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Home My WebLink AboutKensington Place HOA presentationKensington Place Homeowners Association Presentation to Carmel Plan Commission April 19, 2011 1 PI 1 11 1 1 E'n +rod ua ,'i and Speakers The townhomes at Kensington Place are adjacent to the seven acres of property which are under consideration before the Plan Commission on this, the 19 day of April, 2011. The developer or this tract is proposing a continuing care retirement community known as Woodland Terrace, which consists of 44 one bedroom independent care units, 28 one bedroom assisted living units, 82 two bedroom independent care units and 31 studio assisted living units. We, the property holders of Kensington Place, have serious concerns about this development, and have prepared this handbook, to be entered into the public record, of our objections. We are presenting this written document to accompany our verbal comments so that members of the Plan Commission may re -read it when considering the approval of the project. Each speaker has a specific topic to address, and the names of the speakers and their contact information is listed below. Zoning Issues Virginia Kerr 13595 Kensington Place Li Consultant's Comments. Jill Goss (Address available upon request) Neighborhood Concerns Susan Shellabarger 13571 Kensington Place 1 Environmental Issues Gary Doxtater 13559 Kensington Place Court Case Sharon Oldham 13534 Kensington Place i Summary John Kerr 13595 Kensington Place Zo Re: Docket No.11020013 DP /ADLS and Docket No.11030006/ ZW The following facts are supportive evidence as to why the Plan Commission should deny the Woodland Terrace application. The residences of Kensington Place have prepared a booklet for the Plan Commission's review. The booklet is being submitted with the request that all the contents shall be included in the record. Carmel's Comprehensive Plan includes a picture of a Kensington Place property where the caption reads: "Kensington Place is a good example of a lower density attached residential development. Although it doesn't fit the traditional form of attached residential, it would be appropriate in select locations." Such a select location is The U.S. 31 Corridor. A number of the lots in Kensington Place are included in the U.S. 31 Corridor. The following are highlights from the Carmel Zoning Ordinance which contain concerns to be reviewed by the Commission and facts from which the application explicitly deviates: Chapter 23B: U.S. Highway 31 Corridor Overlay Zone 23:8.00 The purpose of the U.S. Highway 31 Overlay Zone is to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering U.S. Highway 31... The U.S. Highway 31 Corridor is a premier office location. 238.00.02 To insure the compatibility of the proposed use with adjoining areas, the Commission shall review the ADLS application of any lot or parcel of ground within the U.S. Highway 31 Overlay Zone prior to the issuance of an improvement location permit by the Department. 23B.02 The Commission shall review A. 3. a. Existing site features, including topography and wooded areas; n. Proposed setbacks, site landscaping and screening, and compatibility with platted residential uses; q. Compatibility of proposed project with existing development within the U.S. Highway 31 Corridor C. (3) The proposal shall not produce a Site Plan or street circulation system that would be impractical or detract from the appearance of the Development Plan and the U.S. 31 Corridor and not adversely affect emergency vehicle access or deprive adjoining properties of adequate light and air. The Hamilton County topography map which includes both the Justus property and Kensington Place is included in the booklet. The highest point of the Justus property is 850 feet and the lowest point of Kensington Place is 822 feet. The variables of topography defy required compatibility and the proposed development would `deprive" Kensington Place properties "of adequate light and air." 23B.04 Uses Zone. There shall be no Special Uses permitted in the U.S. Highway 31 Overlay Under Definitions in the Zoning Ordinance we find a definition of a Community Continuing Care Retirement Community (CCRC) In Appendix A outlining uses, we do not find a CCRC listed. The attached Woodland Terrace Summary presented by The Justus Companies reads: "The proposed facility is being designed and all facets are intended to be compliant with the city of Carmel's building ordinances under the auspices of a CCRC 238.08 Height and Yard Requirements It is the intent of these regulations to orient new buildings with their longest axis parallel to the adjoining highway or street to create a sense of enclosure along the streets, with parking located to the rear, and if necessary, to the side of a building. In Carmel's Comprehensive Plan there is reference to the U.S. 31 Corridor where the following statement is included: "Building heights should not exceed three stories when adjacent to existing residential neighborhoods:' 23B.08.06 Minimum Parcel Coverage and Density A. Maximum Parcel Coverage shall be sixty -five percent (65%) of any parcel covered by a DP. 23B.09 Architectural Design Requirements ...factors to be considered by the Commission shall include but not be limited to the following: A. Context: All buildings shall be designed with respect to the general character of the U.S.31 Corridor and particularly, with due consideration to buildings located on lots that abut the project site. There are ten lots in Kensington Place that abut the project site which should be given "due consideration" given there is a high probability of substantial devaluation of all Kensington Place properties should this proposed Justus project be approved. At this time 1 would like to introduce to you a resident of our Carmel community who has already had twenty -five years in the field of health -care communities as an administrator and consultant in Indiana, Kentucky, Kansas, Nebraska, Idaho, Montana, New Mexico, and Missouri. Her experience brings to your attention enlightenment of Justus Companies' existing independent and assisted living apartment facilities, what is required by the federal government and the State of Indiana to have a CCRC, and how many CCRCs are already available in Carmel and their occupancy. May I introduce to you Jill Goss. 1 1 1 1 1 1 34 j OF CA .IEL 0.4)( 4N. PART 3: LAND CLASSIFICATION PLAN fiTT HED RESIDENTIAL Purpose To diversity housing opportunities for young professionals transitional families, empty nesters, and workforce housing near amenities and where connectivity is good. Geographic Location Utilized throughout Carmel, but primarily in North and South Central Cannel. Most appropriate near major thoroughfares, urban centers, parks, vitality centers, and schools. Land Uses Town houses Condominiums. Apartments. Intensity/Density Density in developments may be 7,0 dwelling units per are or greater. Examples North Haven (96th Street and Gray Road). Providence at Old Meridian. Townhomes at City Center (City Center Drive). Appropriate Adjacent Classifications Best Fit: Parks and Recreation, Urban Residential, Attached Residential, Neighborhood Support Center, Neighborhood Service Node, Institutional Node, Community Vitality Node, and Core Support. Conditional Fit: Suburban Residential, Employment Node, Regional Vitality Mode, Secondary Core.. and Primary Core. Structure Features Maximum two stories, or three stories if context reflects the same scale. No front loading garages for town houses or apartments_ Gable and hip roofs. Structure Orientation On Site Centralized, zero lot line, or build -to front line building envelope. Development Features Minimum of 20° i open space in subdivisions, and similar percentage in unplatted development (e.g. condominium). At least 50 of all open space should be usable. Parking to the side or rear of buildings. Internal and external bicycle and pedestrian connectivity Protect pre development environmental features, Regulation Implementation Utilize hybrid (traditional and form- based) zoning to regulate this land classification. This condontinium development reflects 11r Attached Residential rse and Corm o This apartment development is designed to reflect townhouses and is a good example of how Attached Residential can be used in close proximity to Core Support and Secondary Core classifications. Kensington Place is a good example of a lower density attached residential development. Although it doesn fit the traditional form of Attached Residential, it would be appropriate in select locations. 1 ELM PART 5: CRITICAL CORRIDORS AND SUBAREAS 'OA. 31 CORRIDOR Description The U.S. 3I Corridor has been identified as a critical corridor because it: Serves as major regional north/south arterial; Provides an abrupt transition between the urbanizing central part of Cannel and sensitive low density residential neighborhoods and estates; Creates an undesirable barrier for east/west vehicular, bicycle, and pedestrian transit, and Is a major employment corridor and economic engine U.S. 31 is slated to be upgraded to freeway status, requiring interchanges as the only access points. This is a positive improvement to reduce traffic congestion, yet will result in numerous challenges as well. For instance, Carmel will likely lose some access points along the corndor. It will be important for Carmel to maintain sufficient access to U.S_ 31 and to ensure the City's character is not compromised Further, it will be important to provide numerous means for east/west access for vehicles, bicycles, and pedestrians Critical Area Boundaries The 1'.S. 31 Corridor boundaries are depicted on the Orientation Map on the following page. Strategy Utilize Roundabout Interchanges: The City of Cannel will work with the State of Indiana to ensure the use of roundabout- style interchanges. These interchange designs are expected to save cost.. reduce acquisition of land, disturb less of the built environment, and best match the character goals of the City. Another expected advantage is efficiency of vehicular traffic, reducing emissions and fuel consumption. Extend Illinois Street from 106th to I I lib Street As U.S. 31 is upgraded, Illinois Street will be necessary to provide north/ south access to the employment corridor on the west side of U.S. 31. Illinois Street also establishes the transition from intense office corridor to low density residential areas to the west. Spring MN Road Rf1W.11Cd: 2 Story Home .41,(11111.411 P.mht When adjacent to Residential Had-0Istance bet. n teed strict Raw., Maximum R•Ignt When adjac I to Commercial Mimes St ROW it 1pl 3.4;16' 3 Story Building 10 Story Building 8 Story Building P One -f Wiei4m Mneen US. 31 arid UMW Se. MVO One-waren &stance Women Minors Se. and US- 31 FLOW i 411Maritwn Icarian 1 Oeah Sbeet and 111M Wert Ai 31 R4W,13Tdt 00 C771'OFCAP_4ttL MONA Maintain Strong East/West Connectivity: As a major arterial, U.S. 31 acts as a barrier for bicycle and pedestrian traffic. When the highway is upgraded to freeway status, it may also reduce east: west connectivity for vehicles. The City will work with the State of Indiana to establish six interchanges and three overpasses for adequate vehicular, bicycle, and pedestrian access. Two additional bicycle and pedestrian grade- separated crossings are necessary. Require 6 to 10 Story Buildings: Require all buildings in the employment corridor to be 6 to 10 stories in height, and 3 to 5 stories (not to exceed 60 feet) when between 106th Street and 111th Street west of U.S. 31 (see illustration below). However, building heights should be reduced as they encroach on Illinois Street and Pennsylvania Street; and building heights should not exceed 3 stones when adjacent to existing residential neighborhoods (see illustration below). This office and medical corridor provides essential employment opportunity and portrays a positive community character. Parking areas should be de- emphasized and, when appropriate structured to make room for additional buildings. Limited opportunity for business serving and employee serving commercial should be allowed (e.g. restaurants and print shops) in existing buildings or small nodes along the corridor. Design Guidelines Protect and enhance the green corridor aesthetic created by large lawns and consistent landscaping. Ensure safe means for bicyclists and pedestrians to cross U.S. 3L Transition the scale and mass of structures between U.S. 31 and Illinois Street to minimize impact to residential development to the west. Require high quality, urban office architecture and campus design between Illinois Street and Pennsylvania Street. Prohibit "branded architecture. Allow clearly visible signs for major tenants Encourage "green" architecture for all new buildings. Sensitively integrate amenity nodes along Illinois Street and Pennsylvania Street for convenience and enjoyment of corridor employees and nearby residents. Prepare for a context sensitive mass transit line_ Respect transitions to adjacent neighborhoods and require appropriate buffering. Integrate bicycle and pedestrian facilities along U.S. 31 Corridor. Co PeperiL PROFESSIONAL EXPERIENCE JILL A. GOSS P.O. BOX 40384 Indianapolis, Indiana 46240 Highly qualified healthcare Executive Manager offering 15+ years successful, hands on experience in for profit/not- for profit, regional multi site /multi -state management, staff development, mentoring, training, census development, product, program /niche development, strategic planning, sales /marketing plan development and implementation, and market position experience [CCRC (independent and assisted living), long -term care, LTAC, rehabilitation and home care]. SPECIALITIES Multi- facility sales /marketing management, census enhancement, mentoring /training, increasing market share, positioning as provider of choice, strategic planning, positively impacting the bottom line. 4/10 to present SUN BRIDGE HEALTHCARE Business Development Director, Kentucky Region Successfully managed twenty LTC/ Alzheimers facilities in the state of Kentucky from a sales and marketing perspective, with 28 direct reports. Increased census in all facilities of responsibility to consistently run between 96% to 98% occupancy. Created Strategic initiatives, in multiple and divergent markets to position Sun facilities as the provider of choice, which included hospital, physician, home care, and hospice win /win collaborations. Provided hands on guidance, sales training, and mentoring to both facility and field marketing and sales staff. Successfully opened two new short term stay Rehab Recovery units, one of which was full on the opening day and the other was full two weeks after opening. Directed competitive analysis, marketing plan development, and satisfaction surveys for all facilities. Recruited physician advisors for strategic specialty programs. Collaborated with Sun Development regarding physical plant additions and enhancement planning. 10/08 to 3/10 SHORELINE HEALTHCARE MANAGEMENT Regional Sales Consultant Managed Regional Sales Consulting for multi facilities in Kansas, Nebraska, Missouri, Idaho, Montana, and New Mexico. Increased census by 25% by positively managing LOS, discharge to acute, and the optimization of Medicare A/Managed Care referrals. Instrumental with the development of niche programming neuro, ortho, wound, pulmonary to facilitate differentiation and success in competitive markets. Guided the creation and implementation of admission /marketing and IT systems to increase efficiency and positive time management. 12/06 to 10/08 INFINITY REHAB National Director of Sales and Marketing Managed national sales for Infinity Rehab, a provider of contracted therapy services for multi state /multi -site continuing care retirement and long -term care 1 1 1 1 A 1 u Page 2of3 12/04 to 12/06 08/02 to 12104 corporations Identified and called on corporate CEOs and COOs to develop sales contracts. Increased contracts by 30 Created a comprehensive wellness product to be sold to CCRC clients in conjunction with therapy services Assisted in guiding national strategic growth and direction. JILL A. GOSS P.O. BOX 40384 Indianapolis, Indiana 46240 (317)538 -5317 BUSINESS DEVELOPMENT SOLUTIONS, LLP Contracted Clients Extendicare Health Service (LTC), Sycamore Services, Inc. Created and managed an independent consulting firm assisting clients with multiple sites with census development, training, strategic planning, business unit creation, program development. Generated innovative strategic marketing strategies resulting in occupancy enhancement and a positive impact to the bottom line Created private pay programming thereby diversifying income streams and dramatically reducing overall risk. REHABILITATION HOSPITAL OF INDIANA Consultant for Special Projects and Resources Development Created research focused university collaborations and relationships resulting in grant opportunities and stature enhancement. Led a fund development campaign to raise funds for hospital special programming and infrastructure improvements. REHABILITATION HOSPITAL OF INDIANA Manager of Outpatient Services Managed outpatient business development and operations for a 98 bed rehabilitation hospital and two satellites. Managed 45 person staff. Redesigned outpatient services delivery resulting in improved efficiency, service quality, and customer satisfaction. Guided and directed phenomenal outpatient growth from just under 200 patient visits per month to well over 1,000 patients per month. Spearheaded the design and management of seven outpatient clinics and recruited physician participants. 09/99 to 08/01 HEALTHSOUTH REHABILITATION HOSPITAL OF KOKOMO Director of Marketing Managed sales, referral development, and admissions staff for a 60 bed freestanding rehabilitation hospital. Created a network of 27 referring short -term acute hospitals. Consistently operated profitability with a full census. Coordinated the development of all new programming. Supervised the development of sleep lab, day hospital, and CVA retool. Developed aggressive strategy for business development and marketing positioning in North Central Indiana. 05/97 to 04/99 PROGRESSIVE STEP REHABILITATION National Account Coordinator Page 3 of 3 1990 to 1992 BEVERLY ENTERPRISES Marketing Consultant EDUCATION Sold and negotiated therapy contracts with multi- state multi -site long -term care corporations. Instrumental in creating a strategic plan to provide rehabilitation contracts to provide services for active duty armed services personnel. JILL A. GOSS P.O. BOX 40384 Indianapolis, Indiana 46240 (317)538 -5317 02/96 to 03/97 HEARTLAND HEALTHCARE AND RETIREMENT Consultant Negotiated a contract to provide services for an internal medicine /cardiology practice. Created market niches (cardiology, rehabilitation, and podiatry) Developed managed care contracts. 10/92 to 04/94 CONTINENTAL MEDICAL SYSTEMS Rehabilitation Physician Liaison Coordinated, developed, and implemented marketing strategies for four rehabilitation hospitals. Enhanced overall census by 20% in the first six months Created statewide physician education initiative. Managed marketing and census development for 92 LTC facilities in Indiana and Ohio. Impacted census by 2% in first six months. Mentored and trained facility marketing and administrative staff. Responsible for training in the arenas of personal selling, customer relations, and hospitality. Purdue University Graduate School of Counseling, Lafayette, Indiana Indiana University, Bloomington, Indiana B.A. Journalism Concentration in Marketing and Public Relations MEMBERSHIPS Executive Women in Healthcare American Marketing Association Public Relationships Society of America Board Member Indiana Brain Injury Association Indianapolis Network of Women in Business $IHCA INDIANA HEALTH CARE ASSOCIATION Honie About Us How to Join Consumers Colisultinr 01>!tioi Facility Selcctioi Facility Adniissio it Facility Costs Facility Visitation Comm!' Misconceptions Glossary of Terms Get Involved Testimonials Find a Facility Search our directory to find the right facility for you loved one. Explore Your Options Our Fee Care In'.e•preter :oat will rie!p you find the best living option for a parent or loved one. Find Your Legislator Look up your elected official and stay informed. Take action today! Acv Gasssa rl: steer; Ediocatio,' Convention and Expo Eveots Contact Glossary yearn the language MEDIA CENTER LINKS MEMBERS ONLY Many o` she definit'ons below we referenced from Lo' gTermCareLiving.corn, a guide to planning, preparing, and paying for to ig term care a site produced and managed by the America Health Care Association IAHCA). A B C D E F GH• J 1{ LMNOPQRSTUVWXYZ A Activities of Daily Living (ADL) The physical functions necessary fo: indepe-Iden: Living, including batting, dressing, eating, toileting, walking or wheeling, and transferring into and out of bed. Acute A sudden and severe condition. ENLARGE TEXT: Activity coordinator A trained nursing home staff member wlo is responsible for leisure activities 'n the facility. Activity coordinators develop programs for patients based on individual abilities and interests. Activity programs must be designed to help patents maintain their highest level of functioning. Administration on Aging An agency of the U.S. Department of Health and Human Services. AOA is an advocate agency for older persons an tieir co7cerns at the federal level. AOA works closely with its nationwide network of State and Area Agencies on Aging (AAA). Administrative Costs A general term that refers to Medicare and Medicaid administrative costs, as well as CMS administrative costs. Medicare administrative costs are comprised of the Medicare related outlays and non -CMS administrative outlays. Medicaid administrative costs refer to the Federal share of the States expenditures for administration of the Medicaid program. CMS administrative costs are the costs of operating CMS (e.g., salaries and expenses, facilities, equipment, rent and utilities, etc.). These costs are reflected in the Program Management account. Administrator The staff member responsible for the overall management of the nursing home. Every Tennessee nursing home must have a full -time administrator who is licensed by the state. Adult Day Care Center A community based program offering structured activities and meals. Some health services may be offered for an addit'onat fee. Transportation may be provided. Most programs operate during the week and can be attended ful. or part -time. Adult Day Care A program that provides protective care for adults who stay at home at night but who need supervision and assistance during the day, generally because the family caretaker must go to work. A number of Tennessee nursing homes have adult day care programs and many are offered 'n conjunction with the Alzheimer's Association. Age- Associated Memory impairment Mild memory loss that increases with age. Mild memory loss is normal and should not be confused with forms of dementia, which are progressive and affect every day living. Alzheimer's Disease A progressive and irreversible organic disease. typically occurring in the elderly and characterized by degeneration of the brain cells, leading to dementia, of which Alzheimer's is the single most com °non cause. Progresses from forgetfulness to severe memory loss and disor ie,tat o. .ack o concent loss of ability to calculate numbers and firal.y to increased severr;v a; al symptoms and significant personality changes. Ambu late To walk. Aphasia The toss of