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 25 with the surrounding and existing land uses; and, 26 WHEREAS, the property owner has also applied to rezone the property from Palm Beach 27 County’s General Commercial District (GC) to City of Boynton Beach’s Infill Planned Unit 28 Development (IPUD); and, 29 442 ORDINANCE NO. 26-008 2.18.26 (IG) Page 2 of 10 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 30 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 31 WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 32 Local Planning Agency and City Commission, finds that the Future Land Use Map amendment is 33 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 34 Statutes; and, 35 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 36 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 37 and 38 WHEREAS, after careful review of the application, staff has determined that the proposed 39 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 40 Florida Statutes; and 41 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 42 which contains data and analysis supporting the Future Land Use Map amendment; and 43 WHEREAS, the City Commission finds that the proposed Future Land Use Map 44 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 45 and finds it in the best interest of the public to amend the Future Land Use Element of the 46 Comprehensive Plan as hereinafter provided. 47 443 ORDINANCE NO. 26-008 2.18.26 (IG) Page 3 of 10 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 48 BOYNTON BEACH, FLORIDA: 49 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 50 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 51 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 52 reflect the following: The City’s Future Land Use Map is hereby amended from Palm Beach County 53 Future Land Use designation of Commercial High with an Underlying MR-5 to Special High Density 54 Residential (SHDR) for a 0.91-acre parcel generally located at 3045 North Federal Highway, as 55 depicted in Exhibit “B.” 56 Section 3: Amendment to Future Land Use Map. The Director of Planning and 57 Zoning is further authorized to make the necessary changes as required to the Future Land Use 58 Map to reflect the above stated change. 59 Section 4: Authorization to Transmit. The City Manager or designee is hereby 60 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 61 provisions of the Community Planning Act, if required. 62 Section 5: Severability. The provisions of this Ordinance are declared to be 63 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 64 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 65 444 ORDINANCE NO. 26-008 2.18.26 (IG) Page 4 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 66 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 67 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 68 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 69 Section 7: Effective Date. This Ordinance shall take effect immediately upon 70 adoption. 71 72 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 73 445 ORDINANCE NO. 26-008 2.18.26 (IG) Page 5 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2026. 74 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor – Rebecca Shelton _____ _____ 79 80 Vice Mayor – Woodrow L. Hay _____ _____ 81 82 Commissioner – Aimee Kelley _____ _____ 83 84 Commissioner – Angela Cruz _____ _____ 85 86 Commissioner – Thomas Turkin _____ _____ 87 88 VOTE ______ 89 ATTEST: 90 91 _____________________________ 92 Tammy Stanzione, CMC Rebecca Shelton 93 Deputy City Clerk Mayor 94 95 APPROVED AS TO FORM: 96 (Corporate Seal) 97 98 99 Shawna G. Lamb 100 City Attorney 101 446 ORDINANCE NO. 26-008 2.18.26 (IG) Page 6 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 447 ORDINANCE NO. 26-008 2.18.26 (IG) Page 7 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 448 ORDINANCE NO. 26-008 2.18.26 (IG) Page 8 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 449 ORDINANCE NO. 26-008 2.18.26 (IG) Page 9 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 450 ORDINANCE NO. 26-008 2.18.26 (IG) Page 10 of 10 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 451 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Divisional Director FROM: Gabe Sevigny, Principal Planner DATE: February 18, 2026 (City Commission Hearings March 3, 2026, and March 23, 2026) PROJECT: The Hammocks at Boynton Beach Annexation – (ANEX 2025.09.5729, LUAR 20205.09.5729, and REZN 2025.09.5729) REQUEST: Approve The Hammocks at Boynton Beach request for Annexation (ANEX 2025.09.5729), Future Land Use Map Amendment (LUAR 2025.09.5729) from Palm Beach County’s CH/5 (Commercial High with an Underlying MR-5) to SHDR (Special High Density Residential), a Rezoning (REZN 2025.09.5729) from Palm Beach County’s CG (General Commercial District) to IPUD (Infill Planned Unit Development) a consisting of approximately 0.91 acres, located at 3045 North Federal Highway. Applicant: Thomas D. Laudani PROJECT DESCRIPTION Property Owner: 3045 Federal LLC Applicant: Thomas D. Laudani Address: 3045 North Federal Highway Location: The east side of Federal Highway, approximately 950 feet north of the Gulfstream Boulevard and North Federal Highway intersection. Existing Land Use: Palm Beach County CH/5 (Commercial High with an Underlying MR-5) Proposed Land Use: SHDR (Special High Density Residential) 452 Page 2 The Hammocks at Boynton Beach 2025.09.5729 2 Existing Zoning: Palm Beach County CG (General Commercial District) Proposed Zoning: IPUD (Infill Planned Unit Development) Overlay(s): Urban Commercial District Overlay Proposed Use: Multi-Family Residential Acreage: 0.91 acres Adjacent Uses: North: Vacant, FLUM classification of SHDR (Special High Density Residential). South: Medical Center, Palm Beach County FLUM classification of CH/5 (Commercial High with an Underlying MR-5) and zoned CG (General Commercial District) East: Residential, Palm Beach County FLUM classification of MR-5 (Medium Residential, 5 units per acre) and zoned RS (Single Family Residential) West: Multi-Family, FLUM classification SHDR (Special High Density Residential) and zoned PUD (Planned Unit Development). BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR (Special High Density Residential) and a zoning classification of IPUD (Infill Planned Unit Development). The application is accompanied by a Master Plan for the IPUD zoning district as required per Part III, Chapter 2, Article II, Section 453 Page 3 The Hammocks at Boynton Beach 2025.09.5729 3 2.D.1e. ‘A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. The master plan depicts the required information depicting compliance of the zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4 of the Land Development Regulations. The master plan also included diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary a nd “reasonably compact” in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 19, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on January 22, 2026 notification of the Public Hearing was sent via certified mail. Comments will be provided to the City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staf f analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed lan d use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexati on. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has 454 Page 4 The Hammocks at Boynton Beach 2025.09.5729 4 requested the same FLU and zoning as the parcel directly adjacent to the north. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. 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 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city - initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amen dment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The established land use pattern in the immediate area is largely single-family residential to the east, multi-family to the west, some commercial zoning and IPUD zoning adjacent to the lot. However, these lots are not developed. The proposed FLUM would not be contrary and will not be an isolated land use classification. 455 Page 5 The Hammocks at Boynton Beach 2025.09.5729 5 d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and zoning designations will complement the existing uses of the area. The site serves as a buffer from the higher density multi -family uses across Federal Highway to the west, to the single family uses to the east. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Engineering has reviewed the subject project and do not anticipate any negative impacts. Further detailed review will be completed at time of the future Land Development Permit. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. School. See attached SCAD approval letter. The school district does not anticipate negative impacts. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposal in question is consistent with surrounding development for residential development. The scale of the project, a total of ten (10) units, is reasonable for this area. 456 Page 6 The Hammocks at Boynton Beach 2025.09.5729 6 g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) 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 (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently located within the unincorporated area of Palm Beach County. The annexation requires a FLUM and rezoning. By annexing into the City of Boynton Beach, future tax revenues generated from development on the site will benefit the City. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land availa ble 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 substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. While the request is to change from Commercial to Residential, the area is currently not located within the municipal boundaries of Boynton Beach, therefore, any change would not have a negative impact on the City of Boynton Beach, as the city has yet to benefit as the site is not located within city limits. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. While there may be comparable sites located within the municipal boundaries, if approved, this would allow for additional land to be brought into City Limits increasing the availability of land to be developed. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e 457 Page 7 The Hammocks at Boynton Beach 2025.09.5729 7 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. See ‘Master Plan’ attachment. The Master Plan has been reviewed and meets the requirements established in the Land Development Regulations. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 458 D:\F Drive Backup\USB Drive\3045 DESCRIPTION SKETCH SHEET 1 -- 12/22/2025 -- 10:56 AM -- Scale 1 : 240.0000459 D:\F Drive Backup\USB Drive\3045 DESCRIPTION SKETCH SHEET 2 -- 12/22/2025 -- 10:56 AM -- Scale 1 : 240.0000460 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor EXISTING FLU: CH/5 Existing Future Land Use (CH/5)Existing Future Land Use (CH/5) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location PBC Future Land Use COMMERCIAL HIGH, WITH AN UNDERLYING MR-5 MEDIUM RESIDENTIAL, 5 UNITS PER ACRE Current City's Boundary CBB Future Land Use SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC)±461 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor PROPOSED FLU: SHDR Proposed Future Land Use (SHDR)Proposed Future Land Use (SHDR) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location Current City's Boundary CBB Future Land Use FLU Description SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC)±462 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 1 August 29, 2025 3045 & 3045-1 N. Federal Highway, Boynton Beach, FL Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications Narrative Letter This narrative letter associated with the Voluntary Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications is respectfully submitted on behalf of Geraldine A. Hammond Living Trust for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN: 00-43-46-04-12-000-0130 & 00-43-46-04-00-000-1030). BACKGROUND: The 0.91-acre property is located on the east side of N. Federal Highway, approximately 895 feet north of Gulfstream Boulevard. The property contains 14 multi-family residential dwellings. The property currently has an underlying Palm Beach County Commercial High – 5 du/ac (CH-5) unity Future Land Use Map designation and is County General Commercial (CG). The subject property is located within the City of Boynton Beach Future Annexation Area and Urban Services Area. The proposal is to Annex the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. PROPOSAL: The proposal is the voluntary annexation of the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. The development proposal includes the following: 463 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 2 • Demolition of the 14 existing multi-family residential dwelling units. • Construction of a 10-unit, 3-story townhouse development (3-bed, 3.5 baths, 2-car garages, ~3,155 sf.). • Amenities consisting of pool cabana, swimming pool and outdoor kitchen area. ANALYSIS: ANNEXATION Article II, Section 2.A. Annexation, 1. General. a. Voluntary Annexations. A privately-initiated application for the voluntary annexation of real property into the corporate limits of the city shall be made by petition of all owners of said real property and filed in accordance with the provisions of F.S. Chapter 171. b. Other Annexation Methods. These city-initiated methods include annexation by referendum, annexation of enclaves through interlocal agreements, and annexation through interlocal service boundary agreements, processed in accordance with F.S. Chapter 171. c. Future Land Use Map (FLUM) and Zoning of Property to be Annexed. Application for the city FLUM classification and zoning district must accompany all privately-initiated applications for annexation. FLUM reclassification and rezoning for developed properties to be annexed through any of the city-initiated methods listed in subparagraph b. above, may be delayed if no application for building or site improvements is submitted prior to the adoption of the annexation ordinance; however, such reclassification and rezoning must be initiated within six (6) months of the annexation. 