HomeMy WebLinkAboutCorrespondence BOSE
McKINNEY John K. Smeltzer
North Office
Q Q�� `T A c ANS 7 Direct Dial (317) 684 -5317
�71L E V LIT Direct Fax (317) 223 -0317
E -Mail: JSmeltzer @boselaw.com
ATTORNEYS AT LAW
EMAIL TRANSMISSION
AND U.S. MAIL
February 16, 2004
Jon Dobosiewicz
Planning Zoning Administrator cs�
City of Carmel Q CD
One Civic Square
Carmel, Indiana 46032
Re: Briar Creek, Block 1, Lot 11 (UV- 113 -03)
Dear Jon:
As discussed in a recent telephone conversation, our client, Aspen Prairie Homes, is in
the process of obtaining a certification from the State of Indiana to operate a residential facility
for the mentally ill. Such facilities are recognized by the Carmel/Clay Zoning Ordinance in
residential districts. As discussed, this has been a time consuming process because we initially
dealt with the State Board of Health and they believed that the Department of Mental Health and
Addiction "DMHA had jurisdiction over this matter. After discussions with Dr. George
Parker, medical director for DMHA, Kathy Gregory, DMHA's general counsel, Willard Mays,
Deputy Assistant for Community Programs, and Jill Chambers, Program Director for
Certification and Licensure, we were referred back to the State Board of Health. The State
Board of Health then referred us back to DMHA and eventually DMHA agreed that they could
certify us under one of two community residential programs for supervised group living or
temporary residential facilities.
Kathy Gregory, DMHA's general counsel, has advised us that we should be certified as a
temporary residential facility and that she has the authority to provide the State certification. We
are in the process of completing the application and submitting all materials required by DMHA.
Ms. Gregory advises us that she has two other individuals on her staff who handle this licensing
process and that because of the lack of staffing, it typically takes 30 -60 days to process the
application.
The licensing and certification requirements for both the supervised group living and
temporary residential facilities are found in 440 IAC 7.5.
Downtown 2700 First Indiana Plaza 135 North Pennsylvania Street Indianapolis, Indiana 46204 (317) 684 -5000 FAX (317) 684 -5173
North Office 600 East 96th Street Suite 500 Indianapolis, Indiana 46240 (317) 684 -5300 FAX (317) 684 -5316
Washington Office 700 North One Lafayette Centre 1120 20th Street, N.W. Washington, DC 20036 (202) 973 -1229 Fax (212) 973 -1212
www.boselaw.com
February 16, 2004
Page 2
Once the certification process is completed, the residences at 10495 Lakeshore Place and
10713 East Lakeshore Drive will comply with the Carmel/Clay Zoning Ordinance. However,
because these residences are within 3,000 feet of each other, I have advised our client that rather
than applying for another variance, he should simply relocate the individuals located at the
10495 Lakeshore Place address.
Aspen Prairie Homes recently closed on a home in Marion County and we would request
that Aspen Prairie Homes be allowed until May 1, 2004 to relocate these individuals. All of the
residents of 10495 Lakeshore Place are elderly and have various forms of dementia. Contact
with their family members must be made in order to obtain their consents to move to a new
facility.
We anticipate that the remonstrators will object to this request. However, it should be
noted that upon certification by the State, these elderly residents will have the right to remain at
one of the two locations and we have elected to vacate the 10495 Lakeshore Place facility.
I look forward to hearing from you.
Best regards,
John K. Smeltzer
JKS /cas
58314.1
VIP
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
p
4, 05
DATE: December 30, 2003 3�
TO: Steve Granner, Bose, McKinney Evans
FAX: 223 -0304
FROM: Connie
Attached hereto are 5 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached are the ballot sheets for UV- 113 -03.
The Board directed John Molitor to draft the official Findings of Fact, which they will
approve at their next meeting.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this te/ecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
4
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: UV-113-03.
Petitioner: Aspen Prairie Homes /Jeff Herr
FINDINGS OF FACT USE VARCE (Ballot Sheet)
2.
3.
4
5.
DATED THIS 2- 2 DAY OF _M ,20
Board Membe'
Page 7 of 8 Ztisharedlfomel8ZA apprica8onst Use Variance Application rev. 12131102
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: UV- 113 -03.
Petitioner: Aspen Prairie Homes /Jeff Herr
FINDINGS OF FACT USE VARIANCE (Ballot Sheet)
2 A/O
3. /U2
5. N
DATED THIS .42— DAY OF 20 0.
