HomeMy WebLinkAboutPacket 06-21-11 Supplemental BrochureWoodland Terrace
Smokey Row Road and Pro Med Drive
Docket Nos. 11020013 DP /ADLS 11030006 ZW
DEVELOPMENT PLAN ADLS AND ZONING WAIVER
CITY OF CARMEL, INDIANA
June 21, 2011
Carmel Plan Commission
SUPPLEMENTAL BROCHURE
This Supplemental Brochure includes updated information pertaining to the application
included in the brochures submitted prior to the April and May Plan Commission meetings.
Applicant: The Justus Companies
Attorneys Nelson Frankenberger, P.C.
Attn: James E. Shinaver, Attorney
844 -0106
Attn: Jon C. Dobosiewicz
Professional Land Planner
844 -0106
6. Building and Site Details
balcony detail
mechanical screening (updated)
concept floor plan
green building checklist
1 Explanation of Request
2. Aerial Photograph Site Overlay Exhibit
3. Color Site /Landscape Plan (updated)
4. Primary Building and Garage Elevations (updated)
5. Building Perspective Renderings (updated)
7 Signage
TABLE OF CONTENTS
8. Landscaping Plan (updated)
Approval from Urban Forester with stamped plans
Tree Preservation Plan Sheet
Copy of tree preservation notes
9. Lighting Plan Photometric Chart and Fixtures
10. Engineered Development Plans (updated)
11. E -mail from DOCS regarding traffic, E -mail from Carmel Engineering highlighting
their determination that a traffic study is not required, and a supplemental report
regarding traffic generation
12. Additional explanation regarding skilled nursing level of care
13. E -mail confirmation regarding drainage from Gary Duncan, Assistant City Engineer
14. E -mail confirmation from DOCS regarding CCRC, building height, and parking
15. Findings of Fact
Justus TOC PC 062111
TAB 1
The Justus Companies appeared before the full Plan Commission on April 19 to present their
request to construct a senior living facility on a parcel of real estate located at the intersection of Smokey
Row Road and Pro Med Drive. The site is approximately 7.1 acres in size and is zoned B-6 Business
District and is within the US Highway 31 Corridor Overlay Zone. The facility will be a Continuing Care
Retirement Community (CCRC) under Cmone|`m Zoning Ordinance and the Department of Community
Services (DOCS) has confinried that the use is a permitted use per the underlying zoning classification.
The defined levels of service to be delivered within the building are Independent Living, Assisted Living
and Skilled Rehabilitation Care.
In order to allow this development, two (2) approvals have been requested from the Plan
Commission; namely, (i) approval of the development plan and architecture, design, lighting, landscaping,
and signage (DP/ADLS), and (ii) approval ofazoning waiver to allow a 40' front building setback.
On May 4`^ this matter was reviewed by the Subdivision Committee and received a favorable
recommendation back to the full Plan Commission. After the May 4 Committee meeting, the Petitioner
met with the DOCS Staff to review the Floor Area Ratio (FAR) calculations; and, as a result of this
meeting the building footprint was slightly reduced to meet the applicable FAR requirements. Another
enhancernent to the project ject occurred after the May 4tIi Cornmittee rneeting, whereby 24 additional trees will
be planted adjacent to that portion of the eastern elevation of the building that is positioned along the
western edge of the 50 foot Tree Preservation Area. These additional tree plantings include Dentatum
Viburnum and Green Giant Arborvitae and shall provide even further landscape buffering from the
proposed building and the properties to the east.
The Urban Forester has advised the Petitioner that he has reviewed and is satisfied with the
landscape plan for the project. The Department of En has also reviewed the relevant plans and
drawings and expressed to the Petitioner that Engineering is satisfied with the drainage plan and other
project details that are typically reviewed by their department. The proposal complies with the relevant and
applicable requirements of the DP/ADLS standards, the B-6 zoning classification, the US Highway 31
Corridor Overlay Zone and the Zoning Ordinance.