3. Review Criteria. a. Compliance with Statutory Requirements. Areas proposed for annexation must comply with the requirements in F.S. Chapter 171. b. Consistency with Comprehensive Plan. An application for annexation shall be consistent with the Comprehensive Plan. 464 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 3 Florida Statutes Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact, may petition the governing body of said municipality that said property be annexed to the municipality". The voluntary annexation was submitted, on behalf of the property owner of record, Geraldine A. Hammond Living Trust, for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN:12-43-46-16-B3- 000-0220). The parcels are contiguous to the City of Boynton Beach along the north and west sides of the properties. The subject properties are compact as the two parcels abut one another. Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". F.S. 171.031, Definitions – (13) “Enclave” means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Florida Statutes allows for the voluntary annexation that reduces an enclave area. FUTURE LAND USE MAP AMENDMENT & REZONING FUTURE LAND USE MAP AMENDMENT Article II, Section 2.B. Comprehensive Plan Amendments 3. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for “Consistency,” approval of a FLUM amendment/zoning request shall be based on the applicable factors listed under section 2.D.3 below. Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184) Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 10 acres or fewer, in which case they qualify as "small-scale" amendments and are not state-reviewed for compliance prior to adoption. REZONING, INCLUDING MASTER PLAN Article II, Section 2.D. Rezoning, Including Master Plan. 3. 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: 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 Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD are required in conjunction with the Voluntary Annexation application that is being processed concurrently. The proposed Future Land Use Map and zoning designations are consistent with the Future 465 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 4 Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with, a nd promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, any other current City-approved planning documents. The proposed SHDR Future Land Use Map designation and IPUD zoning designation are consistent with the Future Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. While the subject properties will not be incorporated into the CRA District, the future development of the subject properties to accommodate the 10 -unit townhouse development will result in a significant upgrade to blighted property. The FLUMA and Rezoning are consistent with the goals, objectives and policies of the Comprehensive Plan as well as The Community Redevelopment Plan, particularly the Federal Highway District. 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. The proposed SHDR Future Land Use Map designation and IPUD zoning designation will result in development that is compatible with the surrounding uses in terms of density, scale and nature of the use. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted. The existing Land Developments Regulations contain provisions that ensure compatibility with surrounding uses. It is noted, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods, in terms of overall design and massing. The redevelopment will be an enhancement to the local area and the city in general. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The proposed amendments to the Future Land Use and Zoning Maps will encourage a single phase unified urban infill development as envisioned for the Federal Highway corridor. 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. The proposed amendments to the Future Land Use and Zoning Maps support residential redevelopment in a manner that is complementary to adjacent land uses. The Amendments will also result in the development Location Development Type / Uses Land Use Designation Zoning District North (City) Vacant SHDR IPUD South (County) Medical Offices (American Care Medical Centers) CH-5 CG East (County) Single-family residences (Tradewinds Subdivision) MR-5 RS West (City) Multi-family residential (The Seabourn) & Storage Facility (Public Storage) SHDR & LRC IPUD & C3 466 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 5 that implements smart growth and sustainability initiatives including pedestrian connectivity and mobility as requirement Urban Commercial District Overlay and associated plans. 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 proposed redevelopment consists of the demolition of the existing 14 multi-family units and construction of 10 multifamily (townhouse) units. Per Chapter 1, Article VI Concurrency, D. Exemptions. The following type of development orders or permits are exempt from the concurrency requirements for public facilities: 2. Replacement or modification of existing residential buildings or non-residential buildings, unless there is an increase in the number of units or increase in floor area or intensity of use; only the net increase will be subject to concurrency review. However, the development of the subject property at the highest density allowed (20 units per acre) would allow a maximum of 18 units, which is 4 units greater than the 14 existing units. Based on the LOS standards set forth in the adopted Comprehensive Plan, a positive concurrency determination can be made that there is adequate capacity and availability for the following public facilities/services: a. Roadways, county and state – The property fronts and is accessible from Federal Highway only. A traffic statement has been provided for the subject property in compliance with the requirements of the Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Division has reviewed the traffic statement and determined the project meets the Traffic Performance Standards of Palm Beach County. Improvements within the Federal Highway right-of-way will be permitted through FDOT. b. Roadways, local – N/A c. Potable water – Water Service is available via connections to the existing water main within the Federal Highway right-of-way. d. Sanitary sewer – Sewer Service is available via connections to the existing water main within the Federal Highway right-of-way. e. Solid waste - Solid Waste Authority has indicated that its facilities have sufficient capacity to meet the needs of city residents through the depletion year in 2054. f. Stormwater drainage - Drainage will be retained on site exfiltration system and retention area. There are no concerns complying with SFWMD requirements. g. Parks – The project will have no impacts on the City’s LOS as they relate to parks. The proposal will also provide on-site recreation amenities. h. Public school facilities that are under the supervision of the School District of Palm Beach County – a School Concurrency Adequacy Determination g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: 467 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 6 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 SHDR Future Land Use Map designation and IPUD zoning designation will not represent a potential decrease in the possible intensity of development, given 20 units per acre is allowed on the 0.91 acre property (18 units total). Given the location, size, depth and configuration of the blighted property as well as the fact that the property abuts low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation does not represent a potential decrease in the number of uses with high probable economic development benefits. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions, obsolete residential development and encourage significant economic investment in the area. 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 (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. As stated in “g” above, given the location, size, depth and configuration of the blighted property as well as the fact that the properties abut low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation are more appropriate for the properties and encourage additional residential investment and development to help support local businesses along the Federal Highway corridor. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions and encourage significant economic investment in the area. Pursuant to LDR Article III, Section 2 G. IPUD Infill Planned Unit Development District..1.b. Prerequisite Location Standards, 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. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; 468 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 7 (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. The proposed IPUD complies with the standards above. While not required, the proposed residential development principally fronts an Arterial (Federal Highway) and does not include any non-residential uses. 6. Master Plan c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: 1. Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. 2. Diagrams. the master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Article II, Section 2.F. Site Plan, Including Time Extension and Modifications. 2.Major Site Plan. b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted in the Infill Planned Unit Development (IPUD) zoning district. As stated previously, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods , in terms of overall design and massing. The plans illustrate the location of the uses, height, massing and density of the proposed development. The proposed development complies with the IPUD development standards, including but not limited to site area, building setbacks, building height and maximum lot coverage. The proposal also is in compliance with the Urban Commercial District Overlay - Pedestrian Zone & Building Setbacks and the following applicable Site Development Standards in LDR Chapter 4: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XIII. Sustainable Development Standards Based upon the above, the proposed Voluntary Annexation, Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD with the Master Plan and Site Plan are consistent with the Comprehensive Plan and meets the applicable criteria and development standards set forth in the Land Development Regulations. Based upon the above, approval of the Voluntary Annexation, FLUM Amendment and Rezoning with Master Plan and Site Plan is respectfully requested. Please contact me if you have any questions or require additional information. 469 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 8 Thank you for your consideration. Sincerely, Jeffrey A. Costello, AICP, FRA-RP JC Planning Solutions, LLC 470 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; 1 See Section 166.041(4)(c), Florida Statutes. 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 0.91- ACRE PARCEL OF REAL PROPERTY GENERALLY LOCATED AT 3045 NORTH FEDERAL HIGHWAY, BY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM PALM BEACH COUNTY FUTURE LAND USE DESIGNATION OF COMMERCIAL HIGH WITH AND UNDERLYING MR-5 (CH/5) TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 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. 471 Page 2 of 3 ☐ 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. 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): The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR (Special High Density Residential) and IPUD (Infill Planned Unit Development), respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR and a zoning classification of IPUD. The application is accompanied by a Master Plan for the IPUD zoning district as required per Part III, Chapter 2, Article II, Section 2.D.1e. ‘A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 472 Page 3 of 3 (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 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 473 City of Boynton Beach Agenda Item Request Form 8.H 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Proposed Ordinance No. 26-009- First Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 02-013 to rezone an approximately 0.91 acre parcel of real property located at 3045 North Federal Highway, from Palm Beach County's General Commercial District (GC) to City of Boynton Beach's 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 Proposed Ordinance No. 26-009, at first reading. Explanation of Request: The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage-type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR (Special High Density Residential) and IPUD (Infill Planned Unit Development), respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi- family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for voluntary annexation must be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR and a zoning classification of IPUD. The application is accompanied by a Master Plan for the IPUD zoning district, as required under Part III, Chapter 2, Article II, Section 2.D.1e. A master plan is required when a privately initiated application is made to rezone lands to a planned zoning district. How will this affect city programs or services? N/A Account Line Item and Description: N/A 474 Fiscal Impact: N/A Attachments: Ord._26-009_Agenda_Item_4290-2026_The_Hammocks_-_Rezoning.docx Staff Report- The Hammocks at Boynton Beach.doc Exhibit A - Legal and Sketch.pdf Exhibit B - Hammocks at Boynton Beach - Existing and Proposed Zoning.pdf Exhibit C - Hammocks at Boynton Beach - Project Narrative.pdf Agenda Item 4290-2026_Business Impact Estimate.docx 475 ORDINANCE NO. 26-009 1 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 0.91 ACRE PARCEL OF REAL PROPERTY 5 LOCATED AT 3045 NORTH FEDERAL HIGHWAY, FROM PALM BEACH 6 COUNTY’S GENERAL COMMERCIAL DISTRICT (GC) TO CITY OF 7 BOYNTON BEACH’S INFILL PLANNED UNIT DEVELOPMENT (IPUD); 8 DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH 9 THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR 10 SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 14 No. 02-013, establishing an official zoning map of the City; and 15 WHEREAS, the existing area is located in unincorporated Palm Beach County and has 16 contiguity with the City of Boynton Beach on the north and west boundaries and is generally 17 located at 3045 North Federal Highway (the “Property”), more particularly described in Exhibit 18 “A”; and 19 WHEREAS, 3045 Federal, LLC, has requested to rezone the property from Palm Beach 20 County’s General Commercial District (GC) to City of Boynton Beach’s Infill Planned Unit 21 Development (IPUD); and 22 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 23 advertised hearing received testimony and evidence related to the application and found that the 24 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 25 Florida Statutes; and, 26 476 ORDINANCE NO. 26-009 2.18.26 (IG) Page 2 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 27 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 28 and 29 WHEREAS, after careful review of the application, staff has determined that the proposed 30 rezoning is consistent with an amendment to the Future Land Use Map, which was 31 contemporaneously considered and approved by the City Commisison, complies with the City’s 32 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 33 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 34 which contains data and analysis supporting the rezoning; and 35 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 36 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 37 Regulations, and the City Commission deems it to be in the best interest of the public to amend 38 the City’s Zoning Map as further set forth herein. 