HomeMy WebLinkAboutLetter #29 Dan King
Shestak, Joe
From:Daniel King <dpking01@hotmail.com>
Sent:Friday, January 10, 2020 10:39 AM
To:Shestak, Joe; Hollibaugh, Mike P; Blanchard, Jim E; Haney, Douglas C
Cc:Loren & Susan Conrad; Bob Flint; Carleton & Lisa Evans; Mike Andreoli
Subject:Willow Haven Development
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Dear Messrs. Hollibaugh, Blanchard, Haney and Shestak:
I apologize for addressing this email to all of you as I was unsure of the best person with whom
to communicate my concern. As you may know, the BZA unanimously denied the variances requested by
Willow Haven last evening. However, I was very concerned about a statement made during the staff
report. The comment was made that the Willow Haven development would not need to seek variances if it
was limited to a 10 bed facility. I believe this to be inaccurate. The City of Carmel's ordinance provides:
Home, Group: Any of The Following: 1. A residential Structure (licensed under IC 12-17.4) in
which care is provided on a twenty-four (24) hour basis for not more than ten (10) children;
or 2. A facility (licensed under IC 12-28-4) that provides residential services for
developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-
11-1.1-1(e)(2); or 3. A facility (licensed under IC 12-28-4) that provides residential services
for mentally ill individuals in a program described in IC 12-22-2-3.
The proposed facility is not for children and does not fall within either IC 12.11.1.1(e)(1) which
provides for "supervised group living programs, which serve four (4) individuals and not more
than eight (8) individuals, are funded by Medicaid and are licensed by the division" or IC
12.11.1.1(e)(2) which provides for "supported living service arrangements to meet the unique
needs of individuals in integrated settings....\[s\]upported living service arrangements providing
residential services may not serve more than four (4) unrelated individuals in any one (1)
setting."
Further, the development cannot fit within a program described in IC 12-22-2-3 since this
statute was repealed in 2011 and it appears that the Community Residential Facilities Council,
who was previously charged with approving residential facilities for the mentally ill, is no
longer so authorized upon the repeal of 431 IAC 2 and 2.1. The operation of this development
without being properly licensed would be illegal and, even if properly licensed by the State,
the Willow Haven development would then fall outside of the "group home" definition
provided IC 12-28-4.
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Although IC 12-28-4 seemingly provides a limited "group home" exception to residential
zoning ordinances, the exception only applies to a "residential facility for individuals with
developmental disability." Specifically, the definition of "residential facility" as used in IC 12-
28-4 was also amended in 2011. IC 12-7-2-165 defines "residential facility" for purposes of IC
12-28-4 as "a residential facility for individuals with a development disability." Willow
Haven's proposed memory care facility's stated use is not for a "residential facility for
individuals with a development disability," which is defined as follows:
IC 12-7-2-61"Developmental disability"
Sec. 61. (a) Except as provided in subsection (b), "developmental disability" means a severe,
chronic disability of an individual that meets all of the following conditions:
(1) Is attributable to:
(A) intellectual disability, cerebral palsy, epilepsy, or autism; or
(B) any other condition (other than a sole diagnosis of mental illness) found to be closely
related to intellectual disability, because this condition results in similar impairment of
general intellectual functioning or adaptive behavior or requires treatment or services
similar to those required for a person with an intellectual disability.
(2) Is manifested before the individual is twenty-two (22) years of age.
(3) Is likely to continue indefinitely.
(4) Results in substantial functional limitations in at least three (3) of the following areas of
major life activities:
(A) Self-care.
(B) Understanding and use of language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(b) The definition in subsection (a) does not apply and may not affect services provided to
an individual receiving:
(1) home and community based Medicaid waiver; or
(2) ICF/IID;
services through the division on June 30, 2011.
I call this to all of your attention to ensure that the developer does not attempt to obtain a
building permit for this site based on a revised set of plans that attempt to circumvent the
need for any variances and that may be premised on a misunderstanding of the "group
home" statutes.
Thanks,
Dan King
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13274 West Letts Road
Carmel, IN 46074
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