Included behind this Explanation is a statem setting forth compliance with the requirements and
standards of the applicable provisions of the Zoning Ordinance. The Petitioner's request for DP/ADLS
approval is fully detailed herein and included within this brochure are (i) a Color Site/Landscape Plan
(updated); (i0 Primary Building and Garage Elevations (updated); (iii) Buliding Perspective Renderings
(updated); (iv) Building and Site Details (balcony detail, mechanical screening (updated) and green
building checklist); (v) Signage Plans; (vi) Landscaping Plan (updated, Approval from Urban Forester with
stamped plans and Additional tree preservation language approved by the Urban Forester; (vii) Lighting
Plan Photometric Chart and Fixtures; (viii) Engineered Development Plans (updated); (ix) E-mail from
DOCS regarding traffic, E-mail from Carmel Engineering highlighting their determination that a traffic
study is not required and a Supplemental Report regarding traffic generation; (x) Additional explanation
regarding skilled nursing level of care; (xi) E-mail confirmation regarding drainage from Gary Duncan,
Assistant City Engineer; (xii) E-mail confirmation from DOCS regarding CCRC, building height, and
parking and (xiii) Findings of Faet.
We look forward to presenting this mater to the Plan Comrnission on June 21s
Justus EXPLANATION PC 06.08.11
EXPLANATION OF REQUEST
Respectfully
Jon C. Dobosiewicz
The Development Plan satisfies the development requirements specified in the US Highway 31
Corridor Overlay Zone of the Zoning Ordinance including Sections 23B.03 through 23B.16 as
specified below.
Development Requirements by Section:
Development Plan Requirements
23B.03 Permitted Uses: The existing zoning is B -6 Business. The proposed use, a CCRC, is a
permitted use in the B -6 District as a nursing /retirement/convalescent facility. In addition
the use is not listed as prohibited within the US Highway 31 Corridor Overlay Zone.
Therefore the use is permitted on the real estate. An explanation of the use provided by
the Department of Community Services can be found under Tab 14 of this booklet.
23B.06 Accessory Buildings and Uses: All Accessory Buildings have on all sides the same
building architectural features, construction materials, and in general are architecturally
compatible with the Principal Building.
23B.07 Minimum Tract Size. Minimum area covered by the Development Plan is 7.06 acres
exceeding the minimum of 217,800 square feet (5 acres).
23B.08 Height and Yard Requirements.
23B.08.01 The Principal Buildings requires placement consistent with the Building
Setback Lines of the underlying zoning. A zoning waiver is on file
requesting a forty (40) foot front yard building setback adjacent to Smokey
Row Road. If granted this will allow the building to be placed further from
the residential zoned property to the east providing greater separation.
23B.08.02 Adjacent to any residential use or zone the minimum side or rear yard is
Forty-five (45) feet. The Development Plan has a minimum setback from
residential of fifty (50) feet.
23B.08.03 The Maximum Building Height is specified in the underlying primary
zoning district allowing a one hundred (100) foot tall building. However,
by commitment of the original zoning, the maximum building height has
been reduced to fifty (50) feet. The maximum building height included in
the development plan is fifty (50) feet.
23B08.04 The Minimum Parcel Width exceeds that one -half (1/2) the depth of the
parcel.
23B.08.05 Minimum Gross Floor Area: The Zoning Ordinance requires the building to
have a minimum of fifteen thousand (15,000) square feet of gross floor
area. The building exceeds this minimum and has 214,936 square feet of
gross floor area.
23B.08.06.A. The Maximum Parcel Coverage is permitted to be sixty -five (65) percent.
The Development Plan parcel coverage is 53.52 percent.
23B.08.06.B. The Maximum Floor Area Ratio (F.A.R.) permitted is 0.70. The
Development Plan F.A.R. is 0.699.
23B.09 Architectural Design Requirements: The Development Plan complies with all
applicable architectural requirements of the Zoning Ordinance as evidenced by the elevations
and perspectives (as required) provide under Tab 4 and Tab 5 of this booklet respectively.
23B.10 Landscape Requirements: The Development Plan is in full compliance with all
landscaping requirements of the Zoning Ordinance as evidenced by the approval of the plans by
the City of Carmel Urban Forester included under Tab 8 of this booklet.
23B.12 Parking Requirements: The Development Plan is in full compliance with all applicable
parking requirements of the Zoning Ordinance. The ordinance requires 173 spaces and 173 have
been provided.
23B.13 Lighting Requirements: The Development Plan is in full compliance with all
applicable lighting requirements of the Overlay as evidenced by the information provided under
Tab 9 of this booklet.