Board Member
Page 7 of B Z appfica5ons1 Use Variance Application rev. 12131/02
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: UV- 113 -03-
Petitioner: Aspen Prairie Homes /Jeff Herr
FINDINGS OF FACT USE VARIANCE (Ballot Sheet)
1.
2. N e/2-abi 7
3.
4. JA 4 rI J 7
5.
DATED THIS DAY OF d 20
Board Member
Page 7 of 8 nsharedVomsV3 A appfica8onst Use Variance Application rev. 12131/02
CARMEUCLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.: UV-I13-03.
Petitioner. Aspen Prairie Homes /Jeff Herr
FINDINGS OF FACT USE VARIANCE (Ballot Sheet)
1. n l /Y'. a rd d eNte S
r14661cc
2.
3.
4.
5.
DATED THIS Z DAY OF ,Z 20
Board Me %er
Page 7 of 8 ZAsharedVomelBZA apprica6ons1 Use Val Application rev. 12131102
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DEC 18 '03 16:12 FR BOSE MCK I NNEY NORTH 317 574 3716 TO 85 ®3977t11145712 P.01/06
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McKINNEY DO .�o� K- Smeltzer 600 East 98th Street
EVANS LLP
Suite 500 ®t Indianapolis, Indiana 46240
Direct Dial (317) 6845317
ATTORNEYS AT LAW Direct Fax (317) 223 -0317
E -Mail: JSmeltzeraboselaw.com
FAX TRANSMITTAL SHEET
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained In the material is privileged and is intended only for the
use of the Individual(s) or entity(ies) named below. If you are not the Intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us
by telephone to arrange for retum of the forwarded documents to us.
DATE: December 18, 2003
TO: Jon C. Dobosiewicz FAX NO: 571 -2426
Carmel Dept. of Community Services
User Number: 851
Client/Matter 13977
Total number of pages transmitted including cover sheet: 6
MESSAGE:
RE: Aspen Prairie Homes/Use Variance
Jon:
Attached you will find four (4) letters from health care providers supporting the Aspen Prairie
Homes concept and request for variance. I will bring additional copies on Monday night for
members of the BZA, unless you want these additional copies provided to you before the
hearing.
Please call me with any questions or comments. Thank you.
John K. Smeltzer
If you experience problems in receiving any of these pages, please call the Carol Smith at (317)
684 5321 as soon as possible. Thank you.
Indianapolis Downtown Indianapolis North Washington, DC
www.boselaw.com
Dec 12 03 05:37p J ak E. Heer 31/m185-4663 p.
DEC -12 -2003 13 :59 lip PCC ANNEX 3173387907 P.02/02
1113 St.Vincent
INsunrrE ON AGING
December 12, 2003
8240 Nsai. Road
Suite 7SS
Ind'unapnlu, 1N 441150 M Jeff Heer
(177) iin.77t0 n
lax 017)3311.771U 10974 Wintercove Way
Fishers IN 46038
www.al.int nt.1X
Done W. !leaky. M_D.
Patrick J. Heals, M.D.
C:talg Wilton, m, n,
Jodie n, harper. M.I). Dear Jeff;
Dehbk B. elk;. APRN. BC
Kritaie A. C1rnk..We,, APRN, BC
I am writing this letter in support of your continued development of
residential accommodation for the elderly in our community. While the
concept is a new one in this area of the country, it has been a very
successful option across the US for elderly individuals who require extra
assistance but who wish to remain in a residential setting. I have a number
of patients who are currently living in your other facilities and I have been
very pleased with their care. Our current emphasis on institutionalizing
our frail elderly is not always in their best interest and other residential
care options such as yours should be promoted. It will not be long until
we see many more such residential opportunities in our area because it is
what our elderly individuals and their families are calling for currently.
I would object strongly to any mention that the concept you are promoting
is merely a "holding tank" for our frail elderly. Nothing could be further
member of from the truth, I would contend that a home -like environment such as you
SCENUN
promote is therapeutic and better matches the needs of the frail elderly
coaeval„..n than an institutional environment.
Wr are called to:
1 wish you good luck in your future endeavors to better serve the needs of
Service nru,r Near our frail elderly.
Cm :rooky of spirit for
percont moat in need.
Reverence
Raped and rn.np n
ror the dignity and dirrsaity Sincerely,
of life.
r
Inttcrrity
!wiring trust dm ugh
pertont l kadcrahip.
w;,a..,n Patrick J. Healey, MD
Integrating c...a-acme
and a4 aniship.
Creativity
Cuuragcau.. innoratiun.