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 40 BOYNTON BEACH, FLORIDA: 41 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 42 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 43 477 ORDINANCE NO. 26-009 2.18.26 (IG) Page 3 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 44 Palm Beach County’s General Commerical District (GC) to City of Boynton Beach’s Infill Planned 45 Unit Development (IPUD), and the City’s Official Zoning Map shall be amended accordingly. 46 Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 47 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 48 City’s Official Zoning Map to reflect the above-stated changes. 49 Section 4: Authorization to Transmit. The City Manager or designee is hereby 50 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 51 provisions of the Community Planning Act, if required. 52 Section 5: Severability. The provisions of this Ordinance are declared to be 53 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 54 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 55 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 56 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 57 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 58 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 59 Section 7: Effective Date. This Ordinance shall take effect immediately upon 60 adoption. 61 478 ORDINANCE NO. 26-009 2.18.26 (IG) Page 4 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 62 FIRST READING this ______ day of ___________, 2026. 63 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2026. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 67 Mayor – Rebecca Shelton _____ _____ 68 69 Vice Mayor – Woodrow L. Hay _____ _____ 70 71 Commissioner – Aimee Kelley _____ _____ 72 73 Commissioner – Angela Cruz _____ _____ 74 75 Commissioner – Thomas Turkin _____ _____ 76 77 VOTE ______ 78 ATTEST: 79 80 _____________________________ 81 Tammy Stanzione, CMC Rebecca Shelton 82 Deputy City Clerk Mayor 83 84 APPROVED AS TO FORM: 85 (Corporate Seal) 86 87 88 Shawna G. Lamb 89 City Attorney 90 479 ORDINANCE NO. 26-009 2.18.26 (IG) Page 5 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 480 ORDINANCE NO. 26-009 2.18.26 (IG) Page 6 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 481 ORDINANCE NO. 26-009 2.18.26 (IG) Page 7 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 482 ORDINANCE NO. 26-009 2.18.26 (IG) Page 8 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 483 ORDINANCE NO. 26-009 2.18.26 (IG) Page 9 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 484 ORDINANCE NO. 26-009 2.18.26 (IG) Page 10 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 485 ORDINANCE NO. 26-009 2.18.26 (IG) Page 11 of 11 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 486 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 18, 2026 (City Commission Hearings March 3, 2026, and March 23, 2026) PROJECT: The Hammocks at Boynton Beach Annexation – (ANEX 2025.09.5729, LUAR 20205.09.5729, and REZN 2025.09.5729) REQUEST: Approve The Hammocks at Boynton Beach request for Annexation (ANEX 2025.09.5729), Future Land Use Map Amendment (LUAR 2025.09.5729) from Palm Beach County’s CH/5 (Commercial High with an Underlying MR-5) to SHDR (Special High Density Residential), a Rezoning (REZN 2025.09.5729) from Palm Beach County’s CG (General Commercial District) to IPUD (Infill Planned Unit Development) a consisting of approximately 0.91 acres, located at 3045 North Federal Highway. Applicant: Thomas D. Laudani PROJECT DESCRIPTION Property Owner: 3045 Federal LLC Applicant: Thomas D. Laudani Address: 3045 North Federal Highway Location: The east side of Federal Highway, approximately 950 feet north of the Gulfstream Boulevard and North Federal Highway intersection. Existing Land Use: Palm Beach County CH/5 (Commercial High with an Underlying MR-5) Proposed Land Use: SHDR (Special High Density Residential) 487 Page 2 The Hammocks at Boynton Beach 2025.09.5729 2 Existing Zoning: Palm Beach County CG (General Commercial District) Proposed Zoning: IPUD (Infill Planned Unit Development) Overlay(s): Urban Commercial District Overlay Proposed Use: Multi-Family Residential Acreage: 0.91 acres Adjacent Uses: North: Vacant, FLUM classification of SHDR (Special High Density Residential). South: Medical Center, Palm Beach County FLUM classification of CH/5 (Commercial High with an Underlying MR-5) and zoned CG (General Commercial District) East: Residential, Palm Beach County FLUM classification of MR-5 (Medium Residential, 5 units per acre) and zoned RS (Single Family Residential) West: Multi-Family, FLUM classification SHDR (Special High Density Residential) and zoned PUD (Planned Unit Development). BACKGROUND The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR (Special High Density Residential) and a zoning classification of IPUD (Infill Planned Unit Development). The application is accompanied by a Master Plan for the IPUD zoning district as required per Part III, Chapter 2, Article II, Section 488 Page 3 The Hammocks at Boynton Beach 2025.09.5729 3 2.D.1e. ‘A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. The master plan depicts the required information depicting compliance of the zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4 of the Land Development Regulations. The master plan also included diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Review of the proposed annexation by staff finds the application meets the statutory conditions: the parcel is contiguous to the City boundary and “reasonably compact” in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 19, 2025 staff sent a preliminary notification of the proposed annexation to the Palm Beach County Administrator and Planning Director and on January 22, 2026 notification of the Public Hearing was sent via certified mail. Comments will be provided to the City Commission once received. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan , and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 163.3187, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, wh ich would not be appropriate once the property is annexed into the City. Furthermore, the location has 489 Page 4 The Hammocks at Boynton Beach 2025.09.5729 4 requested the same FLU and zoning as the parcel directly adjacent to the north. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.11.1 The City shall continue efforts to encourage a varie ty 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 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City’s land use classification and zoning district. Reclassification and rezoning of properties annexed through city - initiated actions can be postponed for up to 6 months unless improvements are requested. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The established land use pattern in the immediate area is largely single-family residential to the east, multi-family to the west, some commercial zoning and IPUD zoning adjacent to the lot. However, these lots are not developed. The proposed FLUM would not be contrary and will not be an isolated land use classification. 490 Page 5 The Hammocks at Boynton Beach 2025.09.5729 5 d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM and zoning designations will complement the existing uses of the area. The site serves as a buffer from the higher density multi -family uses across Federal Highway to the west, to the single family uses to the east. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Potable water is available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately t he year 2046. Drainage. Engineering has reviewed the subject project and do not anticipate any negative impacts. Further detailed review will be completed at time of the future Land Development Permit. Traffic. Seet attached Traffic Letter, no adverse impacts are expected. School. See attached SCAD approval letter. The school district does not anticipate negative impacts. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposal in question is consistent with surrounding development for residential development. The scale of the project, a total of ten (10) units, is reasonable for this area. 491 Page 6 The Hammocks at Boynton Beach 2025.09.5729 6 g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: (1) 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 (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The site is currently located within the unincorporated area of Palm Beach County. The annexation requires a FLUM and rezoning. By annexing into the City of Boynton Beach, future tax revenues generated from development on the site will benefit the City. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land availabl e 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 substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph “g” above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. While the request is to change from Commercial to Residential, the area is currently not located within the municipal boundaries of Boynton Beach, therefore, any change would not have a negative impact on the City of Boynton Beach, as the city has yet to benefit as the site is not located within city limits. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. While there may be comparable sites located within the municipal boundaries, if approved, this would allow for additional land to be brought into City Limits increasing the availability of land to be developed. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e 492 Page 7 The Hammocks at Boynton Beach 2025.09.5729 7 above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. See ‘Master Plan’ attachment. The Master Plan has been reviewed and meets the requirements established in the Land Development Regulations. RECOMMENDATION Staff has reviewed the proposed Annexation, Future Land Use Map Amendment, and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3, and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 493 D:\F Drive Backup\USB Drive\3045 DESCRIPTION SKETCH SHEET 1 -- 12/22/2025 -- 10:56 AM -- Scale 1 : 240.0000494 D:\F Drive Backup\USB Drive\3045 DESCRIPTION SKETCH SHEET 2 -- 12/22/2025 -- 10:56 AM -- Scale 1 : 240.0000495 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor EXISTING ZONING: CG (General Commercial District) Existing Zoning (CG)Existing Zoning (CG) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location Current City's Boundary CBB Zoning PUD Planned Unit Development IPUD Infill Planned Unit Development C3 Community Commercial PBC Zoning COMMUNITY COMMERCIAL DISTRICT GENERAL COMMERCIAL DISTRICT PUBLIC OWNERSHIP DISTRICT RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT SINGLE FAMILY RESIDENTIAL DISTRICT±496 NF e d e r a l H w y NFederalHwy NFederalHwyNFederalHwyW a l m a r t S u p e r c e n t e r NFederalHwyNFederalHwyN Federal Hwy N Federal Hwy N F e d e r a l Hwy NFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyNFederalHwyPiersonDrPalmDrPiersonDrPalmDrPalmDrI n t r a c o a s t a l R d PalmDrR o b e r t s R d PiersonDrI n t r a c o a s t a l R d PiersonDrR o b e r t s R d Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Microsoft, Vantor PROPOSED ZONING: IPUD (Infill Planned Unit Development) Proposed Zoning (IPUD)Proposed Zoning (IPUD) 0 50 100 150 20025 Feet 3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130)3045 N FEDERAL HWY (00-43-46-04-00-000-1030 & 00-43-46-04-12-000-0130) Tar ta n L a k e s R en a i s s an c e Co m m on s Piper s Gl e n G o l fv ie w H a r b o ur L a H a c i en d a L a n t a n a B o y n t o n B e a c h Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, (c) OpenStreetMap contributors, and the GIS User Community, State of Florida, Vantor Legend Site Location Current City's Boundary CBB Zoning PUD Planned Unit Development IPUD Infill Planned Unit Development C3 Community Commercial±497 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 1 August 29, 2025 3045 & 3045-1 N. Federal Highway, Boynton Beach, FL Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications Narrative Letter This narrative letter associated with the Voluntary Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications is respectfully submitted on behalf of Geraldine A. Hammond Living Trust for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN: 00-43-46-04-12-000-0130 & 00-43-46-04-00-000-1030). BACKGROUND: The 0.91-acre property is located on the east side of N. Federal Highway, approximately 895 feet north of Gulfstream Boulevard. The property contains 14 multi-family residential dwellings. The property currently has an underlying Palm Beach County Commercial High – 5 du/ac (CH-5) unity Future Land Use Map designation and is County General Commercial (CG). The subject property is located within the City of Boynton Beach Future Annexation Area and Urban Services Area. The proposal is to Annex the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. PROPOSAL: The proposal is the voluntary annexation of the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. The development proposal includes the following: 498 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 2 • Demolition of the 14 existing multi-family residential dwelling units. • Construction of a 10-unit, 3-story townhouse development (3-bed, 3.5 baths, 2-car garages, ~3,155 sf.). • Amenities consisting of pool cabana, swimming pool and outdoor kitchen area. ANALYSIS: ANNEXATION Article II, Section 2.A. Annexation, 1. General. a. Voluntary Annexations. A privately-initiated application for the voluntary annexation of real property into the corporate limits of the city shall be made by petition of all owners of said real property and filed in accordance with the provisions of F.S. Chapter 171. b. Other Annexation Methods. These city-initiated methods include annexation by referendum, annexation of enclaves through interlocal agreements, and annexation through interlocal service boundary agreements, processed in accordance with F.S. Chapter 171. c. Future Land Use Map (FLUM) and Zoning of Property to be Annexed. Application for the city FLUM classification and zoning district must accompany all privately-initiated applications for annexation. FLUM reclassification and rezoning for developed properties to be annexed through any of the city-initiated methods listed in subparagraph b. above, may be delayed if no application for building or site improvements is submitted prior to the adoption of the annexation ordinance; however, such reclassification and rezoning must be initiated within six (6) months of the annexation. 