HomeMy WebLinkAboutPacket 07-19-11 SupplementalWoodland 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
July 19, 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
TABLE OF CONTENTS
1. Explanation of request and summary of development plan requirements
2. Aerial photograph and site overlay exhibit
3. Color Site /Landscape Plan (updated)
4. Building Elevations (updated)
Primary building
Garage elevations
Phase 1 north building elevation
Building perspective renderings (updated)
6. Signage
7. Landscaping (updated)
Additional tree protection area site plan exhibit
Landscaping Plans including tree preservation plan sheet
Copy of tree preservation notes
8. Lighting Plan photometric chart and fixtures
9. Height reduction exhibits
Site plan highlighting area of building height reduction
Current and previous building sections
Floor plans for 1S and 4th floor
East building elevation illustrating 1 -story and 3 -story areas
10. Site line exhibits
Site sections illustrating permitted, previous and current building locations
Site sections illustrating permitted, former office and current building locations
Shadow study
11. Building and site details
balcony detail
railing detail for rooftop garden /patio option
Screen wall and meter screening details
Phase 1 Phase 2 site plan exhibit
green building checklist
12. Engineered development plans (updated)
13. Detailed description of the Continuing Care Retirement Community and a statement of
compliance with the Zoning Ordinance
14. Written Commitments
Off -site path exhibit
Tree relocation area exhibit and tree relocation planting details
Suggested letter to surrounding neighbors
15. Finding of fact
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 Carmel's Zoning Ordinance and the Department of Community
Services (DOCS) has confirmed 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 of a zoning 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. On June 21 the matter was reviewed by the Plan
Commission at which time, with the agreement of the petitioner, it was returned back to the Subdivision
Committee for further consideration.
The Subdivision Committee met on July 5 and July 12' to review additional project details and
enhancements to the proposal. On July 12 the Committee made a favorable recommendation back to the
full Plan Commission by a vote of 3 -1. Mr. Grabow, Committee Chair, has since forwarded a detailed
written report to Plan Commission members.
Several enhancements have been made to the proposal including (i) a reduction in building height
from 4- stories to 3- stories in the area closest to the east property line; (ii) increases in the building setbacks
of 10' for the primary building and 58' for the garage structures south of the building, (iii) an addition of
40% to the Tree Preservation Area (TPA) adjacent to Kensington Place; (iv) agreement to construct certain
improvements with Phase 1; (v) restriction in delivery hours for trucks accessing the northeast entrance;
(vi) 24 additional trees planted adjacent to the eastern elevation of the building or relocated to areas within
the TPA based on election of adjacent owners; (vii) construction of an off -site trail connection to
Meadowlark Park; (viii) written commitments related to the above items, inspection and verification of
building location tree protection fencing and drainage plan approval.
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 statement 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); (ii) Primary building and garage elevations (updated); (iii) Building perspective renderings
(updated); (iv) Signage; (v) Landscaping Plan (updated) and additional tree preservation language
approved by the Urban Forester; (vi) Lighting Plan; (vii) building height reduction exhibits; (viii) sight line
exhibits: (ix) Engineered development plans (updated); (x) Detailed description of the CCRC and a
statement of compliance with the Zoning Ordinance; (xi) Written commitments and (xii) Findings of Fact.
We look forward to presenting this mater to the Plan Commission on July 19
Justus EXPLANATION PC 071911
EXPLANATION OF REQUEST
Respectfully submitted,
u,
Jon C. Dobosiewicz
Summary of Development Plan Requirements
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:
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. A detailed description of the Continuing
Care Retirement Community and a statement of compliance with the Zoning Ordinance
can be found under Tab 13 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 eighty -four (84) 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 214,551 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 51.25 percent.
23B.08.06.B. The Maximum Floor Area Ratio (F.A.R.) permitted is 0.70. The
Development Plan F.A.R. is 0.698.
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 plans included under Tab
7 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 170 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 8 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 12 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)
(2)
(3)
(4)
(5)
(6)
(7)
Completely dead.
Deemed a hazardous tree.