Dedication
Affirming the hope .114
jny or nut ministry.
met A member of St.Vincent 11 a.a.tt.
TOTAL P.02
Dec 12 03 05:37p J fret' E. Heer 31785 -4663 p.3
Alzheimer's Association
December 12, 2003
Jeff Heer, Owner
Aspen Prairie Homes
10974 Wintercove Way
Fishers, IN 46038
Dear Mr. Heer,
The mission of the Alzheimer's Association is to eliminate Alzheimer's disease through
the advancement of research and to enhance care and support for individuals, their
families and caregivers. Together with our national office, 81 Chapters and 300 area
offices we strive to service people with dementia, their families and healthcare
professionals in all disciplines. We offer 24/7 assistance and guidance, a robust website,
Safe Return for people with dementia at risk for wandering and a national program,
partnering with your doctor along with a myriad of local education programs. Our local
chapter is located in Indianapolis. We encourage you to link families with them.
Currently, 4.5 million people have AD and that number is expected to triple, 12 million in
the next 40 years with the aging baby boomers. Age is the greatest risk factor for the
disease and nearly 50% of persons over age 85 have Alzheimer's disease.
As our population ages, the use of home health services continues to increase. In 1996,
4.6 million people age 65+ received home health services compared to 2.6 million under
age 65. More than 7 of 10 people with Alzheimer's disease live at home. Almost 75% of
home care is provided by friends and family. Home care is a viable and affordable care
option for persons with dementia and often assists in delaying institutionalization.
The Alzheimer's Association supports having a variety of long term care options
including home care, adult day care and residential facilities since the duration of the
disease can last from anywhere between 8 -20 years.
We would like to thank you and your staff for providing for the needs of persons with
dementia in a home -like setting.
Sincerely,
Kathleen O'Brien, Senior Vice President
Program and Community Services
Alzheimer's Association
CC Heather Hershberger, Greater Indiana Chapter
Dec 13 03 03:14p Jeffrey E. Heer 317 585 -4663 p•2
Our Mission
To help older adults with long c th regardless of their economic situation.
independence
and gain access to quality
New Attitude, 'F'aith in Action
December 11, 2003
This letter is in support of Aspen Prairie Homes. I have worked for several years at the Alzheimer's
Association of Greater Indiana managing the 24 -hour helpline where I was responsible for the
other
dissemination of information on the best practices in the care of persons with Alzheimer's
versify of
demential. I am also a graduate student in the Master of Science in Gerontology
Indianapolis. have studied extensively how to best serve persons with dementia.
As supported by Senate Bill 493, it is so important that our older adults and their families have options
when deciding how best to obtain care. In Central Indiana there are not enough choices. We can not
begin to eliminate viable choices because some people do not have important information.
Persons with Alzheimer's disease and similar dementia:
Experience physical changes, usually amyloid plaques and neurofibrillary tangles in the brain
which causes certain nerve cells in the brain to stop working
Experience gradual decline in ability to safely care for self
Are not crazy or dangerous
Continue to need quality of life
Experience gradual decrease in their
cognitive ability including memory, judgment, special concepts needed for handling
money and personal business
ability to perform personal care needs
ability to interpret sensual stimuli
Care for a person with dementia requires an understanding of the disease involved and an
understanding of what the person is able to do. One of the most important aspects to dementia care is
empowering the person with the disease to be as independent as possible while providing the safety
and care, which he needs. This is best accomplished in a familiar setting. If the person is not able to
remain in their own home, a home setting is one of the best solutions. A person with dementia
becomes more confused when provided too many choices. Large rooms and buildings can be very
frightening since the person fears being lost and can become more confused when given too many
choices. The person with dementia also thrives best with a regular schedule, which conforms to their
own needs. Although nursing homes strive to meet this need; staffing, meal schedules, shower
schedules etc. create the need to maintain an institutional schedule rather than the personal schedule
of the 100 people who may live there. An example is when the staff is required to get everyone up for
breakfast at a certain time and because each nursing aid usually has 8+ people to get up and ready,
many times people will sit for up to an hour at the table waiting for their meal.
fir
!l w
7637 Bancaster Drive
Indianapolis, Indiana 46268
1 (317) 802 -0062 or (317) 508 -3214
newattitudecare @aol.com
4 ,4 4 homes
A neighbors independence dep ends on you!