ability to express oneself and/or understand language. Apraxia ,nabili y to carry out a complex or skilled movement dde to deficiencies in :ogm,•or, Area Agencies on Aging (AAA) State and local programs that help olde. people plan and care for their life Noig Needs. T.iese needs include adult day care, skilled nursing care /therapy, transportation, persona. care. respite care, and meals. Assessment Determ: :nation of a residents care needs, based on a formal, structured evatuat.on cr the resident's physical and psychologica; condition a'rd ability to perform activities of dais„ livi ig. Assisted Living Senior housing that provides individua. apartments, which may or may not have a kitchenette. Facilities offer 21 hour on site staff, congregate dining, and activity programs. Assisted living facilities provide certain medical services, which typically can be self administered. for those who do not need the more intensive nursing services provided in a nursing home, Limited nursing services may be provided for an additional fee. Back to top B Bed Sores See Pressure Ulcers Bedfast To be bed ridden, Back to top C Case Mix Is the distribution of patients into categories reflecting differences in severity of illness or resource consumption. Case Mix Index The average DRG relative weight for all Medicare admissions. The numeric score or weight given to certain RUG. Center for Medicare and Medicaid (CMS) Formerly the U.5. Health Care Financing Administration, CM5 is an element of the Department of Health and Human Services, which finances and administers the Medicare and Medicaid programs. Among other responsibilities, CMS establishes standards for the operation of nursing facilities that receive funds under the Medicare or Medicaid programs. Certified Nursing Assistant (CNA) The CNA provides personal care to residents or patients, such as bathing, dressing, changing linens, transporting and other essential activities. CNAs are trained and certified to work under the supervision of an RN or LPN. Chronic A lasting, lingering or prolonged illness. Chronic Disease A disease which is permanent, or leaves residual disability, or is caused by nonreversible pathological alteration. Civil Monetary Penalties (CMPs) When a licensed nursing home has been cited with a deficiency by the state, the nursing home may lay 11avC to Nay c1 }IV! 'tidy InIr U111.11 ule uG9tttt'tlty I16• UCC11 tut1et-1M. I tuC attluWtl Ut cur tint depends on the severity of the infraction. Cognitive Impairment A diminished mental capacity, such as difficulty with short -term memory. Continuing Care Retirement Community (CCRC) A housing community that provides different levels of care based on what each resident needs over time. This is sometimes called "life care' and can range from independent living in an apartment to assisted living to full -time care in a nursing home. Residents move from one setting to another based on their needs but continue to live as part of the community. Care in CCRCs is usually expensive. Generally, CCRCs require a large payment before you move in and charge monthly fees. Rack to top D Deficiency {NURSING HOME) A finding that a nursing home failed to meet one or more federal or state requirements. Dementia Progressive mental disorder that affects memory, judgement anc• cognitive powers. One type of dementia is Alzheimers disease. Department of Health and Human Services An execu'ive department of the federal government that is responsible for the oversight of the Medicare and Medicaid programs. Developmental Disability (DD) Refers to a serious and chronic disability, originating before age 18, which is attributable to a mental or physical impairment or combination of mental and physical impairments. Those affected have limitations in three or more of the following areas: self -care, receptive and expressive language, learning, mobility, self- direction, capacity of independent living, economic self- suffiaency. Those who have a developmental disability other require long-term treatment and care planning. Direct Care Costs Costs associated with nursing, therapies, medical supplies, oxygen, pharmacy, consultants or medical director. Discharge Planner A sociat worker or nurse who assists patients and their families with health care arrangements following a hospital stay. Director of Nursing A nurse who supervises other nurses and certified nurse technicians. In Tennessee facilities, the director of nursing (DON) must be a registered nurse unless the facility has special permission to use a licensed practical nurse. Durable Medical Equipment (DME) Durable medical equipment, as defined by Medicare, is equipment which can 1) withstand repeated use, 2) is primarily and customarily used to serve a medical purpose, 3) generally not useful to a person in the absence of an illness or injury, and 4) is appropriate for use in the home (e.g. wheelchairs, hospital beds, walkers). Durable Power of Attorney for Health Care (DPAHC) A legal document in which a competent person gives another person (called an attorney -in -fact) the power to make health care decisions for him or her if unable to make those decisions. A DPA can include guidelines for the attorney-in-fact to follow in making decisions on behalf of the incompetent person. Dual Eligibles Someone who is qualified for both Medicaid and Medicare. Back to top E F J C 0 r J G Geriatrics The branch o` medicine that focuses on providing health care for the elderly and the tretrt..ier: Y diseases associated with the aging process. Grouper A software program whicri links MDS data to RUG categories. Back to top H Health Care Power of Attorney The appointment of a heastf care agent to make decisions w,ier ie p °nc pal becomes unab.e to make o• commu -icate decisions. Health Maintenance Organization (HMO) An organization that, for a prepa fee, prov des a comprel'e•isive range or heat') maintenance and treatment services (Including hospitalization, preventive care. diagnosis, and nursing). Home -and community -based services (HCBS) Services that are provided to people in their homes by various types of providers. HCBS may include services such as case management, minor home modifications, home delivered meals and personal emergency response systems. Home Health Agency (HHA) An agency that provides medical services in a home setting. Services may be provided by a nurse, occupationat, speech or physical therapist, social worker, or hor=se nealU• aide. Home Health Aide A person who provides perso ia. care sucl• as bathing, dressing and grooming. May include light housekeeping services. Hospice Hospice /palliative care is provided to enhance the life of the dying person. Often provided in the home by health professionats, today there are many nursing facilities and acute care settings that also offer hospice services. Hospice care, typically offered in the last six months of life, emphasizes comfort measures and counseling to provide social, spiritual and physical support to the dying patient and his or her family. Hospice Care The provision of short -term inpatient services for pain control and management of symptoms related to terminal illness. Back to top Indirect Care Costs Dietary services raw food, laundry, housekeeping, social services, or activities. Informal Dispute Resolution (IDR) When a state inspector cites a licensed nursing facility as being deficient in some area and the facility believes the citation is inaccurate or unwarranted, the facility may ask the state for a hearing called an IDR. At the hearing, it is up to the facility to prove to state officials that it is In compliance with state regulations. Intermediate Care Facility /Mentally Retarded (ICF /MR) A licensed facility with the primary purpose of providing health or rehabilitative services for people with mental retardation or people with developmental disabilities. Back to top Joint Commissionon Accreditation of Healthcare Organizations An organization that accredits healthcare organizations. In the future, the JCAHO may play a rote M certifying these organizations' compliance with the HIPAA A/5 requirements. Back to top K L Levels of care (Level I and Level II) The •mensity of care provided tc nursing home patients depends on their medical needs. Most patients need a less intensive eve o' care that the Medicaid program calls Level 1 (formerly called intermediate care), while others need a more intensive level coiled Level 11 or skilled nursing care. The cost of Level 11 care is higher than that of Levet I. both to private pay patients and to the Medicaid program.. The Medicare program does not cover Level I care and covers skilled care only ire certaih circumstances and i:7 certified facilities. Long Term Care (LTC) The broad spectrum of medical aid support services provided to persons who have lost some or a;i capacity to functioi on their own due to a chronic illness or condition, and who are expected re need such services over a proloiged period o' time. Long term care can consist of ca it ih� home by `amity members who are assisted with voluntary or employed help, adult day heat. care, or care in assisted living or sidled nursing facilities. Long -Term Care Facilities A range of institutions that provide health care to peop'.e who are unable to manage independently in the commu9ity. Facilities may provide short -term rehabilitative services as well as chronic care management. Long Term Care lnsurance A policy designed to help alleviate some of the costs associated wit,. .org term care. Benefits are often paid 1" the form of a fixed dollar amount (per day or per visit, or coverer expenses and may exclude or limit certain conditions from coverage. Back to top M Market Basket The cost of the mix of goods and services (including personnel costs but excluding non operating costs) comprising routine, ancillary, and special care unit inpatient hospitat services. MDS (Minimum Data Set) Is the core set of screening and assessment elements of the Resident Assessment Instrument (RAJ). This resident assessment instrument provides a comprehensive, accurate, standardized, reproducible assessment of each tong term care facility residents functional capabilities and helps staff to identify health problems. This assessment is performed on every resident in a Medicare andlor Medicaid- certified long term care facility including private pay. MDS 2.0 Minimum Data Set, version two. The most current resident assessment instrument. Medicaid The federally supported, state operated public assistance program that pays for health care services to people with a low income, including elderly or disabled persons who qualify. Medicaid pays for long term nursing facility care, some limited home health services, and may pay for some assisted living services, depending on the state. Medicaid- Certified Bed A nursing facility bed in a building or part of a building which has been determined to meet federal standards for serving Medicaid recipients. Medicare The federal program providing primarily skilled medical care and medical insurance for people aged 65 and older, some disabled persons and those with end -stage renal disease. Medicare Part A Hospital insurance that helps pay for inpatient hospital care, limited skilled nursing care, hospice care, and some home health care. Most people get Medicare Part A automatically when they turn 65. Medicare Part B Medical insurance that helps pay for doctors' services, outpatient hospital care, and some other medical services that Part A does not cover (like some home heatth care). Part B helps pay for these covered services and supplies when they are medically necessary. A monthly premium must be paid to receive Part B. Medicare Certified Bed A nursing facility bed in a bui,d•ng o part of a build ng, wh has beer: determined :o r»eei federa, sta.ldards for serviig Medicare patients requiring skilled -ursine ca Medicare Supplemental Insurance This is private irsura ice (after. callers Medigap, tlar pays Medicare's deductibles and co insurances, ard may cover services nor covered by Medicare. Most Medigap plans will heir.