3. Review Criteria. a. Compliance with Statutory Requirements. Areas proposed for annexation must comply with the requirements in F.S. Chapter 171. b. Consistency with Comprehensive Plan. An application for annexation shall be consistent with the Comprehensive Plan. 499 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 3 Florida Statutes Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact, may petition the governing body of said municipality that said property be annexed to the municipality". The voluntary annexation was submitted, on behalf of the property owner of record, Geraldine A. Hammond Living Trust, for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN:12-43-46-16-B3- 000-0220). The parcels are contiguous to the City of Boynton Beach along the north and west sides of the properties. The subject properties are compact as the two parcels abut one another. Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". F.S. 171.031, Definitions – (13) “Enclave” means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Florida Statutes allows for the voluntary annexation that reduces an enclave area. FUTURE LAND USE MAP AMENDMENT & REZONING FUTURE LAND USE MAP AMENDMENT Article II, Section 2.B. Comprehensive Plan Amendments 3. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for “Consistency,” approval of a FLUM amendment/zoning request shall be based on the applicable factors listed under section 2.D.3 below. Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184) Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 10 acres or fewer, in which case they qualify as "small-scale" amendments and are not state-reviewed for compliance prior to adoption. REZONING, INCLUDING MASTER PLAN Article II, Section 2.D. Rezoning, Including Master Plan. 3. 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: 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 Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD are required in conjunction with the Voluntary Annexation application that is being processed concurrently. The proposed Future Land Use Map and zoning designations are consistent with the Future 500 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 4 Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with, a nd promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, any other current City-approved planning documents. The proposed SHDR Future Land Use Map designation and IPUD zoning designation are consistent with the Future Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. While the subject properties will not be incorporated into the CRA District, the future development of the subject properties to accommodate the 10 -unit townhouse development will result in a significant upgrade to blighted property. The FLUMA and Rezoning are consistent with the goals, objectives and policies of the Comprehensive Plan as well as The Community Redevelopment Plan, particularly the Federal Highway District. 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. The proposed SHDR Future Land Use Map designation and IPUD zoning designation will result in development that is compatible with the surrounding uses in terms of density, scale and nature of the use. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted. The existing Land Developments Regulations contain provisions that ensure compatibility with surrounding uses. It is noted, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods, in terms of overall design and massing. The redevelopment will be an enhancement to the local area and the city in general. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The proposed amendments to the Future Land Use and Zoning Maps will encourage a single phase unified urban infill development as envisioned for the Federal Highway corridor. 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. The proposed amendments to the Future Land Use and Zoning Maps support residential redevelopment in a manner that is complementary to adjacent land uses. The Amendments will also result in the development Location Development Type / Uses Land Use Designation Zoning District North (City) Vacant SHDR IPUD South (County) Medical Offices (American Care Medical Centers) CH-5 CG East (County) Single-family residences (Tradewinds Subdivision) MR-5 RS West (City) Multi-family residential (The Seabourn) & Storage Facility (Public Storage) SHDR & LRC IPUD & C3 501 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 5 that implements smart growth and sustainability initiatives including pedestrian connectivity and mobility as requirement Urban Commercial District Overlay and associated plans. 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 proposed redevelopment consists of the demolition of the existing 14 multi-family units and construction of 10 multifamily (townhouse) units. Per Chapter 1, Article VI Concurrency, D. Exemptions. The following type of development orders or permits are exempt from the concurrency requirements for public facilities: 2. Replacement or modification of existing residential buildings or non-residential buildings, unless there is an increase in the number of units or increase in floor area or intensity of use; only the net increase will be subject to concurrency review. However, the development of the subject property at the highest density allowed (20 units per acre) would allow a maximum of 18 units, which is 4 units greater than the 14 existing units. Based on the LOS standards set forth in the adopted Comprehensive Plan, a positive concurrency determination can be made that there is adequate capacity and availability for the following public facilities/services: a. Roadways, county and state – The property fronts and is accessible from Federal Highway only. A traffic statement has been provided for the subject property in compliance with the requirements of the Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Division has reviewed the traffic statement and determined the project meets the Traffic Performance Standards of Palm Beach County. Improvements within the Federal Highway right-of-way will be permitted through FDOT. b. Roadways, local – N/A c. Potable water – Water Service is available via connections to the existing water main within the Federal Highway right-of-way. d. Sanitary sewer – Sewer Service is available via connections to the existing water main within the Federal Highway right-of-way. e. Solid waste - Solid Waste Authority has indicated that its facilities have sufficient capacity to meet the needs of city residents through the depletion year in 2054. f. Stormwater drainage - Drainage will be retained on site exfiltration system and retention area. There are no concerns complying with SFWMD requirements. g. Parks – The project will have no impacts on the City’s LOS as they relate to parks. The proposal will also provide on-site recreation amenities. h. Public school facilities that are under the supervision of the School District of Palm Beach County – a School Concurrency Adequacy Determination g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: 502 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 6 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 SHDR Future Land Use Map designation and IPUD zoning designation will not represent a potential decrease in the possible intensity of development, given 20 units per acre is allowed on the 0.91 acre property (18 units total). Given the location, size, depth and configuration of the blighted property as well as the fact that the property abuts low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation does not represent a potential decrease in the number of uses with high probable economic development benefits. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions, obsolete residential development and encourage significant economic investment in the area. 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 (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. As stated in “g” above, given the location, size, depth and configuration of the blighted property as well as the fact that the properties abut low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation are more appropriate for the properties and encourage additional residential investment and development to help support local businesses along the Federal Highway corridor. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions and encourage significant economic investment in the area. Pursuant to LDR Article III, Section 2 G. IPUD Infill Planned Unit Development District..1.b. Prerequisite Location Standards, 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. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; 503 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 7 (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. The proposed IPUD complies with the standards above. While not required, the proposed residential development principally fronts an Arterial (Federal Highway) and does not include any non-residential uses. 6. Master Plan c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: 1. Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. 2. Diagrams. the master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Article II, Section 2.F. Site Plan, Including Time Extension and Modifications. 2.Major Site Plan. b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted in the Infill Planned Unit Development (IPUD) zoning district. As stated previously, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods , in terms of overall design and massing. The plans illustrate the location of the uses, height, massing and density of the proposed development. The proposed development complies with the IPUD development standards, including but not limited to site area, building setbacks, building height and maximum lot coverage. The proposal also is in compliance with the Urban Commercial District Overlay - Pedestrian Zone & Building Setbacks and the following applicable Site Development Standards in LDR Chapter 4: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XIII. Sustainable Development Standards Based upon the above, the proposed Voluntary Annexation, Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD with the Master Plan and Site Plan are consistent with the Comprehensive Plan and meets the applicable criteria and development standards set forth in the Land Development Regulations. Based upon the above, approval of the Voluntary Annexation, FLUM Amendment and Rezoning with Master Plan and Site Plan is respectfully requested. Please contact me if you have any questions or require additional information. 504 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 8 Thank you for your consideration. Sincerely, Jeffrey A. Costello, AICP, FRA-RP JC Planning Solutions, LLC 505 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: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02- 013 TO REZONE AN APPROXIMATELY 0.91 ACRE PARCEL OF REAL PROPERTY LOCATED AT 3045 NORTH FEDERAL HIGHWAY, FROM PALM BEACH COUNTY’S GENERAL COMMERCIAL DISTRICT (GC) TO CITY OF BOYNTON BEACH’S 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. 506 Page 2 of 3 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. 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): The subject area is located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The site currently has a Palm Beach County Future Land Use (FLU) designation of CH/5 and is zoned Palm Beach County CG. The parcel is currently developed with several cottage type structures. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR (Special High Density Residential) and IPUD (Infill Planned Unit Development), respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, it would permit this location to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. An application for a voluntary annexation is required to be accompanied by a Future Land Use Map Amendment and Rezoning. As such, the application is requesting a FLU designation of SHDR and a zoning classification of IPUD. The application is accompanied by a Master Plan for the IPUD zoning district as required per Part III, Chapter 2, Article II, Section 2.D.1e. ‘A master plan shall be required when a privately-initiated application is made to rezone lands to a planned zoning district. 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 507 Page 3 of 3 (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 508 City of Boynton Beach Agenda Item Request Form 8.I 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Approve request for a New Major Master Plan for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. Requested Action: Staff recommends that the decision be tabled for the second reading of the companion The Hammocks at Boynton Beach Annexation, Future Land Use Map Amendment, and Rezoning Ordinance. Explanation of Request: The subject area is currently located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The parcel is currently developed with several cottage-type structures. The applicant has submitted a concurrent application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, the developer would demolish the existing structures and redevelop the site as a multi-family product with two (2) duplexes and one (1) 6-plex, an outdoor kitchen, pool, cabana, and other site improvements. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Staff Report- The Hammocks at Boynton Beach.docx Exhibit A - Narrative Ltr.pdf Exhibit B - Master Plan.pdf Exhibit C - Traffic Statement.pdf Exhibit D - Conditions of Approval.docx Development Order _ Master Plan.docx 509 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 18, 2026 (City Commission Hearing: March 23, 2026) PROJECT: The Hammocks at Boynton Beach – NMMP 2025.09.5729 and NWSP 2025.09.5729 REQUEST: Approve request for a New Major Master Plan (NMMP 2025.09.5729) and New Major Site Plan (NWSP 2025.09.5729) for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. PROJECT DESCRIPTION Property Owner: 3045 Federal LLC Applicant: Thomas D. Laudani Address: 3045 North Federal Highway Location: The east side of Federal Highway, approximately 950 feet north of the Gulfstream Boulevard and North Federal Highway intersection. Existing Land Use: Palm Beach County CH/5 (Commercial High with an Underlying MR-5) Proposed Land Use: SHDR (Special High Density Residential) Existing Zoning: Palm Beach County CG (General Commercial District) Proposed Zoning: IPUD (Infill Planned Unit Development) Overlay(s): Urban Commercial District Overlay 510 The Hammocks at Boynton Beach 2025.09.5729 Page 2 2 Proposed Use: Multi-Family Residential Acreage: 0.91 acres Adjacent Uses: North: Vacant, FLUM classification of SHDR (Special High Density Residential). South: Medical Center, Palm Beach County FLUM classification of CH/5 (Commercial High with an Underlying MR-5) and zoned CG (General Commercial District) East: Residential, Palm Beach County FLUM classification of MR-5 (Medium Residential, 5 units per acre) and zoned RS (Single Family Residential) West: Multi-Family, FLUM classification SHDR (Special High Density Residential) and zoned PUD (Planned Unit Development). PROPERTY OWNER NOTIFICATION Notice of the request was mailed to property owners within 400 feet of the subject property, and signs were posted for the City Commission hearing dates. The applicant has certified compliance with Ordinance Nos. 04-007 and 05-004. PROPOSED DEVELOPMENT Proposal: The proposal is to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements on a 0.91 acre parcel. Background: The subject area is currently located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The parcel is currently developed with several cottage type structures. The applicant has submitted a concurrent application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, the developer would demolish the existing structure to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. 511 The Hammocks at Boynton Beach 2025.09.5729 Page 3 3 ANALYSIS Traffic and Access: A FDOT approved Traffic Statement has been submitted. The proposed development is anticipated to generate fewer daily trips than what is currently on site. Utilities: Potable water and sanitary sewer service will be provided by the City of Boynton Beach. Utility availability has been confirmed. There are two conditions of approvals added for outstanding comments from the Utility Department. Fire: The Fire Department reviewed the site plan and has no objection. Police: The Police Department reviewed the site plan for CPTED compliance and while they have no objection to the development, they have added five conditions of approval to the Development Order. Engineering/ Drainage: The Engineering Division reviewed the plans provided and determined that the proposal is in general compliance with City engineering standards. Driveway geometry, internal circulation, and service access function appropriately. Remaining technical items will be addressed during permitting. At the time the Engineer of Record submits plans for a Land Development Permit (LDP), an in-depth review of the civil plans, grading, drainage design, and utility layout will take place. The plans shall be 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. Parking and Circulation: Parking is provided in compliance with City requirements for multi- family uses. Landscaping and Buffering: The landscape plan meets City requirements for perimeter buffering, interior parking landscaping, and streetscape improvements. Buffering is provided along the north and, south property lines, along with an Urban Type 2 Buffer at the east property line adjacent to existing residential uses. The streetscape landscaping enhances the North Federal Highway frontage in accordance with Urban Commercial Overlay standards, providing shaded sidewalks and 512 The Hammocks at Boynton Beach 2025.09.5729 Page 4 4 upgraded landscaping. Building Height and Design: The previous maximum building height was 45 feet, the propose d rezoning to IPUD is the same at 45 feet. Elevations are attached, showing a maximum of three stories. Lighting: The photometric plan demonstrates compliance with City lighting standards. Full-cutoff fixtures limit light spillover onto adjacent properties while providing adequate illumination for safety. Signage: Signage is not included in this site plan approval and will be reviewed under a separate permit. Consistency with FLUM & Rezoning: The site plan is consistent with the required SHDR future land use designation and IPUD zoning district. Approval of the site plan is contingent upon approval of the companion FLUM and Rezoning applications. RECOMMENDATION Staff recommends APPROVAL of the New Major Master Plan and New Major Site Plan, subject to approval of the accompanying applications and satisfying all comments indicated in “Exhibit D” – Conditions of Approval. Any additional conditions imposed by the City Commission will be incorporated into Exhibit “D” – Conditions of Approval. 513 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 1 August 29, 2025 3045 & 3045-1 N. Federal Highway, Boynton Beach, FL Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications Narrative Letter This narrative letter associated with the Voluntary Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications is respectfully submitted on behalf of Geraldine A. Hammond Living Trust for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN: 00-43-46-04-12-000-0130 & 00-43-46-04-00-000-1030). BACKGROUND: The 0.91-acre property is located on the east side of N. Federal Highway, approximately 895 feet north of Gulfstream Boulevard. The property contains 14 multi-family residential dwellings. The property currently has an underlying Palm Beach County Commercial High – 5 du/ac (CH-5) unity Future Land Use Map designation and is County General Commercial (CG). The subject property is located within the City of Boynton Beach Future Annexation Area and Urban Services Area. The proposal is to Annex the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. PROPOSAL: The proposal is the voluntary annexation of the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. The development proposal includes the following: 514 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 2 • Demolition of the 14 existing multi-family residential dwelling units. • Construction of a 10-unit, 3-story townhouse development (3-bed, 3.5 baths, 2-car garages, ~3,155 sf.). • Amenities consisting of pool cabana, swimming pool and outdoor kitchen area. ANALYSIS: ANNEXATION Article II, Section 2.A. Annexation, 1. General. a. Voluntary Annexations. A privately-initiated application for the voluntary annexation of real property into the corporate limits of the city shall be made by petition of all owners of said real property and filed in accordance with the provisions of F.S. Chapter 171. b. Other Annexation Methods. These city-initiated methods include annexation by referendum, annexation of enclaves through interlocal agreements, and annexation through interlocal service boundary agreements, processed in accordance with F.S. Chapter 171. c. Future Land Use Map (FLUM) and Zoning of Property to be Annexed. Application for the city FLUM classification and zoning district must accompany all privately-initiated applications for annexation. FLUM reclassification and rezoning for developed properties to be annexed through any of the city-initiated methods listed in subparagraph b. above, may be delayed if no application for building or site improvements is submitted prior to the adoption of the annexation ordinance; however, such reclassification and rezoning must be initiated within six (6) months of the annexation. 3. Review Criteria. a. Compliance with Statutory Requirements. Areas proposed for annexation must comply with the requirements in F.S. Chapter 171. b. Consistency with Comprehensive Plan. An application for annexation shall be consistent with the Comprehensive Plan. 515 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 3 Florida Statutes Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact, may petition the governing body of said municipality that said property be annexed to the municipality". The voluntary annexation was submitted, on behalf of the property owner of record, Geraldine A. Hammond Living Trust, for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN:12-43-46-16-B3- 000-0220). The parcels are contiguous to the City of Boynton Beach along the north and west sides of the properties. The subject properties are compact as the two parcels abut one another. Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". F.S. 171.031, Definitions – (13) “Enclave” means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Florida Statutes allows for the voluntary annexation that reduces an enclave area. FUTURE LAND USE MAP AMENDMENT & REZONING FUTURE LAND USE MAP AMENDMENT Article II, Section 2.B. Comprehensive Plan Amendments 3. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for “Consistency,” approval of a FLUM amendment/zoning request shall be based on the applicable factors listed under section 2.D.3 below. Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184) Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 10 acres or fewer, in which case they qualify as "small-scale" amendments and are not state-reviewed for compliance prior to adoption. REZONING, INCLUDING MASTER PLAN Article II, Section 2.D. Rezoning, Including Master Plan. 3. 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: 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 Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD are required in conjunction with the Voluntary Annexation application that is being processed concurrently. The proposed Future Land Use Map and zoning designations are consistent with the Future 516 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 4 Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with, a nd promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, any other current City-approved planning documents. The proposed SHDR Future Land Use Map designation and IPUD zoning designation are consistent with the Future Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. While the subject properties will not be incorporated into the CRA District, the future development of the subject properties to accommodate the 10 -unit townhouse development will result in a significant upgrade to blighted property. The FLUMA and Rezoning are consistent with the goals, objectives and policies of the Comprehensive Plan as well as The Community Redevelopment Plan, particularly the Federal Highway District. 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. The proposed SHDR Future Land Use Map designation and IPUD zoning designation will result in development that is compatible with the surrounding uses in terms of density, scale and nature of the use. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted. The existing Land Developments Regulations contain provisions that ensure compatibility with surrounding uses. It is noted, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods, in terms of overall design and massing. The redevelopment will be an enhancement to the local area and the city in general. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The proposed amendments to the Future Land Use and Zoning Maps will encourage a single phase unified urban infill development as envisioned for the Federal Highway corridor. 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. The proposed amendments to the Future Land Use and Zoning Maps support residential redevelopment in a manner that is complementary to adjacent land uses. The Amendments will also result in the development Location Development Type / Uses Land Use Designation Zoning District North (City) Vacant SHDR IPUD South (County) Medical Offices (American Care Medical Centers) CH-5 CG East (County) Single-family residences (Tradewinds Subdivision) MR-5 RS West (City) Multi-family residential (The Seabourn) & Storage Facility (Public Storage) SHDR & LRC IPUD & C3 517 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 5 that implements smart growth and sustainability initiatives including pedestrian connectivity and mobility as requirement Urban Commercial District Overlay and associated plans. 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 proposed redevelopment consists of the demolition of the existing 14 multi-family units and construction of 10 multifamily (townhouse) units. Per Chapter 1, Article VI Concurrency, D. Exemptions. The following type of development orders or permits are exempt from the concurrency requirements for public facilities: 2. Replacement or modification of existing residential buildings or non-residential buildings, unless there is an increase in the number of units or increase in floor area or intensity of use; only the net increase will be subject to concurrency review. However, the development of the subject property at the highest density allowed (20 units per acre) would allow a maximum of 18 units, which is 4 units greater than the 14 existing units. Based on the LOS standards set forth in the adopted Comprehensive Plan, a positive concurrency determination can be made that there is adequate capacity and availability for the following public facilities/services: a. Roadways, county and state – The property fronts and is accessible from Federal Highway only. A traffic statement has been provided for the subject property in compliance with the requirements of the Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Division has reviewed the traffic statement and determined the project meets the Traffic Performance Standards of Palm Beach County. Improvements within the Federal Highway right-of-way will be permitted through FDOT. b. Roadways, local – N/A c. Potable water – Water Service is available via connections to the existing water main within the Federal Highway right-of-way. d. Sanitary sewer – Sewer Service is available via connections to the existing water main within the Federal Highway right-of-way. e. Solid waste - Solid Waste Authority has indicated that its facilities have sufficient capacity to meet the needs of city residents through the depletion year in 2054. f. Stormwater drainage - Drainage will be retained on site exfiltration system and retention area. There are no concerns complying with SFWMD requirements. g. Parks – The project will have no impacts on the City’s LOS as they relate to parks. The proposal will also provide on-site recreation amenities. h. Public school facilities that are under the supervision of the School District of Palm Beach County – a School Concurrency Adequacy Determination g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: 518 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 6 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 SHDR Future Land Use Map designation and IPUD zoning designation will not represent a potential decrease in the possible intensity of development, given 20 units per acre is allowed on the 0.91 acre property (18 units total). Given the location, size, depth and configuration of the blighted property as well as the fact that the property abuts low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation does not represent a potential decrease in the number of uses with high probable economic development benefits. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions, obsolete residential development and encourage significant economic investment in the area. 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 (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. As stated in “g” above, given the location, size, depth and configuration of the blighted property as well as the fact that the properties abut low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation are more appropriate for the properties and encourage additional residential investment and development to help support local businesses along the Federal Highway corridor. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions and encourage significant economic investment in the area. Pursuant to LDR Article III, Section 2 G. IPUD Infill Planned Unit Development District..1.b. Prerequisite Location Standards, 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. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; 519 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 7 (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. The proposed IPUD complies with the standards above. While not required, the proposed residential development principally fronts an Arterial (Federal Highway) and does not include any non-residential uses. 6. Master Plan c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: 1. Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. 2. Diagrams. the master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Article II, Section 2.F. Site Plan, Including Time Extension and Modifications. 2.Major Site Plan. b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted in the Infill Planned Unit Development (IPUD) zoning district. As stated previously, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods , in terms of overall design and massing. The plans illustrate the location of the uses, height, massing and density of the proposed development. The proposed development complies with the IPUD development standards, including but not limited to site area, building setbacks, building height and maximum lot coverage. The proposal also is in compliance with the Urban Commercial District Overlay - Pedestrian Zone & Building Setbacks and the following applicable Site Development Standards in LDR Chapter 4: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XIII. Sustainable Development Standards Based upon the above, the proposed Voluntary Annexation, Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD with the Master Plan and Site Plan are consistent with the Comprehensive Plan and meets the applicable criteria and development standards set forth in the Land Development Regulations. Based upon the above, approval of the Voluntary Annexation, FLUM Amendment and Rezoning with Master Plan and Site Plan is respectfully requested. Please contact me if you have any questions or require additional information. 520 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 8 Thank you for your consideration. Sincerely, Jeffrey A. Costello, AICP, FRA-RP JC Planning Solutions, LLC 521 522 523 524 525 526 527 528 529 530 531 532 533 EXHIBIT “D” Conditions of Approval Project Name: The Hammocks at Boynton Beach File number: NMMP 2025.09.5729 and NWSP 2025.09.5729 Reference: March 23, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. 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), easements, and landscaping can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Ch. 4. Art. VIII. Sec. 3.B. The Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. The applicant provided a signed composite plan showing proposed wet utilities at the time of site plan approval and acknowledged that if any layout modifications are required to accommodate the proposed utilities (wet and dry) in the future, they may be subject to a site plan modification. X 2. At the time of the Engineer of Record submits plans for a Land Development Permit (LDP), an addressing plan in accordance with 2010 LDR Ch. 4 Art. VIII. Sec. 3.C.3.e. shall be submitted for approval. The property address currently notes North Federal Highway whereas it should be South Federal Highway. Coordinate appropriate address and numbering with Engineering. X 3. At the time the Engineer of Record submits plans for a Land Development Permit (LDP), an in-depth review will take place. The plans shall be 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. X 4. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage X 534 The Hammocks at Boynton Beach Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 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, shall be required prior to issuance of a Land Development Permit. 5. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual Chapter 5, Paragraph D.1.b. X 6. Prior to permit application, contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10 -26 (a). X 7. The Land Development Permit (LDP) shall be required prior to the commencement of any new construction (or modification) of site improvements, required infrastructure, and activities listed in accordance with the 2010 LDR Ch. 2. Art. III. Sec. 3. X 8. In accordance with the 2010 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. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by these Regulations for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by these Regulations. X 9. The proposed water meter bank for units 6 through 10 must be situated entirely within the dedicated City utility easement. Please adjust the easement from the site, utility, and Landscape plans to reflect this shift, ensuring that the meters are accessible for City inspection and maintenance. X 535 The Hammocks at Boynton Beach Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT 10. Revise the Civil Engineering plans to clearly show the location, sizing, and specific model of the outdoor grease trap, ensuring it is situated in a location that is easily accessible for routine maintenance and pumping. X PLANNING AND ZONING Comments: 11. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning Division one (1) week prior to the first public hearing. X 12. Approval of the New Site Plan is contingent upon the approval of the Annexation, FLUM amendment, rezone and Master Plan. X 13. Pursuant to Part III, Chapter 4, Article II, Section 4.B.3.c.(2), Landscape Design and Buffering Standards of the Land Development Regulations, the project shall provide one (1) tree spaced every thirty (30) linear feet on center; and a continuous hedge of three (3) feet in height located on the outside of buffer wall. X POLICE Comments: 14. Shrubs and Bushes Maintain at a maximum height of 3 feet to prevent blocked sightlines and eliminate potential hiding places. 15. Trees Trim lower branches up to 6 feet from the ground to ensure clear visibility throughout the site. 16. Plant Placement Keep plants away from doors, windows, and walkways to maintain unobstructed views. Avoid planting tall or dense landscaping that could obstruct lighting or security cameras. 17. Lighting Install LED lighting along streets, sidewalks, entrances, garages, and pool areas to enhance natural surveillance. Also, provide adequate lighting around mailboxes, package delivery areas. 536 The Hammocks at Boynton Beach Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT 18. Access Control Install cameras at all main entrances to include mailboxes and package delivery area. Secure entry to the pool and outdoor kitchen with gates or controlled key fob access to limit unauthorized entry. BUILDING Comments: None FIRE Comments: None CITY COMMISSION CONDITIONS Comments: X 537 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Hammocks at Boynton Beach NMMP 2025.09.5729 APPLICANT: Thomas D. Laudani APPLICANT’S ADDRESS: 185 NE 4th Ave, Suite 104, Delray Beach, FL, 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 23, 2026 APPROVAL SOUGHT: Approve request for a New Major Master Plan (NMMP 2025.09.5729) for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. LOCATION OF PROPERTY: 3045 North Federal Highway DRAWING(S): SEE EXHIBITS “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of 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 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 “E” with notation “Included.” 4. The Applicant’s request is hereby 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 538 City of Boynton Beach Agenda Item Request Form 8.J 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. 03/ 3/2026 Meeting Date: 03/ 3/2026 Approve request for a New Major Site Plan for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. Requested Action: Staff recommends that the decision be tabled for the second reading of the companion The Hammocks at Boynton Beach Annexation, Future Land Use Map Amendment, and Rezoning Ordinance. Explanation of Request: The subject area is currently located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The parcel is currently developed with several cottage-type structures. The applicant has submitted a concurrent application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively, and is also located within the UCDO (Urban Commercial District Overlay). If approved, the developer would demolish the existing structure(s) to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Staff Report- The Hammocks at Boynton Beach.docx Exhibit A - Narrative Ltr.pdf Exhibit B - Plan Set.pdf Exhibit C - Traffic Statement.pdf Exhibit D - Conditions of Approval.docx Exhibit E - SCAD Letter.Annexation of 3045 N Federal Hwy.signed.pdf Development Order _ Site Plan.docx 539 540 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Members of the City Commission THRU: Kevin Fischer, AICP Planning & Zoning Division Director FROM: Gabe Sevigny, Principal Planner DATE: February 18, 2026 (City Commission Hearing: March 23, 2026) PROJECT: The Hammocks at Boynton Beach – NMMP 2025.09.5729 and NWSP 2025.09.5729 REQUEST: Approve request for a New Major Master Plan (NMMP 2025.09.5729) and New Major Site Plan (NWSP 2025.09.5729) for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. PROJECT DESCRIPTION Property Owner: 3045 Federal LLC Applicant: Thomas D. Laudani Address: 3045 North Federal Highway Location: The east side of Federal Highway, approximately 950 feet north of the Gulfstream Boulevard and North Federal Highway intersection. Existing Land Use: Palm Beach County CH/5 (Commercial High with an Underlying MR-5) Proposed Land Use: SHDR (Special High Density Residential) Existing Zoning: Palm Beach County CG (General Commercial District) Proposed Zoning: IPUD (Infill Planned Unit Development) Overlay(s): Urban Commercial District Overlay 541 The Hammocks at Boynton Beach 2025.09.5729 Page 2 2 Proposed Use: Multi-Family Residential Acreage: 0.91 acres Adjacent Uses: North: Vacant, FLUM classification of SHDR (Special High Density Residential). South: Medical Center, Palm Beach County FLUM classification of CH/5 (Commercial High with an Underlying MR-5) and zoned CG (General Commercial District) East: Residential, Palm Beach County FLUM classification of MR-5 (Medium Residential, 5 units per acre) and zoned RS (Single Family Residential) West: Multi-Family, FLUM classification SHDR (Special High Density Residential) and zoned PUD (Planned Unit Development). PROPERTY OWNER NOTIFICATION Notice of the request was mailed to property owners within 400 feet of the subject property, and signs were posted for the City Commission hearing dates. The applicant has certified compliance with Ordinance Nos. 04-007 and 05-004. PROPOSED DEVELOPMENT Proposal: The proposal is to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements on a 0.91 acre parcel. Background: The subject area is currently located in unincorporated Palm Beach County and is contiguous to the City of Boynton Beach on the north and west boundaries. The parcel is currently developed with several cottage type structures. The applicant has submitted a concurrent application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to SHDR and IPUD, respectively. The site is located within the UCDO (Urban Commercial District Overlay). If approved, the developer would demolish the existing structure to redevelop as a multi-family type product with two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements. 