In recognizable danger of dropping limbs within the next year and, combined with
other factors, makes lesser corrective measures not cost effective.
In decline and have less than an estimated two years of lifespan remaining.
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.
Will create a threat to damage property or injure persons.
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
Providence® LED
1. Luminaire /LED Configuration 2. Color
PROV- T3- 60LED -BW MTB SPK TRA56
1. LUMINAIRE /LED CONFIGURATION
PROV T2 60LED WW IES Type 2 distribution. 60 light emitting diode array (72 watts). Class 1, 120 thru 277
volt. Warm white (3500K).
PROV T2 60LED BW IES Type 2 distribution. 60 light emitting diode array (72 watts). Class 1, 120 thru 277
volt. Bright white (5100K).
PROV- T3- 60LED -WW
PROV- T3- 60LED -BW
PROV- T4- 60LED -WW
PROV- T4- 60LED -BW
PROV- T5- 60LED -WW
PROV- T5- 60LED -BW
IES Type 3 distribution. 60 light emitting diode array (72 watts). Class 1, 120 thru 277
volt. Warm white (3500K).
IES Type 3 distribution. 60 light emitting diode array (72 watts). Class 1,
120 thru 277 volt. Bright white (5100K).
IES Type 4 distribution. 60 light emitting diode array (72 watts). Class 1, 120 thru 277
volt. Warm white (3500K).
IES Type 4 distribution. 60 light emitting diode array (72 watts). Class 1, 120 thru 277
volt. Bright white (5100K).
IES Type 5 distribution. 60 light emitting diode array (72 watts). Class 1, 120 thru 277
volt. Warm white (3500K).
IES Type 5 distribution. 60 light emitting diode array (72 watts). Class 1,
120 thru 277 volt. Bright white (5100K).
350mA drive current.
LED EMITTERDECKTM UPGRADE KITS FOR PROV -H MODELS
RK3509 Type 2, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Warm white (3500K).
RK3510 Type 3, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Warm white (3500K).
RK3511 Type 4, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Warm white (3500K).
RK3512 Type 5, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Warm white (3500K).
RK5109 Type 2, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Bright white (5100K).
RK5110 Type 3, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Bright white (5100K).
RK5111
RK5112
SOLD TO
Architectural Area Li
350mA drive current
16555 East Gale Ave. 1 City of Industry 1 CA 91745
P 626.968.5666 1 F 626.369.2695 1 aal.net
Design patents, Copyright 2010 REV. 11/2010
page 2 of 4 DATE TYPE
3. Options 4. Mounting
Type 4, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Bright white (5100K).
Type 5, 60 diodes (72 watts). Class 1, 120 thru 277 volt. Bright white (5100K).
A field replaceable upgrade kit is available for existing PROV -H (HID /CFL) installations. The kit comes complete with
a driver and 20 LED MicroEmittersTM (60 diodes /72 watts). Please contact your AAL Sales Representative for details.
PO
ghting
JOB NAME
Approvals
Providence® LED
1. Luminaire /LED Configuration 2. Color
PROV- T3- 60LED -BW MTB SPK TRA56
2. COLOR
AWT Arctic White MDG Medium Grey
BLK Black ATG Antique Green
MTB Matte Black LGY Light Grey
DGN Dark Green SPP Salt and Pepper (premium)
DBZ Dark Bronze SFM Seafoam (premium)
WRZ Weathered Bronze WCP Weathered Copper (premium)
BRM Metallic Bronze SHK Shamrock (premium)
VBL Verde Blue RAL COLOR Provide a RAL 4 digit color number
CRT Corten CUSTOM COLOR Please provide a color chip
CI MAL Matte Aluminum for matching
3. OPTIONS
SPK
PFN
BPS
4. MOUNTING
TRA55
TRA56
TRA57
WMA55
WMA56
WMA57
WMA7
SOLD TO
Architectural Area Li
16555 East Gale Ave. I City of In.
P 626.968.5666 1 F 626.369.269
Design patents, Copyright 201
page 3 of 4 DATE TYPE
3. Options 4. Mounting
Decorative cast aluminum spikes on the top and bottom of the four vertical struts.