+ pa; 'o. skilled ,iursiing care, but only when that .rare is covered by Medicare. Medigap Insurance A term commonly used to describe Medicare supplemental insurance policies available from various companies. Medigap is pnvare insurance that may be pu.cl ased by Medicare•e,igible individuals to heap pay the cieduc.ibles and co- payments requ'red eider Medicare. Medigap policies generally do not pay ror se v.ces no'. covered by Medicare. Back to top N Nursing Facility (NF) Nursing facilities are licensed to provide custodial care, rehabilitative care. such as piysicat, occupattona, or speech therapy or specia,zed care for Alzheimer's patients. Additionally, nursing facilities offer residents planned social, recreational and spiritua. activities. Nursing Home A facility licensed with an organ "zed professiona, staff and inpatient beds and that provides continuous nursing and other health *elated, psychosocial, and personal services to patients who are not in an acute phase of illness, but who primarily require continued care on an inpatient basis. Nurse, Licensed Practical (LPN) A graduate of a state approved practical nursing education program, who has passed a state examination and been licensed to provide nursing and personal care under the supervision of a registered nurse or physician. An LPN administers medications and treatments and acts as a charge nurse in nursing facilities. Nurse, Registered (RN) Nurses who have graduated from a formal program of nursing education (two -year associate degree, three -year hospital diploma, or four-year baccalaureate) and passed a state administered exam. RNs have completed more formal training than licensed practical nurses and have a wide scope of responsibility including all aspects of nursing care. Back to top 0 Occupational Therapist Occupational therapists evaluate, treat, and consult with individuals whose abilities to cope with the tasks of everyday Living are threatened or impaired by physical illness or injury, psychosocial disability, or developmental deficits. Occupational therapists work in hospitals, rehabilitation agencies, long-term-care facilities, and other health-care organizations. Ombudsman The Ombudsman Program is a public /government /community supported program that advocates for the rights of all residents in 24 -hour long -term care facilities. Volunteers visit local facilities weekly, monitor conditions of care and try to resolve problems involving meals, finances, medication, therapy, placements and communication with the staff. Back to top P Private Pay Patients Patients who pay for their own care or whose care is paid for by their family or another private third party, such as an insurance company. The term is used to distinguish patients from those whose care is paid for by governmental programs (Medicaid, Medicare, and Veterans Administration). Physical Therapy C.,n.Gr..r nm.,irinri 1,., rs....-,,il•, t ••,..,.,f nh.er ,I ■h..r,...rtr nrrinr L n Ir? r 9 Li D 0 El [1 Q Jt Y ra N•IU'..0 uy arlct ufly L. ul,ltu ut.0 pa ,y 30.4% L. IC. Op a \a 411 01 ut w ,t-•. ,t n. r1 L„ restore maximum function, and preve it. disability or injury. Pre- Admission Screening An assessmeit of a persons functional, social, medical, and nursing needs, to determine if the persor s:rould be admitted to nurs facility or other community -based are services available to eligible Medicaid recipients. Screenings are conducted by trained preadm scion screening teams. Pressure Ulcers A breakdowi of the skin, to which alder, bed ridden persons are esperia,ly susceptible, Alsip referred to as pressure sores or decubitis ulcers. For bed ridden persons preventior •ncludes turning every two hours. Private pay patients Patients who pay for thei. ow. ri care or whose care is paid for :Ty tier family o• anotner private third party, such as an insurance company. The term is used to riistingu s- pa_ients froEi those whose care :s paid for by governmental programs lMedica'd, Mec:•:.ale and veterans Administration). Prospective Payment System (PPS) The federal Medicare program bases its per day payment rates tc skilles curs rig facilities ISNFs. on this payment system, that was mandated by tle Ba.ancec` Bscget Act of 1997. The •ales are adjusted according to the patients' conditions and needs and geograpatc variatior• 11 wages. The purpose of the system is to account for the costs of essenr. ial services to patients. ;'S E a'.so Resource Utilization Groups) Back to top R RED Rate Effective Date. Resident A person Living in a long -term care facility. Since nursing facilities are licensed health care facilities, residents are often also referred to as patients. Resident Assistant (RA) RAs generally work in assisted Living residences and provide direct personal care services to residents, but they are not certified CHAS. Depending on the state, this position is also available in some nursing facilities. Resident Care Plan A written plan of care for nursing facility residents, developed by an interdisciplinary team which specifies measurable objectives and timetables for services to be provided to meet a resident's medical, nursing, mental and psychosociat needs. Residential Care Facility Group living arrangements that are designed to meet the needs of people who cannot live independently, but do not require nursing facility services. These homes offer a wider range of services than independent living options. Most provide help with some of the activities of daily Living. In some cases, private long -term care insurance and medical assistance programs will help pay for this type of service. Resource Utilization Groups (RUGs) These 44 categories make up the patient classification system used by the Medicare program to adjust its payment rates to skilled nursing facilities. (SEE also Prospective Payment System) RUG III Resource Utilization Group, version three. Categories in which residents are placed in order to determine the care related costs. Respite Care Scheduled short -term nursing facility care provided on a temporary basis to an individual who needs this level of care but who is normally cared for in the community. The goal of scheduled short -term care is to provide relief for the caregivers while providing nursing facility care for the individual. Short -term stay beds used for respite care must be distinct from general nursing facility beds. E y L Li fl t F R 4 1 rt L 0 0 0 u C C INDIANA HEALTH CARE ASSOCIATION One Hortl: Capitol. Suite 100 Indianapolis. IN 46204 Phone: 800.466 IHCA Fax: 877.2987749 Y z ua4.R 4.41 4uy s Senior Housing Independent Living u-iits, ger.erasfy apartments. Any si ppartive services, if needed, are through contrac' arrangemer between tenant and service provider. Skilled Nursing Care Nursing and rehabilitative care that can be performed only by, o° under the supervision of, licensed and skitter mediLa, personne,. Skilled Nursing Facility (SNF) Provides 24 -hour nursi :ig care fo- chronically -ill or short term rehabilitative res'denrs of al, ages. Speech Therapy This type of service he,ps individuals overcome communication conditions such as aphasia, swallowing difficulties and voice disorders. Medicare may cover some of the costs of speech therapy after client meets certain requirements Sub -Acute Care A level of care des for the individua, w•ia has ha.' an acute event as a resut. of ar illness, and is in need of skilled nursing or rehabilitation but does not need the intensive diagnostic or invasive procedu -es of a hospital. Sub -Acute Care Facilities Specialized units often ir a distinct part o` a nr.;sirg facility. Provide intensive rehabilitation, complex wound care, and post surgical recovery for persons of a,t ages who no Longer need tie Level of care found ir. a Fospita,. Survey A detai,ed, Lrannounced inspection of each licensed nursing home conducted at least once a year by the .ndiara State Department of Health. Back to top T U Ventilator A ventilator, a:so known as a respirator, is a machine that pushes air into the lungs through a tube placed i:i the trachea (breathing tube). Ventilators are used when a person cannot breathe on his or her own or cannot breathe effectively enough to provide adequate oxygen to the cells of the body or rid the body of carbon dioxide. Back to top w X Back to lap Indiana Center for Assisted Living Indiana Health Care Solutions Indiana Health Care Policy Institute Membership Webinars a Training Consumer information Careers Education Contact us Health Topics A -Z 'this Srusnrt" 1 iv 1 n (wow I loma), Farltli atltl Semi iiIII Top 5 To 'fry Indiana Certified Nurses Aide Regulati es Indiana Nursing State Poarrl Rules and Regulnlions Indiana ■trrsrng Horne Atha nislrators Regulations Education Needed to Become an RN in Indiana How Does Indiana Regulate the Construction of New Skilled Nursing Facilities? Ads .ry Googie ,.ung Tun] tire !MI ralire Compare Save with Free Quotes by the Best Providers in Your Area. www.FreeLTCQuotes.com Loral Nut:Sing .Iculles Free assistance finding the right skilled nursing facility! www.APl aceforMom.comlh Pell Grants For Moms You May Qualify For Grants To Earn Your Degree Online. Start Today! www. C I asses andCareers c NI-IA Exam Review COU rsc Nursing home administrator Federal exam review course 97% pass rate) www.examprofessional.con (;el CF13, Not% `i8,0() Healthy Living Fitness and Nutrition uuk. Eta% Fe." About Nursing -4 o'nf'. 2Cf;l rl ilio11 -'1 :url Nursir.i; lQ;! t. '+t'y Indiana Nursing Home Regulations The Indiana State Department of Hea 11 (ISDN) gives the responsibility for enforcing Indiana nursing home regulations to the Division of Long Term Care. Indiana has a wide variety of laws covering issues related to the initial licensing process and the renewal after an investigation. For consumers.. making a decision to put a love one into a nursing care facility requires making a Iota' assessment of the quality of the nursing home to ensure the best care for the family member. Understanding the applicable laws can help in the evaluation process. indiei a nurse) Point reiiutaholts provide guidelr¢s for facility sdni nieliatattl and protect patients. Licensing Nursing homes, which are also called Comprehensive Care Facilities, must comply with specific guidelines to receive and maintain their license to operate. For example, a nursing home has to pass inspections as mandated by the health facilities council, including fire and safety and sanitation standards. The regulations require the facility to pass periodic inspections to remain licensed. An inspection must occur unannounced; and the investigator must file a written report and a send copy to the health care facility. In addition, nursing home taws cover the education and credential requirements for administrators and certain employees The admission procedures and the rights of the people admitted to these facilities also have regulatory guidelines facility administrators must adhere to for compliance. Administrator Requirements Indiana laws mandate nursing home administrators to possess at least a bachelor's degree. An associate's degree from a long -term health care administration or an equivalent subjects matter will suffice. Individuals may also complete specialized programs, centered on long- term care administration Administrators must pass nationa and state examinations and complete 40 hours of continuing education courses every two years. Admission Rules The regulation requires nursing homes to inform all patients of their rights in