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Timeless Life Care ZNCV 10-005 DEVELOPMENT ORDER OF THE CITY COMMIS~ION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Oce. License OtPlIty City Clerk PROJECT NAME: Timeless Life Care APPLICANT'S AGENT: Bradley Miller - Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1,2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11. H.16.a. (8), requiring 48 parking spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 2 parking spaces. LOCATION OF PROPERTY: 623 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief 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 application for relief is hereby V"" GRANTED subject to the conditions referenced in paragraph 3 hereof. 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: b- 4-10 S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care EXHIBIT "D" Conditions of Approval Project name: Timeless Life Care File number: ZNCV 10-005 Reference: 2nd review plans identified as a Conditional Use / New Site Plan with an April], 20 I 0 Planning & d k' Zomng ate stamp mar mg. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: I. Approval of this project is contingent upon the approval of the accompanying X requests for rezoning and conditional use/new site plan approval.. 2. Any changes in the manner of operation of the facility which were part of the X justification for granting the variance, i.e. regular transportation service provided by the facility, changes in the type of resident served, increased staffing, etc., will require the subject parking spaces to be provided by the owner. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care (fka Boynton Lofts)\ZNCV 10-005 Parking Spaces\COA.doc 1 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Timeless Life Care 1\fNeilI APPLICANT'S AGENT: Bradley Miller— Miller Land Planning Consultants, Inc. APPLICANT'S ADDRESS: 1501 Corporate Drive, Suite 240, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2010 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11. H.16.a. (8), requiring 53 parking spaces, to allow the applicant to provide 46 parking spaces, resulting in a variance of 7 parking spaces. LOCATION OF PROPERTY: 623 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief 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 relief 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 relief 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 Applicari's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. 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: Miry City CIer 2 S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care(fka Boyne n Lofts)\ZNCV 10-005 Parking Spaces\DO.doc EXHIBIT "D" Conditions of Approval Project name: Timeless Life Care File number: ZNCV 10-005 Reference: 2"d review plans identified as a Conditional Use/New Site Plan with an April 1, 2010 Planning& Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments:None X FIRE Comments: None X POLICE Comments:None X ENGINEERING DIVISION Comments:None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Approval of this project is contingent upon the approval of the accompanying X requests for rezoning and conditional use/new site plan approval.. 2. Any changes in the manner of operation of the facility which were part of the X justification for granting the variance, i.e. regular transportation service provided by the facility, changes in the type of resident served, increased staffing, etc., will require the subject parking spaces to be provided by the owner. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Timeless Life Care(fka Boynton Lofts)\ZNCV 10-005 Parking Spaces\COA.doc EXHIBIT "A" - SITE LOCATION MAP TIMELESS LIFECARE (REZN/COUS/NWSP/ZNCV _I / i F , I C-3 Cr3 / / / , • SE 5TH AVE • 1 7 / 1 1 i I , iii SITE1 . i i Pence Park 1 1./ , fi - -- gt x i (..) i , REC1 y w Lrf' / w U- S E 6TH AVE 1 I- CO R-2x I- C-3 1 - wl (/) / fi C-3 / f„ 1 / 125 62.5 0 125 250 375 500 — .11 1.... .mlui Feet EXHIBIT B n : ig mig t,- utt2Ny e , i . } �sI 111.1 2i:: v N 'tH � k � Q e x f o 4. -,'6i J,Ir,IWtge,,,r ' _..,. R. S.E.RH ST!! . I l �_ €n ; rt. 46Z�.,n .: :ff n > iEf I - ci i c8_ ��i•,' F 0c t F. ws a �s Ci I lai . :_ =r: Pcztp '; as � *:6! r x Ai .; 2, te ;.i 7 4 . I.ir_ r, 0101_ .� ss_ i r 4 :fI rj tI 1 t .l ' , ' sa �FA o, I a€ mF ,K,� 1�I F k, A ',. B „,,z,,,,, ,,q+vgt'i ;:,.- a " 8311j I —'10P' 1 t -- h!! t+ 111 fC �� G 4 3 an it`P�� r �ai3b Ine -2 v -0 e[� .I "Oe 1 (. 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E -:— / _ . ... . 4. U _. S.412014WAY Nc...IEI_TM -_0..110A0 119,11_--- E 1 i - —.-,-.....= mrofpriwiiiipigulaitotilutt . , __ ___ MpI,IIHOdO0 .;1'40 erP 1:11'i'l !"114161.:i .14 ilit4 IT a, r tEg ' E., Vit. 71 il 41'fr:11 i,0 tX:'•0& I il...ITIPtt; ii.tH il t, &1 .11;k11.4'E: ii.j2.4j,,1 0 41." 