542 The Hammocks at Boynton Beach 2025.09.5729 Page 3 3 ANALYSIS Traffic and Access: A FDOT approved Traffic Statement has been submitted. The proposed development is anticipated to generate fewer daily trips than what is currently on site. Utilities: Potable water and sanitary sewer service will be provided by the City of Boynton Beach. Utility availability has been confirmed. There are two conditions of approvals added for outstanding comments from the Utility Department. Fire: The Fire Department reviewed the site plan and has no objection. Police: The Police Department reviewed the site plan for CPTED compliance and while they have no objection to the development, they have added five conditions of approval to the Development Order. Engineering/ Drainage: The Engineering Division reviewed the plans provided and determined that the proposal is in general compliance with City engineering standards. Driveway geometry, internal circulation, and service access function appropriately. Remaining technical items will be addressed during permitting. At the time the Engineer of Record submits plans for a Land Development Permit (LDP), an in-depth review of the civil plans, grading, drainage design, and utility layout will take place. The plans shall be 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. Parking and Circulation: Parking is provided in compliance with City requirements for multi- family uses. Landscaping and Buffering: The landscape plan meets City requirements for perimeter buffering, interior parking landscaping, and streetscape improvements. Buffering is provided along the north and, south property lines, along with an Urban Type 2 Buffer at the east property line adjacent to existing residential uses. The streetscape landscaping enhances the North Federal Highway frontage in accordance with Urban Commercial Overlay standards, providing shaded sidewalks and 543 The Hammocks at Boynton Beach 2025.09.5729 Page 4 4 upgraded landscaping. Building Height and Design: The previous maximum building height was 45 feet, the propose d rezoning to IPUD is the same at 45 feet. Elevations are attached, showing a maximum of three stories. Lighting: The photometric plan demonstrates compliance with City lighting standards. Full-cutoff fixtures limit light spillover onto adjacent properties while providing adequate illumination for safety. Signage: Signage is not included in this site plan approval and will be reviewed under a separate permit. Consistency with FLUM & Rezoning: The site plan is consistent with the required SHDR future land use designation and IPUD zoning district. Approval of the site plan is contingent upon approval of the companion FLUM and Rezoning applications. RECOMMENDATION Staff recommends APPROVAL of the New Major Master Plan and New Major Site Plan, subject to approval of the accompanying applications and satisfying all comments indicated in “Exhibit D” – Conditions of Approval. Any additional conditions imposed by the City Commission will be incorporated into Exhibit “D” – Conditions of Approval. 544 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 1 August 29, 2025 3045 & 3045-1 N. Federal Highway, Boynton Beach, FL Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications Narrative Letter This narrative letter associated with the Voluntary Annexation, Future Land Use Map Amendment, Rezoning w/ Master Plan and Site Plan Applications is respectfully submitted on behalf of Geraldine A. Hammond Living Trust for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN: 00-43-46-04-12-000-0130 & 00-43-46-04-00-000-1030). BACKGROUND: The 0.91-acre property is located on the east side of N. Federal Highway, approximately 895 feet north of Gulfstream Boulevard. The property contains 14 multi-family residential dwellings. The property currently has an underlying Palm Beach County Commercial High – 5 du/ac (CH-5) unity Future Land Use Map designation and is County General Commercial (CG). The subject property is located within the City of Boynton Beach Future Annexation Area and Urban Services Area. The proposal is to Annex the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. PROPOSAL: The proposal is the voluntary annexation of the property into the City of Boynton Beach with a Future Land Use Map designation of Special High Density Residential (SHDR); 20 du/ac and an Infill Planned Development (IPUD) zoning district designation. The development proposal includes the following: 545 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 2 • Demolition of the 14 existing multi-family residential dwelling units. • Construction of a 10-unit, 3-story townhouse development (3-bed, 3.5 baths, 2-car garages, ~3,155 sf.). • Amenities consisting of pool cabana, swimming pool and outdoor kitchen area. ANALYSIS: ANNEXATION Article II, Section 2.A. Annexation, 1. General. a. Voluntary Annexations. A privately-initiated application for the voluntary annexation of real property into the corporate limits of the city shall be made by petition of all owners of said real property and filed in accordance with the provisions of F.S. Chapter 171. b. Other Annexation Methods. These city-initiated methods include annexation by referendum, annexation of enclaves through interlocal agreements, and annexation through interlocal service boundary agreements, processed in accordance with F.S. Chapter 171. c. Future Land Use Map (FLUM) and Zoning of Property to be Annexed. Application for the city FLUM classification and zoning district must accompany all privately-initiated applications for annexation. FLUM reclassification and rezoning for developed properties to be annexed through any of the city-initiated methods listed in subparagraph b. above, may be delayed if no application for building or site improvements is submitted prior to the adoption of the annexation ordinance; however, such reclassification and rezoning must be initiated within six (6) months of the annexation. 3. Review Criteria. a. Compliance with Statutory Requirements. Areas proposed for annexation must comply with the requirements in F.S. Chapter 171. b. Consistency with Comprehensive Plan. An application for annexation shall be consistent with the Comprehensive Plan. 546 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 3 Florida Statutes Governing Voluntary Annexations: Pursuant to the Florida Statutes 171.044, "the owner or owners of real properties in an unincorporated area of the County, which is contiguous to a municipality and reasonably compact, may petition the governing body of said municipality that said property be annexed to the municipality". The voluntary annexation was submitted, on behalf of the property owner of record, Geraldine A. Hammond Living Trust, for the properties located at 3045 & 3045-1 N. Federal Hwy., Delray Beach FL, 33483 (PCN:12-43-46-16-B3- 000-0220). The parcels are contiguous to the City of Boynton Beach along the north and west sides of the properties. The subject properties are compact as the two parcels abut one another. Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". F.S. 171.031, Definitions – (13) “Enclave” means: (a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or (b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Florida Statutes allows for the voluntary annexation that reduces an enclave area. FUTURE LAND USE MAP AMENDMENT & REZONING FUTURE LAND USE MAP AMENDMENT Article II, Section 2.B. Comprehensive Plan Amendments 3. Future Land Use Map (FLUM) Amendment c. Review Criteria. All privately initiated FLUM amendments shall be reviewed concurrently with the accompanying zoning request. Except for city-initiated FLUM amendments, which shall at a minimum meet criterion (2) for “Consistency,” approval of a FLUM amendment/zoning request shall be based on the applicable factors listed under section 2.D.3 below. Comprehensive Plan Future Land Use Map (FLUM) Amendments (pursuant to F.S. Chapter 163.3184) Comprehensive Plan FLUM amendments are subject to expedited state review unless they involve a use of 10 acres or fewer, in which case they qualify as "small-scale" amendments and are not state-reviewed for compliance prior to adoption. REZONING, INCLUDING MASTER PLAN Article II, Section 2.D. Rezoning, Including Master Plan. 3. 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: 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 Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD are required in conjunction with the Voluntary Annexation application that is being processed concurrently. The proposed Future Land Use Map and zoning designations are consistent with the Future 547 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 4 Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. b. Consistency. Whether the proposed amendments to the FLU and Zoning maps would be consistent with, a nd promote, the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, any other current City-approved planning documents. The proposed SHDR Future Land Use Map designation and IPUD zoning designation are consistent with the Future Land Use Map and Zoning designations of abutting City of Boynton Beach properties to the north and west along the Federal Highway corridor. While the subject properties will not be incorporated into the CRA District, the future development of the subject properties to accommodate the 10 -unit townhouse development will result in a significant upgrade to blighted property. The FLUMA and Rezoning are consistent with the goals, objectives and policies of the Comprehensive Plan as well as The Community Redevelopment Plan, particularly the Federal Highway District. 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. The proposed SHDR Future Land Use Map designation and IPUD zoning designation will result in development that is compatible with the surrounding uses in terms of density, scale and nature of the use. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted. The existing Land Developments Regulations contain provisions that ensure compatibility with surrounding uses. It is noted, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods, in terms of overall design and massing. The redevelopment will be an enhancement to the local area and the city in general. d. Orderly Growth. Whether the proposed amendments to the FLU and Zoning maps would encourage piecemeal development or create undevelopable parcels. The proposed amendments to the Future Land Use and Zoning Maps will encourage a single phase unified urban infill development as envisioned for the Federal Highway corridor. 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. The proposed amendments to the Future Land Use and Zoning Maps support residential redevelopment in a manner that is complementary to adjacent land uses. The Amendments will also result in the development Location Development Type / Uses Land Use Designation Zoning District North (City) Vacant SHDR IPUD South (County) Medical Offices (American Care Medical Centers) CH-5 CG East (County) Single-family residences (Tradewinds Subdivision) MR-5 RS West (City) Multi-family residential (The Seabourn) & Storage Facility (Public Storage) SHDR & LRC IPUD & C3 548 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 5 that implements smart growth and sustainability initiatives including pedestrian connectivity and mobility as requirement Urban Commercial District Overlay and associated plans. 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 proposed redevelopment consists of the demolition of the existing 14 multi-family units and construction of 10 multifamily (townhouse) units. Per Chapter 1, Article VI Concurrency, D. Exemptions. The following type of development orders or permits are exempt from the concurrency requirements for public facilities: 2. Replacement or modification of existing residential buildings or non-residential buildings, unless there is an increase in the number of units or increase in floor area or intensity of use; only the net increase will be subject to concurrency review. However, the development of the subject property at the highest density allowed (20 units per acre) would allow a maximum of 18 units, which is 4 units greater than the 14 existing units. Based on the LOS standards set forth in the adopted Comprehensive Plan, a positive concurrency determination can be made that there is adequate capacity and availability for the following public facilities/services: a. Roadways, county and state – The property fronts and is accessible from Federal Highway only. A traffic statement has been provided for the subject property in compliance with the requirements of the Palm Beach County Traffic Performance Standards Ordinance. The Palm Beach County Traffic Division has reviewed the traffic statement and determined the project meets the Traffic Performance Standards of Palm Beach County. Improvements within the Federal Highway right-of-way will be permitted through FDOT. b. Roadways, local – N/A c. Potable water – Water Service is available via connections to the existing water main within the Federal Highway right-of-way. d. Sanitary sewer – Sewer Service is available via connections to the existing water main within the Federal Highway right-of-way. e. Solid waste - Solid Waste Authority has indicated that its facilities have sufficient capacity to meet the needs of city residents through the depletion year in 2054. f. Stormwater drainage - Drainage will be retained on site exfiltration system and retention area. There are no concerns complying with SFWMD requirements. g. Parks – The project will have no impacts on the City’s LOS as they relate to parks. The proposal will also provide on-site recreation amenities. h. Public school facilities that are under the supervision of the School District of Palm Beach County – a School Concurrency Adequacy Determination g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: 549 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 6 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 SHDR Future Land Use Map designation and IPUD zoning designation will not represent a potential decrease in the possible intensity of development, given 20 units per acre is allowed on the 0.91 acre property (18 units total). Given the location, size, depth and configuration of the blighted property as well as the fact that the property abuts low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation does not represent a potential decrease in the number of uses with high probable economic development benefits. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions, obsolete residential development and encourage significant economic investment in the area. 