a language the patient understands, whether written or verbal communication. The facility must also make clear its rules and policies concerning transfers and discharge. The patient is entitled to examine and understand agreements or other documents before executing The law protects the rights of individuals to apply for Medicaid or Medicare to pay the cost of the facility and the nursing home must provide assistance in making the application Furthermore, the nursing home may not request a security deposit from recipients of Medicare or Medicaid In addition, the facility cannot force a co- signer to ensure they receive payment The nursing home Family Food Health Horne Money Style More Pr r!t F:ni. Shire Related Ads Indiana Regulations Health tt Safety f,aw Nursing Home l.uws 1ndianit Medicaid Lotus Marine Safety Ite:; ulations Related Articles Videos Indian: Certified Nurses Aicle Regulations 11 t :aria Nursing State Board Rules and Regulations ILdiaria Nursing Home I\t.lninistlotors Regulations htlticutlnl0 Needed to Become an R\ in Indiana NAB Approved for LTC A!. CCRC. Personal Care Horne Adm. staff www.Ceus- R- Ez.com can however, require a legal guardian or family member to guarantee the payment of expenses from income or other resources Residents' Rights Indiana laws states that residents have a right to respect and dignity regarding their independence and personal preferences Nursing homes must treat all residents fa r}y and without discrimination Residents have a right to expect quality health care services A legal representative or family member may make decisions on the part of residents who do not have the capacity to act on their own behalf i 1idicat•e I ejlt11 .'tarts Medicare- Anlhem.cam/MedicarePlans Know Options Get the Right Plan Gel Medicare Advice from Anthem® LPN it RN Online Programs www.CollegeNetwork.com/LPN2RN RN/ADN Degree Online. 12 -18 mo NLN accredited schoo No Wait List 2..i 0 1,0ngTer171 G tit.e www.11cfp.bizllong- term care -guide Learn which is best for you public or private long term care insurance Sult'll Regulations www safetyservicescompany com Stay Informed Educate Your Team With Safety Services Company! A.s b, Google References Indiana: Long Term CarelNursing Homes Indiana Depart of Health. Nursing Home Res dent R ghts Indiana Legislature Licensure of Health Facilities NAB Nursing Horne Administrators Licensure Requireme.•ts Photo Credit: nursing duties image by Pix by Mark from Fotol a com, Abotit eHow How to by Topic How to Videos Others Also Viewed holes Regulations 1 ursirt I nine's Medicare Laws Nursing, 1. nines Types of Abtisr 111 I Rune Ilehressiun in the Eltieriy 11. Ar.rs'n1, 11nuiu Information on I'!rt,ix:: -un 11 Nursing I loin Sltcmap Copy' q if r 1999 -2011 Demand Media, Inc U, of this web site constitutes acceptance of the °How Torres of Use and Puvacy Policy US llos I)otr. Indiana Ecg,ttls.itt' the i:onstruction ol'New Skilled Nursing Facilities? What Is a Nursing Agency? License() Practical Nurse Jobs About Nursing limes What is t1 Nurse Manager? What Are the I)ifft :rent Fields in Nursing? Mora ir 1 1 1 1 1 1 1 1 5 Check the squares indicating name of documents attached to Application. All documents are required except where inapplicable. 1 1 1 1 1 1 1 1 1 1 1 Owner 2 Authorized Agent 3 Name of Facility or Project 4 Name of Engineer /Architect INSTRUCTIONS FOR COMPLETION OF CONSTRUCTION PERMIT FOR LONG -TERM CARE FACILITIES Name and address of person, company firm, municipality authority, etc Name, title, address and phone number of person who is designated lo act for owner and who is familiar with the project and can furnish additional information as required State its name location and nearest possible address. Name, title, company, address and phone number of engineer or architect registered in the State of Indiana who certified and sealed the construction plans and specifications A. Specify the type of water supply serving the subject facility, and whether new or existing. B Plot plan or plans to scale showing property lines, structures, roads, and site utilities. C. Specify the type of sewage disposal serving the subjecl facility, and whether new or existing. D. Plans, drawn to scale, shall be prepared, by an individual qualified under applicable laws of the State of Indiana. (See No. 4 above, if applicable). E. Specify the number of licensed beds and indicate the level of licensure below. (1) Comprehensive Care (2) Residential Care F. Fees Required by Rule 410 IAC 6- 12 -17. Health Facility $150 6. SIGNATURE An application submitted by a corporation must be signed by a principal executive officer of at least vice president level or his duly authorized representative, if such a representative is responsible for the overall operation at the facility from which the construction described in the form will originate. In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor, respectively. 1. OWNER 5. The Following Documents are Attached: (CHECK WHERE APPLICABLE) A. Water Supply: Public Existing Private New B. Plot Plan with Site Utilities: C. Sewage Disposal: Public Existing Name Address Phone No Private New 2. OWNER'S DESIGNATED AGENT Name D. Plans and Specifications certified by Architect or Engineer: E, Number of Licensed Beds Title Address (1) Comprehensive Care (2) Residential Care F. Fees Required by 410 IAC 6- 12 -17. (see other side) Phone No. 3. FACILITY (TYPE OF PROJECT) 6. SIGNATURE Application is hereby made for a Permit to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and to the best of my knowledge and belief such information is true, complete, and accurate. Name Address City County Zip Printed Name of Person Signing 4. ENGINEER/ARCHITECT Name Title Address Signature of Owner or Designated Agent Phone No. Date Application Signed (month, day, year) License APPLICATION FOR CONSTRUCTION PERMIT FOR LONG -TERM CARE FACILITIES State Form 49453 (R2 18 06) INDIANA STATE DEPARTMENT OF HEALTH SANITARY ENGINEERING Approved by State Board of Accounts, 2006 INSTRUCTIONS 1. Send check or money order along with plans to: Indiana State Department of Health Attention. Cashier's Office P O Box 7236 Indianapolis, IN 46207 -7236 2, Direct questions to 317233.7177 DATE RECEIVED RECEIPT NUMBER PROJECT NUMBER FAXED COPIES OF APPLICATIONS WILL NOT BE ACCEPTED 1 1 1 1 1 1 1 0 u 0 0 u 9 1. Owner 2. Authorized Agent 3. Name of Facility or Project 4. Name of Engineer /Architect INSTRUCTIONS FOR COMPLETION OF CONSTRUCTION PERMIT FOR LONG -TERM CARE FACILITIES 5. Check the squares indicating name documents attached to Application. All documents are required except where inapplicable. Name and address of person, company, firm, municipality, authority, etc., Name, title, address, and phone number of person who is designated to act for owner and who is familiar with the project and can furnish additional information as required. State its name, location, and nearest possible address. Name, title, company, address and phone number of engineer or architect registered in the State of Indiana who certified and sealed the construction plans and specifications. of A. Specify the type of water supply serving the subject facility, and whether new or existing. S. Plot plan or plans to scale showing property lines, structures, roads, and site utilities. C. Specify the type of sewage disposal serving the subject facility, and whether new or existing. D. Plans, drawn to scale, shall be prepared, by an individual qualified under applicable laws of the State of Indiana. (See No. 4 above, if applicable). E. Specify the number of licensed beds and indicate the level of licensure below. (1) Comprehensive Care (2) Residential Care F. Fees Required by Rule 410 IAC 6- 12 -17. Health Facility $150 6. SIGNATURE An application submitted by a corporation must be signed by a principal executive officer of at least vice president level or his duly authorized representative, if such a representative is responsible for the overall operation at the facility from which the construction described in the form will originate. In the case of a partnership or a sole proprietorship, the application must be signed by a general partner or the proprietor, respectively. Application for New Facility Residential Care Facility Enclosed are the application forms and required documentation for application for license to operate a residential care facility. For additional information on the rules and regulations regarding this action please refer to: http /www.in.f► /isclh /rei■svcs /Etc /Eawrules /inciex.hrm. An application should include the following forms and /or documentation: 1. State Form 8200, Application For License To Operate A Health Facility, to include required attachments (State Form 8200 enclosed) 2. State Form 19733, Implementing Indiana Code 1 6- 28 -2 -6 (enclosed) 3. Documentation of the applicant entity's registration with the Indiana Secretary of State 4. Internal Revenue Services (IRS) documentation: Submit a SS -4 or comparable document from the IRS that reflects direct owner's corporation, limited liability company partnership, etc name, d /b /a if applicable and EIN number. The document must be from the IRS sent to the provider not a form /document the provider completed and sent to the IRS. 5. State Form 51996, Independent Verification Of Assets And Liabilities, to include required attachments (enclosed) 6. Licensure fee; $200 for the first fifty (50) beds and $10 for each additional beds 7. State Form 4332, Bed Inventory (enclosed) 8. Facility floor plan on 8' /z" x 11" paper to show room numbers and number of beds per room; 9. A staffing plan that should include the number, educational level and personal health of employees 10. Facilities with contracts for services which require a licensed and /or certified professional should include copies of the licenses and /or certification for the individuals who will be providing the services, agreements /contracts between the applicant entities with various providers of services for residents within the facility should include: Dietician, Emergency Shelter, Emergency Water Supply, Hospital Transfer Agreement(s) (if applicable), Pharmacy Services, and Pharmacy Consultant Services (if applicable) The following is a general outline of the application process (in approximate chronological order): 1. Submit plans and specifications for new construction or an existing building to the Indiana State Department of Health, Division of Sanitary Engineering for review and approval 2. Once plans and specifications have been approved, and new construction or remodeling of an existing building is substantially complete, please submit a copy of the architect's Statement of Substantial Completion Request for Inspection, State Form 13025 (or AMA G407) to the Program Director- Provider Services, Division of Long Term Care 3. Submit the above documents in order for the Division of Long Term Care to grant authorization to occupy the facility: 4. Request for the applicable fire safety inspections (Life Safety Code, Sanitarian and /or State Fire Code) to the Program Director Provider Services, Division of Long Term Care 5. Once the applicable fire safety inspections have been conducted and released, the Division of Long Term Care will issue an Authorization to Occupy letter to the applicant (residents may be admitted upon receipt of this authorization) 6. Once these requirements are satisfied, and the facility has provided residential care to at least two (2) residents, the facility may submit a written request to the Program Director- Provider Services for the initial licensure survey 7. Upon completion of the initial licensure survey, the Division of Long Term Care will forward the survey results I f you have questions regarding the application process please contact Provider