23B.14 Bicycle and Pedestrian Requirements: The Development Plan is in full compliance
with all applicable bicycle and pedestrian requirements of the Zoning Ordinance as evidenced by
the approval of the City of Carmel Alternative Transportation Coordinator and plans included
under Tab 10 of this booklet.
TREE PRESERVATION NOTES
Best Management Practices for Tree Preservation
Before Construction:
Selected trees within the preservation zones shall be fertilized before construction
begins to increase their vigor. This will increase their ability to handle stress from
construction.
All site contractors shall meet with the Consulting Arborist at the site prior to beginning
work to review all work procedures, access and haul routes, and tree protection
measures.
Tree protection fencing shall be installed at the dripline (where possible) of the trees in
the buffer zone and proper "Tree Preservation Zone" signs affixed.
Trees should be inspected prior to construction to determine structural integrity.
Structurally unsound trees should be removed. Trees within the preservation areas
should be removed at the direction of a Registered Consulting Arborist (RCA) or a
Certified Arborist (CA).
During Construction:
Any damage to trees shall be reported to the Consulting Arborist within 6 hours so that
remedial action can be taken. Timeliness is critical to tree health.
No materials, spoil, washout water, waste or equipment, (especially concrete equipment
and tools) shall be deposited, stored, or parked within the tree protection zone (fenced
area).
Over -dig from the building foundation shall not be placed within the tree protection zone,
either temporarily or permanently. It is suggested that the spoil be placed in a space
away from the trees.
The preserved trees should be irrigated so that they will receive 1 -1.5 inches of water
per week during extreme dry periods and as is feasible.
If at all possible underground utilities, downspouts or irrigation lines and landscape
lighting shall be routed outside the tree protection zone.
In the areas where tree roots must be cut, the roots shall be cut using a trenching
machine and hand digging to provide a sharp, clean cut providing the least disturbance
possible. The exposed root ends shall be treated to heal, covered, protected and kept
from drying out during the time or exposure to air. Ripping at the roots along the cut line
with backhoes or excavators shall be avoided at all cost.
There is to be no parking or equipment storage of any kind within the tree protective
zone.
Post Construction Recommendations:
All trees shall have a post- construction evaluation performed by a qualified arborist to
determine any remedial actions necessary to maintain tree health.
1
Vertical mulching, or soil remediation with a grow gun may be necessary, for any trees
within 20 feet of construction activities. Especially those with any compacted soils or
altered drainages.
Regular mulching for any trees in the tree protection areas is recommended for trees
that do not have regular leaf litter anymore. The mulch will give the trees optimal
conditions for their roots to recover from the stress of construction. The Urban Forester
shall be contacted for any disputed acts within the tree preservation area and will
provide conclusion.
TREE PRESERVATION AREA POST CONSTRUCTION MAINTENANCE GUIDELINES:
Not required, but should be followed if future work within the area is necessary.
Sec. 1 Best management practices for tree preservation areas are:
A. Removal of all invasive species, i.e. bush honeysuckle. (Application of herbicide treatment after
removals of invasive species to prevent them from growing back should be done under the oversight of a
professional.)
B. Removal of an overabundance of combustible material, i.e. dead fallen trees and leaves.
C. Removal of vines growing on and up a tree when tree growth is affected.
D. Completing all maintenance activities following industry standard using the latest
American National Safety Institute (ANSI) Z -133 and A -300 approved practices and
methods.
Sec. 2 Sanctioned activities in a tree preservation area:
A. The types of activities allowed in tree preservation areas include:
(1) Planting of native trees. (see Indiana Native Tree List)
(2) Removal of hazardous trees.
(3) Removal of exotic and invasive vegetation. (See Indiana Exotic and Invasive Plant List)
(If you are not certain how to identify exotic or invasive species, seek professional assistance.)
(4) Removal of trees directed to be removed by municipal, county, state or federal
authority pursuant to law.
(5) Walking, hiking, bird watching and paths.
Sec. 3 Non sanctioned activities in a tree preservation area:
A. The types of activities that are not allowed in tree preservation areas include:
(1) Removal of vegetation other than exotic and invasive vegetation and hazardous
trees.
(2) Mowing any portion of the tree preservation area.
(3) Dumping of leaves or debris from areas other than the tree preservation area.
(4) Seeding; including grass seed, prairie mix seed, sod or the planting of any type
vegetable garden unless approved by the City's Forester or horticulturist.