Dec 13 03 03:14p Je f_re_y E. Heer 317 05 -4663 p.3
Page 2 December 13, 2003
A home environment allows a person to move through his day at his own pace. The living assistant is
able to fit the work schedule around the needs of the person rather than the person's schedule around
the needs of the work schedule. The home environment gives the person with dementia the sense of
familiarity, since most persons lived in the home prior to the disease. It also gives a sense of safety
and comfort. The person with dementia deserves to live his life as normal as possible. He deserves to
be able to continue the activities with which he is familiar. And he and his family deserve to choose
what best meets their needs.
I have been to the Aspen Prairie Homes many times. The people I see there are happy and
functioning. They are able to continue to do the activities they did in their own home with the support
they need for safety and well- being. They are able to bring their own belongings, which aid their
of a normal life. They receive encouragement and the comfort of bein g with people they
love. Living in a home environment with the familiarity of past years, safety, personal care and support,
as a family unit is a wonderful option for persons with dementia. 1 only wish there were many more
homes like Aspen Prairie.
Please preserve the rights of the residents of Aspen Prairie Homes.
Respectfully, 6/44411----
Linda Evrard, Director
New Attitude, Faith in Action
Dec 12 03 11:54a Je fre Pre E. Heer 31785 -4663 p.2
Dec 09:36A Me odist Geriatrics 31 22070 P.02
wu,nw.
If( Clarian Health
Methodist •IU•Riley
Center for Geriatric Medicine
December 11, 2003
To Whom It May Concern:
As a social worker that has been delivering service to the elderly and
their families for over 17 years, I believe that elderly clients and families
want and need as many care options as possible in order to make the
best choices for their loved ones. Toward this end, the development of
home like settings for seniors can be a beneficial option for elderly people
who respond well to the structure and support of a smaller environment.
Care providers need options for senior living. Supporting growth in this
area is needed to ensure that there are enough solutions to meet the
needs of a growing aging population.
Si erel rr
Mar damson LCSW
Clarion Health Partners, Inc. 161'1 n. ('.tpnnl \w•., Susie .12 117 'NV -1'iny aiiu r
i'I), IIna 1167 .i17•10 ;070
IntLan,nmk, I www.d..6.1n.com
46706 I1(,7
0 A16
C A R
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CityofCarme
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VIA FAX: 223 -0317
Original by mail
November 17, 2003
John Smeltzer
Bose McKinney Evans LLP
600 E 96 St, Ste 500
Indianapolis, In 46240
RE: Briar Creek, Blk 1, Lot 11— UV Application
Swk-e 1
Dear Mr.QA9,4#:
This review letter is in response to your Use Variance Application for Briar Creek, Blk 1, Lot
11. This is a preliminary letter to let you get started on revisions. Members will make
additional comments at the TAC Meeting on November 19. Please complete the following items
after the TAC meeting:
1.) Please provide a site plan.
2.) Please provide official list of adjacent property owners from Hamilton County
Auditor's Office.
3.) Please provide photos of the building or elevations.
If you have any questions or if I may be of assistance please do not hesitate to call.
Sincerely,
&/(7
Angelina Butler
Planning Administrator
BriarCreek,Blkl ,Lott 1 -UV
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
r f cA,9 CITY OF CARMEL
Department of Commun Serv
One Civic Square
t. 1� 4 Carmel, IN 46032
<ro M to (317) 571 -2417
Fax: (317) 571 -2426
F.
To: ,v,„2,,_, From: A i LA. Lei
31 to
Fa.ic 6 "I 4 �y' 5 Pages:
Phone: Date:
Re: CC:
Urgent For Review Please Comment Please Reply Please Recycle
X
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
DATE: November 12, 2003
TO: John Smeltzer
FAX: 223 -0317
FROM: Pam
Attached hereto are' 3 pages, including this cover letter, for facsimile
transmission. Should you experience any problem in the receipt of these pages,
please call 317/571/2417 and ask for Pam.
NOTES: TAC Agenda for November 19, 2003.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private
and confidential and are the property of the sender. The information contained in the material is
privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are
not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the
taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If
you have received this facsimile transmission in error, please immediately notify us by telephone to
arrange for retum of the forwarded documents to us.
0
Butler, Angelina V
From: Babbitt, Pamela A
Sent: Friday, November 07, 2003 3:20 PM
To: Brewer, Scott I; Butler, Angelina V; Dobosiewicz, Jon C; Hollibaugh, Mike P; Lillig, Laurence
M; Pattyn, Dawn E 1 O 1 00a07
Subject: new
Aspen Prairie` -Homes
tSse Variance 'J c. Tk C.
contact: John Smeltzer 684 -5317 D,PA, r' a ea (-kell2
UN.- Ij p h O kre.
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