Services at 317/233 -7794 or 317/233- 7613. SECTION I TYPE OF APPLICATON Application (check appropriate item) 0 Change of Ownership (Anticipated date of Sale/Purchase/Lease) 0 New Facility 0 Other SECTION H IDENTIFYING INFORMATION A. Practice Location (facility) Plante of Facility Street Address P.O. Box: City County Zip Code +4 Telephone Number Fax Number I Facility's Cost Reporting Year From immtddi: To (mmldd): B. Licensee /Ownership Information Licensee (Operator(s) of the facility) The licensee and the applicant entity as described in Item IV -A of this application should be the sane. Street Address PL. Box City State Zip Cade+4 Telephone Number Fax Number I EIN Number Fiscal Year End Dale (mm!dd) C. Building Information 1. Status of building to be used (check appropriate item) 0 Proposed New Construction 0 Alteration of Existing Building 0 Existing 2. Type of Construction (materials) (if new; as ortified by architect or engineer Licensed Health Facility 0 Other registered in the state of indiana) Please Print or Type APPLICATION FOR LICENSE TO OPERATE A HEALTH FACLITY {Pursuant ro IC 16-28 and 410 L1 C 1612 State Foam 8200 (831.00) Indiana State Department of Health- Ditiiston of Lone Ierm Care DIVISION OF LONG TERM CARE Date Received Date Approved Approved by IC 16 -28 -2 Chapter 2. Licensure of Health Facilities IC 16- 28 -2 -1 License required; licensing of state institutions and municipal corporations Sec. 1. A person must obtain a license from the director before the person may operate a health facility. A state institution or municipal corporation may specifically request licensure and upon compliance with this chapter may be licensed under this chapter. As added by P,L.2 -1993. SEL' 11. IC 16- 28-2 -2 Applications Sec. 2. To obtain a license, an applicant must submit an application on the prescribed form showing that the applicant is of reputable and responsible character and able to comply with the standards for health facilities established by this chapter and rules adopted under this chapter. As added by P.L.2 -1993, SEC.11. IC 16- 28 -2 -3 Requirements for liccnsure Sec. 3. Before the director may issue a license to a health facility, the director must find that the health facility, within the care category for which license is sought, is adequate in each of the following respects: (1) The physical structure in which the service is to be performed. (2) The educational level, number, and personal health of the staff. (3) The financial ability to provide the service to be performed. (4) The equipment with which to perform the service. (5) The operating history of other health facilities owned or managed by the same person who owns or manages the facility. The director may recommend denial of licensure to a new facility or facility applying for iicensure under new ownership where the owner or manager has a record of operation of other health facilities in substantial breach of this chapter or any other law governing health facilities. As added by P.L.2 -1993, SEC.11. IC 16- 28 -2-4 Issuance of licenses; types; denial, revocation, and refusal to renew licenses Sec. 4. The director may under IC 4- 21.5 -3 -5 do one (1) of the following: (1) Issue a full license for not more than one (1) year, on finding that the applicant complies with the provisions of this article and rules adopted under this article. (2) Issue a provisional license to a new facility or to a facility under new ownership for not more than twelve (12) consecutive months lithe applicant can assure the director that the applicant will comply with this article and rules adopted under this article. A provisional license may not be continued beyond twelve (12) consecutive months. (3) Issue a probationary license to an existing facility as described in IC 16-28-3. (4) Deny, revoke, or refuse to renew the issuance of a license. As added by P.L.2 1993, SEC.II. IC 16- 28 -2 -5 Exclusive use of licenses Sec. 5. A license issued under this chapter is not assignable or transferable and may be issued only for the person and premises named in the application. As added by P,L.2 -1993, SEC.II. IC 16- 28-2 -6 Disclosure statements; affiliations; advertising Sec. 6. (a) This section does not apply to a health facility that: (1) does not require the investment of money or the payment of money or other consideration for admission; and (2) only charges daily or monthly rates for room, board, and care. (b) A health facility may be licensed or relicensed under this chapter only if a disclosure statement is filed with the director at the time of application on forms provided by the director that contains the following information: (1) Whether the health facility is affiliated with a religious, charitable, or other nonprofit organization. (2) The nature and extent of the affiliation, if any, including the extent to which the affiliated organization is responsible for the financial and contractual obligations of the health facility. (c) The health facility shall deliver a copy of the current disclosure statement on file with the director as provided by subsection (b) to each prospective resident. (d) If a health facility is affiliated with a religious, charitable, or other nonprofit organization, the health facility must include in the health facility's advertisements and solicitations a summary statement disclosing the following: (1) The affiliation between the health facility and the religious, charitable, or other nonprofit organization. (2) The extent to which the affiliated organization is responsible for the financial and contractual obligations of the health facility. (e) Ifa health facility is not affiliated with a religious, charitable, or othcr nonprofit organization but the name of the health facility or the person operating the health facility implies an affiliation, the health facility must include in all the health facility's advertisements r n n u u r� 9 and solicitations a summary statement disclosing the following: (1) That the health facility is not affiliated with a religious, charitable, or other nonprofit organization. (2) That no religious, charitable, or other nonprofit organization is responsible for the financial or contractual obligations of the health facility. (f) Whenever there is a change in the affiliation of the health facility with a religious, charitable, or other nonprofit organization, including a change in the extent, if any, to which the affiliated organization is responsible for the financial and contractual obligations of the health facility, the health facility shall amend: (1) the health facility's disclosure statement on file with the director as required by subsection (b); and (2) the summary statement included in the health facility's advertisements and solicitations as required by subsections (d) and (e); if an amendment is necessary to prevent the statement from containing any misstatement of fact or omission to state a material fact required to be stated. As added by P.L.2 -1993, SEC. I1. IC 16- 28 -2 -7 License fees Sec. 7. The fee for a license as a health facility under this chapter is two hundred dollars ($200) for the first fifty (50) beds available and ten dollars ($10) for each additional bed available. As added byP.L.2 -1993, SEC.11. An:ended byP.L.227 -2003, SEC 1. 1C 16- 28-2 -8 Notice regarding requests for names of nursing personnel or direct care staff Sec. 8. (a) Each comprehensive care health facility shall post a notice that a resident, the legal representative of the resident, or another individual designated by the resident may request from the licensed nurse in charge of each shift information that designates the names of all nursing personnel on duty by job classification for the: (1) wing; (2) unit; or (3) other area as routinely designated by the health facility; where the resident resides. (b) The notice required under subsection (a) must meet the following conditions: (1) Be posted in a conspicuous place that is readily accessible to residents and the public. (2) Be at least 24 point font size on a poster that is at least eleven (1 1) inches wide and seventeen (17) inches long. (3) Contain the: (A) business telephone number of the administrator of the health facility; and (B) toll free telephone number for filing complaints with the 9 state department. (4) State that if a resident, the legal representative of the resident, or another individual designated by the resident is unable to obtain the information described in subsection (a) from the licensed nurse in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following: (A) Contact the administrator of the health facility. (B) File a complaint with the state department by using the state department's toll free telephone number. (c) The state department may adopt rules under IC 4 -22 -2 to carry out this section. As added by P.L.108 -2000, SEC.5. IC 16- 28 -2 -9 Semiannual statistical reports Sec. 9. (a) The office of Medicaid policy and planning shall produce a statistical report semi annually for each Medicaid certified comprehensive care health facility that lists the following information: (1) The health facility's case mix index for each quarter covered by the statistical report for which the office of Medicaid policy and planning maintains data. (2) The number of total hours worked in the health facility by each classification of personnel for which the office of Medicaid policy and planning maintains data. (3) The resident census of the health facility for which the office of Medicaid policy and planning maintains data. (4) A calculation of the average case- mix adjusted hours- per resident -day ratio for each health facility by each classification of nursing personnel and the average hours- per resident -day ratio for each health facility for all other personnel by category for which the office of Medicaid policy and planning maintains data. (b) The office of Medicaid policy and planning shall provide a compilation af the statistical reports prepared under subsection (a) to the following: (1) Each Medicaid certified comprehensive care health facility. (2) The state department. (3) The state ombudsman. (4) Each area ombudsman. (5) Each area agency on aging. (c) Each Medicaid certified comprehensive care health facility shall: (1) make available in a place that is readily accessible to residents and the public a copy of the compilation of statistical reports prepared under subsection (a); and (2) post a notice that a copy of the compilation of statistical reports may be requested from the licensed nurse in charge of each shift. L i (d) The notice required under subsection (c)(2) must meet the following conditions: (1) Be posted in a conspicuous place that is readily accessible to residents and the public. (2) Be at least 24 point font size on a poster that is at least eleven (11) inches wide and seventeen (17) inches long. (3) Contain the: (A) business telephone number of the administrator of the health facility; and (B) toil free telephone number for filing complaints with the state department. (4) State that if a resident, the legal representative of the resident, or another individual designated by the resident is unable to obtain the compilation of statistical reports in subsection (a) from the licensed nurse in charge of each shift, the resident, the legal representative of the resident, or another individual designated by the resident may do any of the following: (A) Contact the administrator of the health facility. (B) File a complaint with the state department by using the state department's toll free telephone number. (e) The state department may adopt rules under IC 4 -22 -2 to carry out this section. As added by P.L.108 -2000, SEC.b. IC 16- 28 -2 -10 Third party billing notice Sec. 10. A health facility that provides to a patient