2
(5) The construction of sheds, garages, fences, playground equipment, tree houses,
and other permanent or semi permanent structures unless approved by City
Forester.
(6) Activities that adversely impact the health, structure or integrity of a designated
tree preservation area including but not limited to active recreational activities
requiring the placement of playground equipment, paving for basketball or tennis
courts and swimming pools.
Sec. 4 How to conduct allowed activities:
A. Permission from the property owner shall be required before proceeding with any work.
B. Hazardous tree removal shall be done by cutting the tree at ground level (within 3 inches
of existing grade) with hand -held equipment and leaving the stump in place. Stump
grinding or stump removal is not permitted unless tree /trees will be replanted in the same
location. Once the hazardous condition is removed; leaving a snag is recommended.
C. The surrounding vegetation should not be disturbed or removed unless that vegetation is
an exotic or invasive species. (See Indiana Exotic and Invasive Plant List)
D. All tree, shrub, and other woody plant maintenance and removal shall be done with hand-
held equipment; not wheeled or tracked equipment that is indiscriminant with respect to
individual plants.
E. All tree, shrub, and other woody plant maintenance and removal shall be done in
accordance with American National Standards Institute (ANSI) A -300 standards.
Sec. 5 Removal and replacement standards:
A. In cases where a tree has been removed that is not in compliance with allowed activities
in a tree preservation area, it will need to be mitigated according to the City of Carmel's
Tree Preservation Replacement Formula based on size of tree(s) that were removed.
B. The replacement trees species shall be the same as the tree species removed from the
tree preservation area or the tree species selected for replacement must be native to
North Central Indiana.
C. The planting of all replacement trees shall be done by or supervised by a person with
arboriculture training in tree planting and care methods.
D. All replacements trees shall adhere to the standards required by the City of Carmel Tree
and Shrub Installation Specifications.
E. Replacement trees shall be monitored for a one -year period to ensure the health of the
trees. If the replacement trees die within the one -year period, the property owner shall
replace the dead tree.
F. Unless the Urban Forester determines that, consistent with good forestry practices, the
replacement of some or all of the removed trees is not appropriate, within twelve (12)
months after removal of each protected tree; the owner or successor owner shall replace
the removed tree pursuant to the following City of Carmel Tree Preservation
Replacement Formula.
3
City of Carmel Tree Preservation Replacement Formula
Diameter at Breast Height (dbh -4.5 feet)
Number of Replacement Trees (2" caliper)
Less than 6"
1 for 1
6" and greater, but less than 16"
2 for 1
16" and greater, but less than 26"
3 for 1
26" and greater, but less than 36"
4 for 1
36" and greater
5 for 1
G. Trees for which are candidates for removal are those within a tree preservation area that
are:
(1) Completely dead.
(2) Deemed a hazardous tree.
(3) In recognizable danger of dropping limbs within the next year and, combined with
other factors, makes lesser corrective measures not cost effective.
(4) In decline and have less than an estimated two years of lifespan remaining.
(5) Affected by root cutting of the tree for pavement repair will likely result in the
irreparable decline of the tree or the creation of a public hazard.
(6) Will create a threat to damage property or injure persons.
(7) Host an aggressive, life threatening disease or pest that may pose a threat to the
vitality of the rest of the forest.
H. The owner should (not mandatory) replace any protected tree, or allow one to restart in
the event the tree is diseased, dead or dying from natural causes, or in the event the tree is
damaged or injured by natural causes where it is likely to die or become diseased.
4
Woodland Terrace
Description of Community and Services
Continuing Care Retirement Community
Woodland Terrace is a retirement community where a number of aging care needs, from
assisted living, independent living and skilled nursing care will be provided within a single
environment.
Typically, residents move in while still living independently, with few health risks or
healthcare needs, and as medical needs change, the level of skilled nursing care and service
increases proportionally in response. The needs of residents are consistently monitored and are
thereby provided wellness options, particularly as those needs become more intensive. They are
primarily regarded as residents and only secondarily as consumers of healthcare. The philosophy
is premised upon concept that persons with age related changes have the same rights to
participation, to the same range of options, degree of freedom, control and self determination in
every day life as others may have.