14ix. "4 -11P- 41i t.ii iwt,a fi V it142 'iqN f',.131 `ij4,i / hill hi f iiili '' i'f iitiit iith p tiw ,Ii: :- 1 ! It ,a. ,4; 1.1 :c, ii.i ii.:p itTIN 11,. N it - ° H ',74'.; t qiCi tnt :M.` t' i L 1;it ''.•• E. la i r;BOI 'VI ir' pii q.;. i t."?: f! Ci -2i ' P-Ol• ri " ' 514 vs,i'' f f7,41 't 1 rt. W" 4 .! irti Timeless Life Caref i:Eli i Tyr"; up.i f iii.,:i ig.“ n:_-9. r,-K 7,-7, •u.,7 i - a ; .,r - ,,t5 I, iS,4 i V-•4 '' "" z• c" ;TO "::.M • F - 4,%)r. E -r- 0:15,". o- 7....tAt,.. LE. , ,F•;... i' rlt F, ',4"A ••,:•,--. .......,A. Boynton Beocp,Flondo EXHIBIT C Justification -Variance 1. Parking Reduction As indicated above this application requests a variance to the_ number of parking spaces required for the proposed development. The required number of parking spaces is 53 as shown below. The proposed number of spaces is 46. Therefore, the requested variance is for 7 spaces. Use Unit Parking Ratio Req'd. Spaces Assisted Living 144 beds 1 sp/3 beds 48 Retail 1,000 sf. 1 sp/200 st. 5 Total 53 There are criteria evaluated by the Planning & Zoning Division relative to a request for variance. This application meets or exceeds these criteria as indicated below. 1. 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; Response: The typical resident of an assisted living facility is a woman in her 80's that has lost her husband and can no longer take care of herself without assistance. This usually means that the woman has forfeited her ability to drive safely and will rely on the assistance of others for transportation. Accordingly, the residents of an assisted living facility rarely have a vehicle and if so, it is seldom driven. Transportation is an amenity offered to the residents of the assisted living facility so that they do not have to drive themselves. The operator will have a bus that can transport residents to doctors, shopping and engagements outside of the facility. This means of transportation is safer for the residents andmore accountable for the operator. The design and construction of SE 4th Street is underway and it includes on-street parking. Although the City's code does not allow developments to include this parking within the calculations, the parking will be available for employees and guests of the facility. 2. That the special conditions and circumstances do not result from the actions of the applicant; Response: The City's code does not have a specific parking ratio for the assisted living use. The closest use is "nursing home" which is 1 space per 3 beds. There is a difference between these uses in that typically assisted living facilities provide as an amenity such as Sunday shop, coffee shop, salon/barber or office space for a consulting doctor, accountant or insurance agent. Accordingly, the parking ratios take those uses into account. For this project since there is not a specific ratio for assisted living, the retail space is calculated separately which increases the parking requirement. We believe that although the retail space is open to the public, the majority use will come from the assisted living facility, especially with no parking along Federal Highway. Based on this, • Timeless Lifecare 8 Rezoning/Conditional Use/Variance EXHIBIT C February 3, 2010/March 23, 2010 we believe the code does not take into account the shared uses of this project and therefore is not caused by the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same district; The granting of this variance pertains to the specific proposed use which could be requested and in our opinion granted for other similar development. The granting of the variance does not give the applicant any special privilege. 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; Response: Often times assisted living facilities offer to their residents' small sundry stores; an ice cream or coffee shop; an office that has rotated use by a doctor, lawyer or financial consultant. All of these uses can potentially be located in the ancillary retail space. Accordingly, parking ratios that are calculated and used by jurisdictions take uses like these into account for the overall assisted living facility. Therefore, the parking for the ancillary retail space should be contemplated by the parking ratio for the assisted living facility. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; Response: The plan has been designed to save several existing trees of which two are being located within parking islands. Should these two trees be removed, additional parking could be provided. Retaining the trees will provide shade for the parking area while the newly planted landscape matures. The retail space generates the need for 5 parking spaces, although it is anticipated that it will primarily serve the residents, employees and guests of the facility, but not be restricted from public access. As indicated, the retail space can be a variety of uses that are allowed in the Mixed Use Low 2 zoning district such as a coffee shop, restaurant, sundry shop, etc. This type of use can provide the residents and employees of the facility an option for shopping or eating within the building but as an alternative to the common dining facility. Relative to the zoning district, the intent of having retail space on the ground floor and facing Federal Highway is to promote pedestrian activity and discourage the use of the car. Requiring parking for the retail space that will be ancillary to the assisted living facility is counteractive to the intent of the district. Without the requirement of parking for the ancillary retail space and taking into account the saving of two existing mature trees, the 48 parking spaces required for the assisted living facility could be provided on site. 6. 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 otherwise detrimental to the public welfare; Response: The facility will be operational on a 24/7 basis with an anticipated 20 employees on the largest shift. Employees will have the option and be encouraged to Timeless Lifecare 9 Rezoning/Conditional Use/Variance EXHIBIT C February 3, 2010/March 23, 2010 use mass transportation to get to the facility however, should all 20 employees drive separately, there will still be 26 parking spaces available for the residents and any guests. 7. Variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Response: This criterion is not applicable to the requested variance. • grld MILLER 1501 Corporate Drive LAND Suite #240 Boynton Beach, FL 33426 PLANNING PHONE • 561.736.8838 CONSULTANTS, INC. FAX • 561.736.8079 May 27, 2010 Michael Rumpf, Director CITY OF BOYNTON BEACH PLANNING &ZONING DEPARTMENT 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Re: Timeless Life Care Rezoning/Conditional Use Application Dear Mike: At the City Commission meeting on May 18 and after, there were some questions asked that I address below in advance of the June 1 meeting. 1) Number of Assisted Living Facilities (ALF's) - through our own research and confirmed by staff,there are 13 ALF's licensed in the City. Four of those facilities have less than 10 beds and are located in single family homes. The 13 facilities have a total of 634 beds of which approximately 578 (91%) are occupied. Although this application does not propose a nursing home,we confirmed that there are five nursing homes licensed in the Citywith 616 beds. City staff researched the occupancy of the nursing homes to be around 89%. An aerial graphic of the location of the ALF's has been provided to Hanna Matras in your department and can be distributed as you feel appropriate. 2) Licensing and Ranking of ALF's - again,through our own research and confirmed by staff, ALF's are licensed by the State Agency of Health Care Administration (AHCA). They are licensed separately from nursing homes. Although nursing homes receive a ranking,ALF's do not. With that said however, the AHCA web site (htto://ahca.myflorida.com) lists the facilities by location and also provides inspection reports and the deficiencies for each facility. Although its difficult to completely avoid deficiencies, there are no deficiencies cited for either of the two Timeless Life Care facilities -Azalea Gardens in Hollywood and A Banyan Residence in Venice. Testimonials and references for Timeless Life Care will be provided should you wish to further research their credentials. 3) Operations Estimates - My client has given me the following estimates for the project. Construction Cost $5,000,000 Total Annual Operating Expense $3,500,000 Total Number of Jobs (excluding construction) 60 Total Annual Salaries $1,500,000 I Mike Rumpf Page 2 Timeless Life Care- Rezoning/Conditional Use May 27,2010 As you know,we continue to believe that this project will be an asset to the City and the Federal Highway corridor and provide an alternative means of housing that will compliment other businesses and growth in this location of the City. We hope that this information will helpful in the understanding of our proposed application. A copy of this letter and supporting documentation is being send to the City Manager, Mayor and each Commissioner. Should you, other City staff or the Commissioners have any follow up questions, please have them emailed to me. Thank you for your assistance. Sincerely, MILLER LAND PLANNING CONSULTANTS, INC. Bradley D. Miller, AICP President M:\ML P C\PROJECTS\Timeless Life Care\b-Correspondence\Mike Rumpf 05.27.10.wpd David Eiler,Senior Vice President Mark Beebe, Principal Architect Sterling Bank Beebe Design Studio 1189 Hypoluxo Road 825 S.Tamiami Trail,Suite 