notice concerning a third party billing for a service provided to the patient shall ensure that the notice: (1) conspicuously states that the notice is not a bill; (2) does not include a tear -off portion; and (3) is not accompanied by a return mailing envelope. As added by P.L.178 -2003, SEC.7. Back to Health Care Regulatory Services LTC Facility Directory for HAMILTON county Created on: 12/16/2010 Posted to the Web on: 12/29/2010 ALLISONVILLE MEADOWS LLC d /b /a ALLISONVILLE MEADOWS LLC 10312 ALLISONVILLE ROAD FISHERS, IN 46038 Administrator: ERIC WIEDEMAN Tel: (317)841 -8777 Fax: (317)841 -7776 Bed Capacity: 171 0 SNF, 0 NF, 0 SNF /NF, 171 NCC, 0 RES Consumer Report CARMEL HEALTH LIVING COMMUNITY LLC d /b /a CARMEL HEALTH AND LIVING COMMUNITY LLC 118 MEDICAL DRIVE CARMEL, IN 46032 Administrator: ROBERT BURNS Tel: (317)844 -4211 Fax: (317)846 -0163 Bed Capacity: 188 66 SNF, 0 NF, 122 SNF /NF, 0 NCC, 0 RES Consumer Report CLARE BRIDGE OF CARMEL, LLC d /b /a CLARE BRIDGE OF CARMEL, LLC 301 EXECUTIVE DRIVE CARMEL, IN 46032 Administrator: MAX JONES Tel: (317)282 -0746 Fax: (317)843 -9790 Bed Capacity: 100 0 SNF, 0 NF, 0 SNF /NF, 14 NCC, 86 RES Consumer Report CROWNPOINTE COMMUNITIES LLC d /b /a CROWNPOINTE OF CARMEL 11610 TECHNOLOGY DRIVE CARMEL, IN 46032 Administrator: CINDI COOPER Tel: (317)818 -1786 Fax: (317)818 -1796 Bed Capacity: 54 0 SNF, 0 NF, 0 SNF /NF, 0 NCC, 54 RES HARBOUR MANOR HEALTH LIVING COMMUNITY LLC d /b /a HARBOUR MANOR HEALTH LIVING COMMUNITY, LLC 1667 SHERIDAN ROAD NOBLESVILLE, IN 46060 Administrator: EDNA DOMINGO Tel: (317)773 -9205 Fax: (317)776 -5950 Bed Capacity: 191 0 SNF, 0 NF, 95 SNF /NF, 0 NCC, 96 RES Consumer Report CSL WINDERMERE LLC d /b /a HEARTH AT WINDERMERE 9745 OLYMPIA DRIVE FISHERS, IN 46038 Administrator: MAY EHRESMAN Tel: (317)576 -1925 Fax: (317)578 -1742 Bed Capacity: 150 0 SNF, 0 NF, 0 SNF /NF, 0 NCC, 150 RES MANOR CARE SUMMER TRACE OF CARMEL IN LLC d /b /a MANOR CARE HEALTH SERVICES SUMMER TRACE 12999 N PENNSYLVANIA STREET CARMEL, IN 46032 Administrator: ZACHARY KRUMWIED Tel: (317)848 -2448 Fax: (317)848 -1535 Bed Capacity: 194 80 SNF, 0 NF, 24 SNF /NF, 0 NCC, 90 RES Consumer Report HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY d /b /a MAPLE PARK VILLAGE 776 N UNION ST WESTFIELD, IN 46074 Administrator: JASON BUCK Tel: (317)896 -2515 Fax: (317)867 -0961 Bed Capacity: 112 16 SNF, 0 NF, 96 SNF /NF, 0 NCC, 0 RES Consumer Report GIBAULT CARE, INC. d /b /a MCGIVNEY HEALTH CARE CENTER 2907 EAST 136TH STREET CARMEL, IN 46033 Administrator: FRAN JENKINS Tel: (317)846 -0265 Fax: (317)846 -3944 Bed Capacity: 37 0 SNF, 37 NF, 0 SNF /NF, 0 NCC, 0 RES Consumer Report TRILOGY HEALTHCARE OF HAMILTON II LLC d /b /a PRAIRIE LAKES HEALTH CAMPUS 9730 PRAIRIE LAKES BOULEVARD EAST NOBLESVILLE, IN 46060 Administrator: PHILIP HEER Tel: (317)770 -3644 Fax: (502)412 -0407 Bed Capacity: 130 61 SNF, 0 NF, 0 SNF /NF, 0 NCC, 69 RES Consumer Report RIVERVIEW HOSPITAL d /b /a RIVERVIEW TCU 395 WESTFIELD RD NOBLESVILLE, IN 46060 Administrator: DAVID WOODS Tel: (317)770 -2870 Fax: (317)770 -2876 Bed Capacity: 25 25 SNF, 0 NF, 0 SNF /NF, 0 NCC, 0 RES Consumer Report RESIDENTIAL CARE VII, LLC d /b /a RIVERWALK COMMONS 7235 RIVERWALK WAY NORTH NOBLESVILLE, IN 46062 Administrator: JENNIFER GELLINGER Tel: (317)770 -0011 Fax: (317)774 -8589 Bed Capacity: 105 0 SNF, 0 NF, 0 SNF /NF, 0 NCC, 105 RES HEALTH AND HOSPITAL CORPORATION OF MARION COUNTY d /b /a RIVERWALK VILLAGE 295 WESTFIELD ROAD NOBLESVILLE, IN 46060 Administrator: DAVID BENSON Tel: (317)773 -3760 Fax: (317)770 -2295 Bed Capacity: 169 0 SNF, 0 NF, 169 SNF /NF, 0 NCC, 0 RES Consumer Report AMERICAN EAGLE SANDERS GLEN LLC d /b /a SANDERS GLEN 334 SOUTH CHERRY STREET WESTFIELD, IN 46074 Administrator: SUZANNE HAMAKER Tel: (317)867 -0212 Fax: (317)896 -9263 Bed Capacity: 143 0 SNF, 0 NF, 0 SNF /NF, 0 NCC, 143 RES SHERIDAN INDIANA HEALTHCARE LLC d /b /a SHERIDAN REHABILITATION AND HEALTHCARE CENTER 803 S HAMILTON STREET SHERIDAN, IN 46069 Administrator: ARLICE HARRIS Tel: (317)758 -4426 Fax: (317)758 -9270 Bed Capacity: 80 0 SNF, 0 NF, 80 SNF /NF, 0 NCC, 0 RES Consumer Report STRATFORD RETIREMENT LLC d /b /a STRATFORD RETIREMENT LLC 2460 GLEBE ST CARMEL, IN 46032 Administrator: BEVERLY HARRIS Tel: (317)733 -9560 Fax: (317)733 -4421 Bed Capacity: 51 0 SNF, 0 NF, 0 SNF /NF, 0 NCC, 51 RES METSUN TWO CARMEL IN SENIOR LIVING LLC d /b /a SUNRISE ON OLD MERIDIAN 12130 OLD MERIDAN ST CARMEL, IN 46032 Administrator: CHANDRA STRADLING Tel: (317)569 -0100 Fax: (317)569 -0500 Bed Capacity: 149 0 SNF, 0 NF, 0 SNF /NF, 0 NCC, 149 RES Back to Health Care Regulatory Services Home Title 42-- Public Health CHAPTER IV-- HEALTH CAREFINANCING ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 483 REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES I El 483.1 Basis and scope. ri in 483.5 Definitions. El 483.10 Resident rights. 7 1 T1 483.12 Admission, transfer and discharge rights. M 01 483.13 Resident behavior and facility practices. 'n IJ 483.15 Quality of life. 483.20 Resident assessment. TI 483.25 Quality of care. El 01 483.30 Nursing services. 51 483.35 Dietary services. I in 483.40 Physician services. l in El 483.45 Specialized rehabilitative services. 1 483.55 Dental services. T I 483.60 Pharmacy services. 483.65 Infection control. r i 483.70 Physical environment. El 483.75 Administration. TI 483.100 Basis. vn 483.102 Applicability and definitions. J j 483.104 State plan requirement. 1 483.106 Basic rule. CI T1 483.108 Relationship of PASARR to other Medicaid processes. I€J 483.110 Out -of -State arrangements. 483.112 Preadmission screening of applicants for admission to NFs. 483.114 Annual review of NF residents. In In 483.116 Residents and applicants determined to require NF level of services. M 483.118 Residents and applicants determined not to require NF level of services. 483.120 Specialized services. El El !__I El 483.122 FFP for NF services. 483.124 FFP for specialized services. 'l in 483.126 Appropriate placement. trl 483.128 PASARR evaluation criteria. In T1 483.130 PASARR determination criteria. ri El 483.132 Evaluating the need for NF services and NF level of care (PASARR/NF). 71 483.134 Evaluating whether an individual with mental illness requires specialized services (PASARR/MI). f 483.136 Evaluating whether an individual with mental retardation requires specialized services (PASARR/MR). tn 483.138 Maintenance of services and availability of FFP. rn 483.150 Statutory basis; Deemed meeting or waiver of requirements. n i El 483.151 State review and approval of nurse aide training and competency evaluation programs and competency evaluation programs. 483.152 Requirements for approval of a nurse aide training and competency evaluation program. r 483.154 Nurse aide competency evaluation. ri El 483.156 Registry of nurse aides. M El 483.158 FFP for nurse aide training and competency evaluation. I II Statutory basis. Ul 483.202 Definitions. rn 483.204 Provision of a hearing and appeal system. 'LJ r 483.206 Transfers, discharges and relocations subject to appeal. LJ in 483.315 Specification of resident assessment instrument. rn in 483.400 Basis and purpose. M 483.405 Relationship to other HHS regulations. tf j 483.410 Condition of participation: Governing body and management. i 483.420 Condition of participation: Client protections. rn 483.430 Condition of participation: Facility staffing. 483.440 Condition of participation: Active treatment services. 483.450 Condition of participation: Client behavior and facility practices. r i 71 483.460 Condition of participation: Health care services. n 483.470 Condition of participation: Physical environment. tr i 483.480 Condition of participation: Dietetic services. 1 CC LU LiJ V 1 CC W CC Z 1141 0 0 L) rrr; rt� .=17 trr f fff' '51 .,,f k ro LL 1 r ar'aa.+y' .c k.) 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N .b.- o e— W c c cu f o i ro a., to C 44 V V 0 y 'O ra 0 O D A *'J rb u M '3 L. .a 4 E o 0. 0 0 r V v 4.) c a 14 C c v e a F. C ...-2 c I— c a t E 2 6 :It-' c o c N 0 E w vim" ro N V V L N 11/ W a) L '0 L 4 'n S IC 6 N a O co C o i d a 0 3 a re or 0 c C a o c E c c v s o L. a, IC CP 3 c a, a, O C o M en Cf O O tv a VI t O b M w 7 514 c C. v C s M CU 3 C O vs W r^ O V 0 W° O 1 0 C w 10 V L a,•, 4- H a a= c u a o wl'0 au W 3�' a� Y c p 7 O c c vi ry ro n O cu o r 0 m W L vD L aJ C 0 0 +n 4... a .i to C 'C3 `O V c w tv g O .l' C -0 it?) N .1% u s c C or IA C 3: ..5 a a, ,A Ovi E :c a, .,r IA C C u aJ 44 10 ro rb C a^ C 0 M L 0 f L in C '0 N c CO °J -o w ro a? w IA V 130 3" o c a, a 2 aJ o nA cu O O O i 0 C 0 L. 0 'O aJ aJ ry (a L M C IA r ,r I— ry 1 VA vl The Kensington Place homeowners strongly believe that the proposed Woodland Terrace project violates several sections of the City of Carmel Zoning Ordinance. FIRST, section 23B.00.01 titled: Purpose, Intent and Authority says "The purpose of the US Highway 31 Overlay Zone is to promote and protect the public health, safety, comfort, convenience and general welfare by providing for consistent and coordinated treatment of the properties bordering US Highway 31. With regard to public health and safety. The addition of over 200 occupants, visitors and staff will create a burden to the already overburdened traffic at the intersection of Smokey Row Rd. and Old Meridian street, especially during rush hour periods. o Research shows that the stopping distance for an average vehicle driver going 30 MPH is 109 feet. Thus it would be nearly impossible for a driver traveling east on Smokey Row Rd. from the Old Meridian intersection to stop in time to avoid a vehicle pulling out of the Service Road being proposed by Woodland Terrace. The added apartment population, along with the presence of outside service providers compromises the security of the Kensington Place homes. On April 1, 2011 we made a written document request for "auto accident statistics (2008 most current info) for the Smokey Row Rd. Old Meridian St. intersection. To date the only response has been on April 11`' indicating that our request is being reviewed. This response is attached. o Regardless of the statistics, we believe there will be a significant increase in accidents at this intersection, as well as at the entrance points into the Woodland Terrace development With regard to Comfort, Convenience and General Welfare: With 185 apartments adjacent to Kensington Place there will be significant additional noise from air conditioners, automobiles and service trucks. The garbage created from the additional apartment population will require several garbage bins that raise concerns over odor and noise. SECOND, Section 24.02.A.3 of the Zoning Ordinance requires the DP to provide a plan for "Management of traffic in a manner that creates conditions favorable to health, safety, convenience and harmonious development of the community such that: The design and location of proposed street and highway access points minimize safety hazards and congestion; The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development; and The entrances, streets and internal traffic facilities in the Development Plan are compatible with existing and planned streets and adjacent developments. To our knowledge, such a plan has not been made available for review. THIRD, Section 24.02.B.3a of the Zoning Ordinance requires the DP to perform a Traffic Study. Specifically, the traffic study will "include a comparative analysis of Page 1 of 2 present volumes on streets bordering the development or with a direct bearing on the development versus potential capacity volumes of those streets. Consideration should be made of the effect of the proposed development and the traffic it would engender, particularly at peak periods. A Circulation Plan should be included for all existing and proposed streets, both public and private, which