At the May 4 Subdivision Committee meeting, Justus provided to the Committee an
explanation regarding the three (3) levels of care that would be offered and how those levels of
care met and satisfied the definition in Carmel's Zoning Ordinance of a Continuing Care
Retirement Community. While the explanation to the Subdivision Committee regarding the
Independent Living and Assisted Living components seemed self explanatory, the explanation
that follows is intended to provide more detail regarding the Skilled Nursing component that will
be provided within the facility.
Skilled nursing care and skilled rehabilitation services are those services, furnished
pursuant to physicians orders that require the skills of qualified technical or professional health
personnel, such as registered nurses, physical therapists, occupational therapists and speech
pathologists. Care must be provided directly or under the general supervision of these skilled
nursing or skilled rehabilitation personnel to assure the safety of the individual and to achieve the
medically desired result. The Woodland Terrace skilled nursing program will facilitate and
provide for professional medical treatment and care as outlined. An interdisciplinary team of
nurses, physical and occupational therapists, nutritionist, and social workers will work together
to assess resident needs and develop individualized plans of care. The mission of the team is
always to maximize the resident's functional independence.
Facility Features
Therapy Center will provide for resident rehabilitation and mobility requirements
ADA design features, such as easy to reach cupboards and shelves, or top heights.
Doorway access, hallways, and rooms are accommodating to wheelchairs and
walkers.
24 Hour Emergency notification system, directly connected
Elevators are available for those unable to use stairways
Handrails are available to aid in mobility
Floors of non transitional specifications for ease of walking
Ample natural and artificial lighting
Integration of advanced technology into every home and common area
Private patios/balconies
Fully equipped kitchens
Washer and Dryer provided in each home
Transportation Services
Convenient Elevator Service
24 -hour emergency maintenance
Library and Business Center
Activities Room
Resident Conference Room
Resident Lounge Area
Barber and Beauty Boutique
Skilled Nursing Service Provision
Skilled nursing care, and thereby a professional nursing staff is available on site and 24
hours a day to observe and assess the resident in order to identify and evaluate the need
for modification of their treatment plan.
Initially and periodically, as their condition indicates, a standardized, accurate and
reproducible assessment of the skilled resident's functional capacity will be conducted by
staff.
o Skilled nursing care will be provided by a registered nurse, or a licensed practical
nurse under the supervision of a registered nurse. Examples of some services may
include intravenous and intramuscular injections or insertion of catheters.
o At the time a physician initiates an order for skilled services a comprehensive
assessment process is initiated utilizing a resident assessment instrument. The
assessment process will include direct observation and communication with the
resident, as well as communication with the resident family and licensed and
nonlicensed direct care staff members.
Infection control practices will insure a safe, sanitary, and comfortable environment and
to help prevent the development and transmission of disease and infection. The nursing
staff will investigate, control, and prevents infections among skilled residents.
Physical, occupational, and speech therapists provide rehabilitation services shall be
provided as ordered by the physician. These services will be provided within the residents
home, as well as the designated Therapy Center located on site.
Dieticians consult with the team to include meal planning that is supportive of the plan of
care. Assistive devices such as special eating equipment and utensils for residents who
need them are available.
Pharmacy Services will provide assistance to obtain routine and emergency drugs and
biological for skilled care residents.
o Including the accurate acquiring, receiving, dispensing, and administering of all
drugs and biological to meet the needs of each skilled resident.
o A system of receipt and disposition of all controlled drugs in sufficient detail to
enable an accurate reconciliation.
o Drug regimen review at least once a month by a licensed pharmacist which notes
irregularities to the attending physician.
Woodland Terrace skilled staff is required to meet the qualifications specified in this
section.
o The Skilled Care Administrator has training and experience in health service administration and at
least 1 year of supervisory or administrative experience in home health care or related health
programs.
o Practical nurse. A person who is licensed as a practical nurse by the State of Indiana.
o Registered professional nurse (RN). A graduate of an approved school of professional nursing,
who is licensed as a registered nurse by the State of Indiana.