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 (2) of the Direct Economic Development Benefits listed in subparagraph "g" above. As stated in “g” above, given the location, size, depth and configuration of the blighted property as well as the fact that the properties abut low density residential, the proposed SHDR Future Land Use Map designation and IPUD zoning designation are more appropriate for the properties and encourage additional residential investment and development to help support local businesses along the Federal Highway corridor. There is market demand for quality residential development such as townhouses within proximity to and within the urban lifestyle centers as envisioned by Boynton Beach and its redevelopment area. The redevelopment will eliminate existing blighted conditions and encourage significant economic investment in the area. Pursuant to LDR Article III, Section 2 G. IPUD Infill Planned Unit Development District..1.b. Prerequisite Location Standards, 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. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; 550 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 7 (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. The proposed IPUD complies with the standards above. While not required, the proposed residential development principally fronts an Arterial (Federal Highway) and does not include any non-residential uses. 6. Master Plan c. Review Criteria. The approval of a master plan shall be reviewed based on the following factors: 1. Zoning and Standards Compliance. The master plan shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and site development standards described in Chapter 4. 2. Diagrams. the master plan shall include diagrams which illustrate the location of uses and density on the site, including bubble diagrams, height, massing, and density of the proposed development. Article II, Section 2.F. Site Plan, Including Time Extension and Modifications. 2.Major Site Plan. b. Review Criteria. The site plan shall comply with the following: 1) requirements of the respective zoning district regulations of Chapter 3, Article III and 2) Site Development Standards described in Chapter 4, Article XII. See Section 2.D.6.c. above for additional regulations regarding the requirement that the site plan be consistent with the master plan when rezoning lands to a planned zoning district. Due to site constraints and to ensure compliance with development standards and compatibility, the proposed residential development consisting of a 3-story, 10-unit townhouse development is at density significantly less than permitted in the Infill Planned Unit Development (IPUD) zoning district. As stated previously, the proposed redevelopment is consistent with the purpose and intent of the proposed IPUD zoning district. The project will be compatible with and preserve the character of adjacent residential neighborhoods , in terms of overall design and massing. The plans illustrate the location of the uses, height, massing and density of the proposed development. The proposed development complies with the IPUD development standards, including but not limited to site area, building setbacks, building height and maximum lot coverage. The proposal also is in compliance with the Urban Commercial District Overlay - Pedestrian Zone & Building Setbacks and the following applicable Site Development Standards in LDR Chapter 4: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Article V. Minimum Off-Street Parking Requirements Article VI. Parking Lot, Vehicular Use Areas, and Loading Standards Article VII. Exterior Lighting Standards Article VIII. Utility and Infrastructure Design Standards Article IX. Building, Construction, and Historic Preservation Article X. Flood Prevention Requirements Article XIII. Sustainable Development Standards Based upon the above, the proposed Voluntary Annexation, Future Land Use Map Amendment from County CH-5 to City SHDR and Rezoning from County CG to City IPUD with the Master Plan and Site Plan are consistent with the Comprehensive Plan and meets the applicable criteria and development standards set forth in the Land Development Regulations. Based upon the above, approval of the Voluntary Annexation, FLUM Amendment and Rezoning with Master Plan and Site Plan is respectfully requested. Please contact me if you have any questions or require additional information. 551 981 Delray Lakes Drive, Delray Beach, FL 33444 | 561.573.1486 | jcostello@jcplanningsolutions.com 8 Thank you for your consideration. Sincerely, Jeffrey A. Costello, AICP, FRA-RP JC Planning Solutions, LLC 552 553 554 555 THE HAMMOCK TOWNHOUSES EAST ELEVATION BUILDING THREE East Elevation Building Three THE HAMMOCK TOWNHOUSES Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 556 THE HAMMOCK TOWNHOUSES EAST ELEVATIONS East Elevations THE HAMMOCK TOWNHOUSES Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 557 THE HAMMOCK TOWNHOUSES NORTH ELEVATION BUILDING THREE North Elevation Building Three THE HAMMOCK TOWNHOUSES Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 558 THE HAMMOCK TOWNHOUSES NORTH ELEVATION North Elevation THE HAMMOCK TOWNHOUSES Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 559 THE HAMMOCK OUTDOOR KITCHEN NORTH AND WEST ELEVATIONS North Elevation West Elevation THE HAMMOCK OUTDOOR KITCHEN Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 560 THE HAMMOCK OUTDOOR KITCHEN SOUTH AND EAST ELEVATIONS South Elevation East Elevation THE HAMMOCK OUTDOOR KITCHEN Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 561 THE HAMMOCK POOL CABANA EAST AND NORTH ELEVATIONS North ElevationEast Elevation THE HAMMOCK POOL CABANA Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 562 THE HAMMOCK POOL CABANA WEST AND SOUTH ELEVATIONS South ElevationWest Elevation THE HAMMOCK POOL CABANA Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 563 THE HAMMOCK TOWNHOUSES SOUTH ELEVATION BUILDING THREE South Elevation Building Three THE HAMMOCK TOWNHOUSES Boynton Beach, Florida THIS DOCUMENT IS THE PROPERTY OF GE ARCHITECTURE INC. ALL RIGHTS ARE RESERVED AND ANY POSSESSION, REPRODUCTION OR OTHER USE OF THIS DOCUMENT WITHOUT THE WRITTEN PERMISSION OF GE ARCHITECTURE INC. IS PROHIBITED. TREES & VEGETATION ARE FOR CONCEPTUAL PURPOSES ONLY, VIEW LANDSCAPE DRAWINGS FOR ACTUAL PROPOSED LANDSCAPE. COLORS MAY VARY DUE TO MONITOR AND/OR PRINTER SETTINGS. 564 565 566 567 568 569 570 571 572 573 574 575 576 577 EXHIBIT “D” Conditions of Approval Project Name: The Hammocks at Boynton Beach File number: NMMP 2025.09.5729 and NWSP 2025.09.5729 Reference: March 23, 2026, Commission Meeting DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / UTILITIES Comments: 1. 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), easements, and landscaping can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Ch. 4. Art. VIII. Sec. 3.B. The Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. The applicant provided a signed composite plan showing proposed wet utilities at the time of site plan approval and acknowledged that if any layout modifications are required to accommodate the proposed utilities (wet and dry) in the future, they may be subject to a site plan modification. X 2. At the time of the Engineer of Record submits plans for a Land Development Permit (LDP), an addressing plan in accordance with 2010 LDR Ch. 4 Art. VIII. Sec. 3.C.3.e. shall be submitted for approval. The property address currently notes North Federal Highway whereas it should be South Federal Highway. Coordinate appropriate address and numbering with Engineering. X 3. At the time the Engineer of Record submits plans for a Land Development Permit (LDP), an in-depth review will take place. The plans shall be 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. X 4. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage X 578 The Hammocks at Boynton Beach Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT 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, shall be required prior to issuance of a Land Development Permit. 5. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual Chapter 5, Paragraph D.1.b. X 6. Prior to permit application, contact the Public Works Department (561-742-6200) regarding the removal of refuse during the construction phase per the CODE, Section 10 -26 (a). X 7. The Land Development Permit (LDP) shall be required prior to the commencement of any new construction (or modification) of site improvements, required infrastructure, and activities listed in accordance with the 2010 LDR Ch. 2. Art. III. Sec. 3. X 8. In accordance with the 2010 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. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by these Regulations for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations. The developer shall make necessary cost and other arrangements for such underground installations with each of the persons, firms, or corporations furnishing utility service involved. Utilities shall be constructed in easements as prescribed by these Regulations. X 9. The proposed water meter bank for units 6 through 10 must be situated entirely within the dedicated City utility easement. Please adjust the easement from the site, utility, and Landscape plans to reflect this shift, ensuring that the meters are accessible for City inspection and maintenance. X 579 The Hammocks at Boynton Beach Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT 10. Revise the Civil Engineering plans to clearly show the location, sizing, and specific model of the outdoor grease trap, ensuring it is situated in a location that is easily accessible for routine maintenance and pumping. X PLANNING AND ZONING Comments: 11. It is the applicant’s responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04-007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning Division one (1) week prior to the first public hearing. X 12. Approval of the New Site Plan is contingent upon the approval of the Annexation, FLUM amendment, rezone and Master Plan. X 13. Pursuant to Part III, Chapter 4, Article II, Section 4.B.3.c.(2), Landscape Design and Buffering Standards of the Land Development Regulations, the project shall provide one (1) tree spaced every thirty (30) linear feet on center; and a continuous hedge of three (3) feet in height located on the outside of buffer wall. X POLICE Comments: 14. Shrubs and Bushes Maintain at a maximum height of 3 feet to prevent blocked sightlines and eliminate potential hiding places. 15. Trees Trim lower branches up to 6 feet from the ground to ensure clear visibility throughout the site. 16. Plant Placement Keep plants away from doors, windows, and walkways to maintain unobstructed views. Avoid planting tall or dense landscaping that could obstruct lighting or security cameras. 17. Lighting Install LED lighting along streets, sidewalks, entrances, garages, and pool areas to enhance natural surveillance. Also, provide adequate lighting around mailboxes, package delivery areas. 580 The Hammocks at Boynton Beach Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT 18. Access Control Install cameras at all main entrances to include mailboxes and package delivery area. Secure entry to the pool and outdoor kitchen with gates or controlled key fob access to limit unauthorized entry. BUILDING Comments: None FIRE Comments: None CITY COMMISSION CONDITIONS Comments: X 581 THE SCHOOL DISTRICT OF KRISTIN K. GARRISON, AICP MICHAEL J. BURKE PALM BEACH COUNTY, FL DIRECTOR SUPERINTENDENT PLANNING & INTERGOVERNMENTAL RELATIONS JOSEPH M. SANCHES, MBA 3661 INTERSTATE PARK ROAD NORTH, 200 CHIEF OPERATING OFFICER RIVIERA BEACH, FL 33404 PHONE: 561-434-8020 / FAX: 561- 434-8942 WWW. PALM BEACHSCHOOLS.ORG The School District of Palm Beach County, Florida A High-Performing School District An Equal Opportunity Education Provider and Employer SCHOOL CAPACITY AVAILABILITY DETERMINATION (SCAD) November 13, 2025 ________________________________________ _______________________________________ School District Representative Signature Date Joyce C. Cai, Senior Planner joyce.cai@palmbeachschools.org __________________________________________ _______________________________________ Print Name & Title of School District Representative Email Address CC: Roland Sevigny (Gabe), Principal Planner, City of Boynton Beach Joyell Shaw, PIR Manager, School District of Palm Beach County Application Submittal Date 11/05/2025 SCAD Case No. 25102901F/FLU; 25102901Z/Rezoning; 25102901D/D. O. FLU /Rezoning/D.O. No. 2025.09.5729 – City of Boynton Beach PCN No. / Address 00-43-46-04-00-000-1030 and 00-43-46-04-12-000-0130 3045 and 3045-1 North Federal Hwy Development Name Annexation of 3045 N Federal Hwy (The Hammock at Boynton Beach) Owner / Agent Name 3045 Federal LLC / Jeffrey A. Costello SAC No. 275 Proposed FLU/Rezoning Proposed D. O. Maximum 18 Residential Units 10 Multi-Family Units Impact Review Plumosa Elementary School Carver Middle School Atlantic High School New Students Generated 2 1 1 Capacity Available 284 722 465 Projected Utilization 76% 53% 81% School District Staff’s Recommendation Based on the findings and evaluation of the proposed development, there will be no negative impact on the School District of Palm Beach County public school system. Therefore, the School District has no comment on this application. Validation Period 1) This determination is valid from 11/13/2025 to 11/12/2026 or the expiration date of the site-specific development order approved during the validation period. 2) A copy of the approved D.O. must be submitted to the School District Planning Department prior to 11/12/2026 or this determination will expire automatically on 11/12/2026. Notice School age children may not necessarily be assigned to the public school closest to their residences. Students in Palm Beach County are assigned annually to schools under the authority of the School Board and by direction of the Superintendent, public school attendance zones are subject to change. 582 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Hammocks at Boynton Beach (NWSP 2025.09.5729) APPLICANT: Thomas D. Laudani APPLICANT’S ADDRESS: 185 NE 4th Ave, Suite 104, Delray Beach, FL, 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 23, 2026 APPROVAL SOUGHT: Approve request for a New Major Site Plan (NWSP 2025.09.5729) for The Hammocks at Boynton Beach project to allow for the construction of two (2) duplexes and one (1) 6-plex, outdoor kitchen, pool, cabana, and other site improvements, on a 0.91 acre parcel, located at 3045 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Thomas D. Laudani. LOCATION OF PROPERTY: 3045 North Federal Highway DRAWING(S): SEE EXHIBITS “B” ATTACHED HERETO. ________ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of 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 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 notation “Included.” 4. The Applicant’s request is hereby 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 583