1, Lantana, Fl 33462 Venice, Fl 34285 deiler@sterlingbankfl.co mark@beebedesignstudio.com 561-656-3057 941-484-6762 Keith Costello, President &CEO Brenda Weiss, Principal Interior Designer Broward Bank of Commerce Weiss Design Group, Inc. 101 N.E. 3rd Avenue,Suite 2100, 7935 N.W. 110`h Drive, Fort Lauderdale, Fl 33301 Parkland, Fl 33076 keith@browardbankofcommerce.corn weissdesg@aol.com 954-761-4910 954-383-3740 Ron D'Addio, Samuel Cantor, PA Plastridge Insurance Agency,Inc. 2499 Glades Road,Suite 210, 2100 N. Dixie Highway, Boca Raton, Florida 33431 Boca Raton, Fl 33431 samcanpa@aol.com rdaddio@plastridge.com 561-982-9555 561-395-1435 Glenn Gopman, CPA Levi&Gopman Dr. Michael Bahrami, 20590 West Dixie Highway, 5595 Orange Drive Aventura, Fl 33180 Suite 207 Gopman@levigopman.com Davie, Florida 33314 305-466-9772 954-583-5099 Dr.Steven Hirsh,Podiatrist Ed Baird,President 3332 Griffin Road Precision Care Staffing Pool Incorporated Dania Beach,Florida 33312 3001 S.Ocean Drive 954-924-6151 Hollywood,Florida 33019 Letubl@aol.com Allyn McKinney,President 954-920-9730 ACM, LLC. Health Care Risk Management Surfside, Florida 33154 allvn@mrmfirm.com 305-864-6059 Cindy Cruz Proxycare Pharmacy 4700 SW 51 Street Suite 215 Fort Lauderdale,Florida 33314 ccruz@proxvcareinc.com 954-791-5400 Steve Diggs Portable X-ray 7809 West Commercial Blvd Tamarac,Florida 33351 gpxraV@mSn.COm 954-741-8583 Timeless life care continues to be one of the highest quality, financially sound and ethical operators of adult living facilities in Florida. Keith Costello CFA President&CEO Broward Bank of Commerce 101 NE 3rd Ave, 21st Floor Fort Lauderdale, FL 33301 954 761-4910 o 954 761-4910 f 954 336 7588 c keith@browardbankofcommerce.com www.browardbankofcommerce.com As a professional business person and strong community leader, Mr. Anderson has shown a wealth of commitment and talent in real estate development, construction management and caring for older adults. Miriam Lopez President& C.E.O. Transatlantic Bank 48 E Flagler St Fl 4, Miami, FL 33131 (305) 377-0200 Sterling Bank and Timeless Life Care have had a business partnership for several years and it has been wonderful. Timeless Life Care has been a valued customer of Sterling Bank and we look forward to continuing the partnership well into the future. David Eiler Sterling Bank Executive Vice President Chief Lending Officer 1189 Hypoluxo Road Lantana, Fl. 33462 Ph: 561/656-3057 Fax: 561-383-2124 Mr. Anderson owns several successful enterprises and has exhibited honesty and integrity in all areas of business. I find him to be an astute businessman, creative in his real estate investments, compassionate and understanding in his association with the elderly community. Glenn H. Gopman Certified Public Accountant LEVI &GOPMAN, PA, CPAs 20590 West Dixie Highway Aventura, FL 33180 Phone 305-937-2272 Fax 305-937-4721 Broward 954-921-2272 <mailto:gopman@miamicpa.com I have known the principal of Timeless Life Care for in excess of ten(10)years and am aware that the company is highly regarded. Timeless Life Care provides a first class operation for its patients and its reputation in the industry is impeccable. Samuel J. Cantor Samuel J. Cantor, P.A. 2499 Glades Road, Suite 210 Boca Raton, FL 33434 561-982-9555 Fax: 561-982-9539 samcanpa@aol.com Timeless Life Care and its associate companies, is raising the bar on the design and operation of senior housing. He is utilizing leading edge design, construction, materials and technology in development of the Timeless debut community—Azalea Gardens Eric Kaplan, Esq. Attention to detail, each and every last one, is what comes to mind when I think of Timeless Life Care. Excellent maintenance, ongoing improvements, efficiency on every level and extraordinary care of residents all contribute to superior state inspection reports and a superb living environment. In my 24 years of healthcare experience, I have come across only a few healthcare providers I would recommend to friends and family without hesitation and Timeless is at the top of my list. Timeless Life Care would be a choice I would make for my own mother and that, I believe is the best testimonial any healthcare provider can ask for. Denise Raska Roe Minor Realty Consultants, Fort Lauderdale Specializing in Seniors Housing&Healthcare Properties 954-763-8033 After working and visiting one of your Timeless life Care facilities I am grateful to be associated with such a superior model of excellence, from the care and detailed attention given to your residents and family, and of course the beautiful landscaping and modern decor of the facility without removing that home feeling. Edward H. Baird RNC President Precision Care Staffing Pool Inc. 3001 South Ocean Drive Suite#909 Hollywood, Fl 33019 Ph/Fax(954) 920-9830