o A Physical therapist is a person who is licensed as a physical therapist by the State of Indiana, and
(a) Has graduated from a physical therapy curriculum approved by: (1) The American Physical
Therapy Association, or (2) The Committee on Allied Health Education and Accreditation of the
American Medical Association, or (3) The Council on Medical Education of the American
Medical Association and the American Physical Therapy Association; or (b) Prior to January 1,
1966, (1) Was admitted to membership by the American Physical Therapy Association, or (2) Was
admitted to registration by the American Registry of Physical Therapist, or (3) Has graduated from
a physical therapy curriculum in a 4 -year college or university approved by a State department of
education; or (c) Has 2 years of appropriate experience as a physical therapist, and has [[Page
436]] achieved a satisfactory grade on a proficiency examination conducted, approved, or
sponsored by the U.S. Public Health Service except that such determinations of proficiency do not
apply with respect to persons initially licensed by a State or seeking qualification as a physical
therapist after December 31, 1977; or (d) Was licensed or registered prior to January 1, 1966, and
prior to January 1, 1970, had 15 years of full -time experience in the treatment of illness or injury
through the practice of physical therapy in which services were rendered under the order and
direction of attending and referring doctors of medicine or osteopathy; or (e) If trained outside the
United States, (1) Was graduated since 1928 from a physical therapy curriculum approved in the
country in which the curriculum was located and in which there is a member organization of the
World Confederation for Physical Therapy. (2) Meets the requirements for membership in a
member organization of the World Confederation for Physical Therapy, Physical therapy assistant.
A person who is licensed as a physical therapy assistant, if applicable, by the State of Indiana, and
(1) Has graduated from a 2 -year college -level program approved by the American Physical
Therapy Association; or (2) Has 2 years of appropriate experience as a physical therapy assistant,
and has achieved a satisfactory grade on a proficiency examination conducted, approved, or
sponsored by the U.S. Public Health Service, except that these determinations of proficiency do
not apply with respect to persons initially licensed by a State or seeking initial qualification as a
physical therapy assistant after December 31, 1977.
o Occupational therapist is a graduate of an occupational therapy curriculum accredited jointly by
the Committee on Allied Health Education and Accreditation of the American Medical
Association and the American Occupational Therapy Association; or is eligible for the National
Registration Examination of the American Occupational Therapy Association; or has 2 years of
appropriate experience as an occupational therapist, and has achieved a satisfactory grade on a
proficiency examination conducted, approved, or sponsored by the U.S. Public Health Service,
except that such determinations of proficiency do not apply with respect to persons initially
licensed by a State or seeking initial qualification as an occupational therapist after December 31,
1977.
o Occupational therapy assistant is a staff person who: (a) Meets the requirements for certification as
an occupational therapy assistant established by the American Occupational Therapy Association;
or (b) Has 2 years of appropriate experience as an occupational therapy assistant, and has achieved
a satisfactory grade on a proficiency examination conducted, approved, or sponsored by the U.S.
Public Health Service, except that such determinations of proficiency do not apply with respect to
persons initially licensed by a State or seeking initial qualification as an occupational therapy
assistant after December 31, 1977.
o Social worker. A person who has a master's degree from a school of social work accredited by the
Council on Social Work Education, and has 1 year of social work experience in a health care
setting. Speech language pathologist. A person who: (1) Meets the education and experience
requirements for a Certificate of Clinical Competence in (speech pathology or audiology) granted
by the American Speech Language Hearing Association; or (2) Meets the educational
requirements for certification and is in the process of accumulating the supervised experience
required for certification.
o Social work assistant. A person who: (1) Has a baccalaureate degree in social work, psychology,
sociology, or other field related to social work, and has had at least 1 year of social work
experience in a health care setting; or (2) Has 2 years of appropriate experience as a social work
assistant, and has achieved a satisfactory grade on a proficiency examination conducted, approved,
or sponsored by the U.S. Public Health Service, except that these determinations of proficiency do
not apply with respect to persons initially licensed by a State or seeking initial qualification as a
social work assistant after December 31, 1977.
o Home health aide has completed a competency evaluation program and a state licensure program.
TAB 13
From: Duncan, Gary R [mailto:gduncan @carmel.in.gov]
Sent: Monday, May 16, 2011 9:33 AM
To: Conn, Angelina V
Cc: Barnes, David R; Greg Ilko; Redden, Nick; Thomas, John G; Chris White
Subject: Woodland Terrace
Angie, I understand there has been additional questions regarding the drainage for the proposed
Woodland Terrace.