will show recommendations for controlling, signalizing, channelizing, parking, storing and warning both pedestrian and vehicular traffic. To our knowledge, a traffic study meeting these requirements has not been performed. FOURTH, Section 23B.14 addresses Bicycle and Pedestrian Access. Specifically, "The DP shall include specific provisions for incorporating pedestrian and bicycle access, circulation and amenities into the development. Such bicycle and pedestrian access considerations shall include linking pedestrian and bicycle facilities to adjacent development, the overall U.S. 31 Corridor, and, the Carmel community's overall system of bicycle and pedestrian trails and routes. To our knowledge, the current DP does not meet these requirements. Thank you for your consideration and attention to our concerns over the Woodland Terrace project and how it will impact the Kensington Place neighborhood. Page 2 of 2 JAMES BRAINARD, MAYOR VIA E -MAIL TRANSMISSION ONLY TO sshelllAmsn.com April 11, 2011 Susan Shellabarger Dear Ms. Shellabarger. I represent the City of Carmel, Indiana. This letter acknowledges receipt of your referenced correspondence. It also serves as the City's initial response to your following document request. Request: "auto accident statistics (2005 most current info) forte Smokey Row Rd Old Meridian St. intersection." Response: Please address all correspondence regarding your request directly to me. /eb CITY OF CARMEL RE: Your Written Document Request Dated April 1, 2011 Your request will be timely reviewed in conformance with Indiana law. I will then advise you under separate cover as to whether your request is granted in whole or in part, and of the City's basis for any portion of your request that is denied. The City reserves all of its rights under law and in equity as regards this document request and the City's production of documents thereunder. Very truly yours, /Val 1-ff/ C. Douglas C. Haney Carmel City Attorney OFFICF OF TFIE CITY ATTORNEY Dot ct.AS C. HANFY, ESQ. ---renifriilfe,lirEtivietalrirtkINIVON 46032 PHONE 317 5'1 -2472 FAX 317 571 -2484 EMAIL: dhaney @carme!.in.gov G nViron ryeN�� SSCI�S INTRODUCTION: WILDLIFE: QUALITY OF LIFE (QOL): QOL is defined by each person by their interests and priorities. QOL is important in Carmel as a selling point. Carmel's website has over 59 references to QOL. Man, like all animals, has habitat needs to survive. Food, Water, Cover and a Place to raise young. Kensington Place Critters (including us) just love where we live, but our QOL is being threatened because man's "Progress" is squeezing us out! WATER MANAGEMENT: Dox 1 of 2 WOODLAND TERRACE COMMENTS Gary Doxtater April 19, 2011 Gary Doxtater, 13559 Kensington Place, Carmel, IN Retired DNR Director of the Division of Fish and Wildlife Moved to Carmel in 1994 into Kensington Place because we liked the "Quality of Life" offered by Kensington Place. Wildlife is very important to all of us living in Kensington Place. We have bird feeders, garden ponds with fish, nesting boxes, and shrubbery for our wildlife. In 2005, Kensington Place was recognized as the first Certified Wildlife Friendly Neighborhood in Indiana by the Indiana Wildlife Federation. Every one of our townhomes has been certified. You may recall that Carmel -Clay parks received a similar recognition last year as the first parks in Indiana to receive this Certification, including Meadowlark Park —our big back yard. The proposed construction, without doubt, will impact the quality of our habitat and soon, when you drive past the "deer crossing" sign at the ProMed entrance, you will say where did the deer go? Should we take down those signs? The general site area has a very complex physical characteristic. These considerations must be studied and evaluated so as to determine the impact of the proposed facility. What specific site data has been collected on the geology, soils and ground water hydrology? This type of information is necessary to show what impact the proposed facility will have on the local groundwater and surface water on any adjacent properties, including ProMed, Kensington Place and Meadowlark Office Park. The present plans include the use of both pervious and impervious hard surfaces. How will the surface stormwater and groundwater be managed, and what will be the impact on adjacent properties? The proposed property development, Meadowlark Park, Meadowlark Office Park and Kensington Place all have had flooding problems for many years. The watershed has continued to be affected TREES: with the additions of ProMed and Meadowlark Office Park. The Carmel Engineering Department and Carmel -Clay Parks Department are well aware of these problems. The drainage design for this proposed facility must be carefully integrated to protect this whole watershed. A leaflet printed by the Carmel Urban Forestry Committee titled "A Forest in Your Backyard" states "a natural area is an important public resource that enhances the quality of life and the general welfare of the City." Some of the benefits that trees provide are: Improve air quality Reduce noise Reduce topsoil erosion Provide habitat for wildlife Reduce stormwater runoff and replenish groundwater Reduce pollutants in stormwater Protect and increase property values Cost benefits for Carmel trees are available from the City Forester. SITE ISSUES AND QUESTIONS: GENERAL QUESTIONS: What is the purpose of the basement and how will it affect the hydrology? Where will the construction entrance be located? What will this area be used for upon completion? Will a Stormwater or Rule 5 permit be required? If required, we would like to review these documents. Submitted by, 9449 Gary D. Doxtater Dox 2 of 2 The proposed 7.1 -acre site is completely forested and has an existing Tree Preservation Area (TPA) of about one acre, which was established by the Carmel Plan Commission prior to this application. One major concern is how can this much construction, so close to a TPA, be done without severe damage to the existing TPA trees? How many acres have been preserved in the existing TPA? How many acres are proposed as a new TPA? How many acres of trees on the existing site will be destroyed? In regard to the existing TPA, what distance of non disturbance will be required to protect the root zone of the adjacent TPA trees? t1 j u r� 16J GD u r (oSe On December 9, 2009 a judgment was entered against Petitioners Midwest Hospitality, inc. and Motels of Carmel, LLP, and in favor of Respondents The City of Carmel and The Carmel Plan commission in a lawsuit filed in Hamilton Superior Court. On page five (5) of the ruling, subsection 15 states: On May 30, 2008, forty -five days after orally denying Midwest Hospitality's proposal at the April 15, 2008 administrative hearing, the Plan Commission entered its written Decision on Midwest Hospitality's proposal. See Exhibit No. 187, return to Writ at 1284 -86. The document stated the following eleven findings of fact, quoted here verbatim, to support the decision to deny Midwest Hospitality's proposal: a. §23B.02.A.2.a: The proposal is not compatible with existing site features including topography and wooded areas, in that the Proposal necessitates excessive utilization of retaining walls and calls for the destruction of virtually alI of a mature woodland. b. §23B.02.A.2.c: The proposal is not compatible with the surrounding land uses, which uses have been developed without modifying the topography and woodlands so drastically. c. §23B.02.A.2.h: The Proposal does not provide for adequate vehicle and bicycle parking facilities and internal site circulation, in that the proposed bicycle path is only five feet wide, and the parking facilities would accommodate only 155 vehicles when the Ordinance requires 169 to be accommodated. d. §23B.02.A.2.n: The Proposal is not compatible with the existing platted residential uses, in that the building setbacks with accompanying landscape plans are not sufficient to safeguard the privacy and quiet enjoyment of the neighboring residents. e. §23.B.08: The Proposal does not orient the new building with its longest axis parallel to the adjoining street as required to create a sense of enclosure along the street, nor does the Proposal locate all parking to the rear or the side of the building as necessary to accomplish this purpose. f. §23B.09.B [sic] The Proposal does not use only permitted materials for the building exteriors, in that an uncertain percentage of EIFS (Exterior Insulation Finishing System) is utilized as an exterior finish. g. §23B.09.E(2): The Applicant's presentation of the Proposal did not include all required architectural exhibits, in that no perspective color renderings showing the proposed building from locations along U.S. 31 were provided to the Commission, and the building elevations that were provided did not show how the parking structure would be ventilated nor how openings to the parking structure would fit in with the rest of the building. h. §23B.10.02.C(1): The Proposal does not show a planting area equal to an area measuring 25 feet in depth by the width of the front of the building plus 20 feet out on both sides along the building facade that faces U.S. 31, nor does it include as an alternative an innovative and original design for the planting area as encouraged by §23B.10.C(5). 1. §23B.10.04: The Proposal does not make a reasonable effort to protect and incorporate the existing stands of trees into the overall site design, in that fewer than 70% of all trees that are nine -inch DBH or larger and located within the perimeter buffering were preserved. j. §23B.16: The proposal does not include a roof on the accessory structure for refuse storage. k. §24.02.B.3.a: The Applicant's presentation of the Proposal did not include a traffic study that provided a meaningful comparative analysis of present volumes on streets bordering the development, in that the traffic data that were provided were flawed due to the times of day studied (ignoring traffic generated by Carmel High School students at school start/close times) or dates of study (data having been compiled during Carmel High School vacation periods). WIVKILT My name is John Kerr. I reside at 13595 Kensington Place. The applicants wording reads "intended to be compliant" not shall be compliant. and "under the auspices of a CCRC" We believe that there is not a clear understanding pertaining to the use of the facility to be built. Regardless of what you call it, the Phase 1 building is definitely a Multiple Family Dwelling. The applicant admits that additional phases will be built only as market conditions dictate. The proposed application should be denied based on the facts and information presented to the Plan Commission this evening. If the proposed Docket No. 11020013 DP /ADLS and Docket No. 11030006 ZW are approved, then it is requested that the City of Carmel require as a matter of record that Justus Homes Inc. obtain all required federal and state licenses for all of the levels of proposed care prior to the undertaking of any ground breaking for the proposed construction of Woodland Terrace. If these required licenses are not obtained prior to construction, then the proposed Phase 1 building would be a Multiple Family Dwelling which is excluded under 23B.03 Appendix A US 31 Meridian Overlay Zone. Please note that the residents of Kensington Place understand and know that the land in question was designed as an office park and that it shall be built in harmony with a residential neighborhood and environment and would be constructed in accordance with B6 and Meridian 31 Overlay requirements without deviation. We would welcome members of the Plan Commission to visit the homes that abut the property in questions to see the total perspective. Thank you. Page 1