The current plan proposes to collect and convey the majority of the site to the south and then into
the existing detention facility; bypassing Kensington Place. Kensington Place anticipated storm
water runoff from a certain portion of the property to the west. This is evidenced by the existing
contours and the inlet provided at the low spot about two thirds of the way up the western
property line. Most of the acreage that presently drains into Kensington Place is being modified
with development to drain to another outfall. The acreage draining from the west into
Kensington Place is being reduced and the peak runoff rate in the proposed condition is less than
the existing condition. The portion of the Woodland Terrace site that will continue to drain into
Kensington Place is composed primarily of the 50 -foot tree buffer. Besides a reduction in the
water shed that drains through this area into Kensington Place, the 50 -foot tree area will remain
unaffected by the development. The drainage plan and supporting calculations of Woodland
Terrace is subject to final construction plan review by the engineering staff before any
construction permits are issued. The current drainage plan is consistent with the master drainage
plan for the Pro -Med development.
Thanks so much!
Gary
Gary R. Duncan, Jr., PE
Assistant City Engineer
City of Carmel
Department of Engineering
One Civic Square
Carmel, IN 46032
(317) 571 -2441
(317) 571 -2439 (fax)
gduncan @carmel.in.gov
A Please consider the environment before printing this e-mail
TAB 14
From: Conn, Angelina V [Aconn @carmel.in.gov]
Sent: Friday, May 13, 2011 9:11 AM
To: Rider, Kevin D
Cc: Hollibaugh, Mike P; John Molitor; Jay Dorman; Judy Hagan; indianaacepnick @sbcglobal.net;
Lawson, Steve; Dorman, Jay; Forwarding E -mail, Dierckman, Leo; Steve Stromquist; Susan
Westermeier; Rider, Kevin D; brad.grabow +cpc @gmail.com; Hagan, Judy; Kestner, Nick;
ephraimwilfong @gmail.com; indylawson @gmail.com; jw57adams @att.net; Hancock, Ramona B
Subject: RE: Woodland Terrace Carmel (clarifications)
Attachments: ZO Ch 24 DP and ADLS Regulations (Summer 2009 v1).pdf; ZO Ch 23B US 31 Overlay Zone
(Winter 2011 v1).pdf
Hi, Woody
The Depaitluent has determined that a CCRC is the same as a nursing /retirement /convalescent facility as
it relates to the use table. And as such, it is a permitted use in B -6 and is NOT excluded from the US 31
overlay. At the subd committee meeting on may 4, the petitioner did clarify that they will have at least 3
levels of care, even with phase 1: independent living, assisted living, and skilled nursing services. A
recent amendment to the appendix A clarifies that `E' in the overlay columns means `as excluded in the
overlay', so there is no confusion as to what a `blank' box means in the overlay.
If this parcel did not have the commitment to keep the buildings at 50 -ft maximum (plus parapets), then
they could build a 100 -ft tall building (plus parapets). And if there was not a commitment to have that 50-
ft wide tree preservation area, then a building could only be about 45 -ft away from the east property line
As proposed it is about 75 -80 -ft away from the east property line. Also, the sight line drawings
presented by the petitioner in the supplemental info packets show that the 50 -ft wide tree area does screen
a lot of the view to the ccrc building from Kensington. You will get that info in the mail today most
likely.
They comply with the parking ordinance; there are specific parking ratios for a ccrc in the parking
ordinance chapter 27.
The city engineering dept has and is reviewing the drainage plan, and to my understanding the plan is
taking a lot of the storm water runoff away from the Kensington area and piping it to the pond and
natural waterway system, as well as treating it along the way with stormwater best management practices,
as required by state regulations. Kensington will probably see less stormwater runoff from the subject
site.
Ultimately, it is up to you all to determine whether or not this dp /adls petition meets the zoning ordinance
standards. As a guide, you can look at chapter 24 (dp /adls criteria requirements) and chapter 23B (us
31 regs). They are attached for your convenience.
I will be around all day if you want to call or email me with any questions.
Thanks,
Angie Conn, Planning Administrator
City of Carmel Planning Zoning Division
Dept. of Community Services
1 Civic Square, 3rd Flr.
Carmel, IN 46032
0: 317-571-2417 F: 317 -571 -2426 E: aconn @carmel.in.gov
W: www.carmel.in.gov /services /DOCS /DOCSDOPZ htm
Please consider the environment before printing this e -mail
5/24/2011
Page 1 of 3
From: Rider, Kevin D
Sent: Friday, May 13, 2011 8:23 AM
To: Conn, Angelina V
Subject: Fwd: Woodland Terrace Carmel
Please give me a response
Kevin (Woody) Rider
Carmel City Council
Begin forwarded message:
5/24/2011
From: "JOHN KERR" <njkerr(2 sbcglobal.net>
Date: May 13, 2011 7:54:15 AM EDT
To: <ldierckmanAcarmel.in.gov <1dorman(li carmel.in.gov <bgrabowAcarmel.in.gov
<1hagan(licarmel.in.gov <nkestnerAcarmej.in.gov <slawson(a,carmel.in.gov
<krider(a,carmel.in.gov <sstromquist(licarmel.in.gov <swestermeierAcarmel.in.gov
<ewilfong(a,carmel.in.gov <hirizarry(l carmel.in.gov>
Subject: Woodland Terrace Carmel
Docket No. 11020013 DP /ADLS: Woodland Terrace CCRC
Docket No. 11030006 ZW: Ordinance Chapter 23.08.01.D: front building setback
1. In accordance with Appendix A, Schedule of Uses, a Multiple Family Dwelling is an
Excluded Use in the US 31/Meridian Overlay Zone. Justus Homes, Inc. has
purposely circumvented the definition of a MFD by calling Woodland Terrace a
CCRC. Yet they use a definition of a CCRC which eliminates any oversight by state
or federal regulations for a health care facility and the need for state license
requirements. By their own testimony at Plan Commission hearings, they do not need
or want any state or federal oversight of their project. They propose that the tenants
of their apartment complex may hire for a fee any health care needs "outside of Justus
Homes, Inc." This prevents Justus Homes, Inc. from any involvement in providing
any health care needs of the tenants, thereby shielding Justus Homes, Inc. from any
oversight requirements. For this reason the proposed Woodland Terrace project is
nothing more than a Multiple Family Dwelling which is an excluded use.
2. There are still many other valid reasons which have been enumerated that form the
basis for the Plan Commission to deny the Woodland Terrace project. Several City of
Carmel ordinances have been referenced which provide the basis for denial:
a. The project ignores the requirements of the Comprehensive Plan in relation to
the proposed height of the building, the topography of the land and the
shielding of light and air. This project is adjacent to an existing residential
community
b. They use the definition of CCRC parking requirements instead of a
Nursing /Retirement /Convalescent Facility parking requirement which would
require approx. 100 more parking spaces. They even highlighted the N /R/C
Facility on the Appendix A which was given to the Sub. Committee.
c. The ambiguity of Appendix A needs to be clarified by the City of Carmel
Council. A CCRC is not even listed in Appendix A. A N/R/C Facility shows a
"blank" in the US 31 Meridian Overlay Zone. The key shows that a `Blank"
Prohibited. This should not be left to "interpretation."
Page 2 of 3
5/24/2011
d. Having been the general contractor for building nine townhomes in Kensington
Place, I have observed over time that both surface and subsurface water flows
from the Justus property into a beehive drain located behind lot 16 at
Kensington Place. I am concerned about the water flow affect to Kensington
Place should a Woodland Terrace basement be built and the affect of needed
retaining walls to mitigate the differences in topography.
Respectively submitted
John Kerr, Managing Partner, Kensington Partners
This email is to be considered part of the record.
Page 3 of 3
TAB 15
Carmel Plan Commission
Carmel, Indiana
Docket No.: 11020013 DP /ADLS and 11030006 ZW NAME OF PROJECT: Woodland Terrace
Petitioner: The Justus Companies
Based upon all the evidence presented by the Petitioner and upon the Department Report of the
Department of Community Services for the April 19 Plan Commission meeting, May 4th
Subdivision Committee meeting and the May 17 Plan Commission meeting, we determine that the
Development Plan request complies with the standards of Chapter 23B U.S. Highway 31 Corridor
Overlay Zone and Chapter 24 Development Plan and Architectural Design, Exterior Lighting,
Landscaping Signage Regulations of the Carmel/Clay Zoning Ordinance.
We hereby approve of the Development Plan as submitted with the following specific conditions as
agreed to by the Petitioner.
Condition 1.
Condition 2.
We hereby disapprove of the Development Plan Amendment as submitted for the following reasons:
1.
2.
3.
DATED THIS 21 DAY OF June, 2011.
FINDINGS OF FACT FORM FOR
DEVELOPMENT PLAN CONSIDERATION
Commission President