Cast aluminum finial painted a brass color.
Cast aluminum struts painted brass color. Spikes also painted brass if SPK chosen.
Pole mount (please visit www.aal.net for additional arm choices)
One -piece cast aluminum arms are prewired with quick disconnects. Pole mounted arms use
3/8 -16 hex head bolts for attaching to the pole.
Attaches to a 4 "/100mm round pole. Wt: 10Ibs. EPA: .67
Attaches to a 4 "/100mm round pole. Wt: 8Ibs. EPA: .54
Attaches to a 4 "/100mm round pole. Wt: 7Ibs. EPA: .67
Wall Mount (please visit www.aal.net for additional arm choices)
One -piece cast aluminum arms are prewired with quick disconnects. Wall mounted arms do not include wall
mounting hardware.
Cast aluminum backplate. Mounting hardware by others. Wt: 14 lbs.
Cast aluminum backplate. Mounting hardware by others. Wt: 10 lbs.
Cast aluminum backplate. Mounting hardware by others. Wt: 10 lbs.
Cast aluminum backplate. Mounting hardware by others. Wt: 16 lbs.
SPK shown
TRA57 shown
PO
ghting
ustry I CA 91745
5 1 aal.net
0 REV. 11/2010
JOB NAME
Approvals
Providence® LED
Specifications
18.7"
475mm
Weight: 29 Ibs EPA: 0.96
HOUSING
The upper lamp housing shall be die -cast aluminum.
The internal reflector module is sealed from the outer
housing with a one piece, memory retentive, molded
silicone gasket. The tempered glass lens shall be sealed
to the housing with a silicone gasket. One stainless steel
latch shall release the door.
UPGRADE KITS
Field replaceable upgrade kits are available for PROV -H
(HID /CFL) reflector models. An entire EmitterDeck
mounting assembly, including driver and 20 LED
MicroEmitters (60 diodes /72 watts), is provided. See
installation instructions for complete details.
ELECTRICAL
120 thru 277 volt. All electrical components are mounted
directly to the driver tray for maximum heat dissipation.
Class 1 electrical classification. 0 10v dimming
capabilities. LifeShieldTM Protection System included for
extreme temperature locations -30 °C to 60 °C). 120/277
volt Universal with 9mA maximum input current and 1mA
maximum drive current. Input power 0.5 watt for 120 volt
and 1.25 watt for 277 volt. The onboard surge protector
shall be U.L. recognized and have a surge current rating
of 10,000 Amps using the industry standard 8 /20uSec
wave. The surge protector shall have a clamping voltage
of 320V and surge rating of 372J. The case shall be a
high- temperature, flame resistant plastic enclosure. LED
constant current driver operates at 350mA.
Architectural Area Lighting
16555 East Gale Ave. I City of Industry I CA 91745
P 626.968.5666 I F 626.369.2695 I aal.net
Design patents, Copyright 2010 REV. 11/2010
page 4 of 4 DATE TYPE
MICROEMITTERTM REFLECTOR
Precision injection molded, high specular reflectors are
positioned to achieve directional control toward desired
task. Secondary reflectors with a concave, specular
medium hammertone finish are used to redirect light
downward. No fasteners are placed on the reflective
surface. The entire assembly fastens to the housing as
a one -piece module and features wiring quick- connects
for easy installation. Standard color temperatures for
Nichia LEDs, NS6L183 and NS6W183, are 3500K and
5100K. Rated luminous efficacy is >40 Im/W, with rated
light output of >2864 for 5100K LED, standard mount.
MicroEmitters are field replaceable.
MOUNTING
Providence is factory supplied as a complete,
pre -wired assembly. The fitter shall slip over a
4 "/100mm open top pole or arm and secured and
leveled with three stainless steel set screws.
FINISH
The finish consists of a five stage pretreatment regimen
with a polymer primer sealer, oven dry off, and top
coated with a thermoset super TGIC polyester powder
coat finish. The finish shall meet the AAMA 605.2
performance specification which includes passing a
3000 hour salt spray test for corrosion resistance.
CERTIFICATION
Providence LED shall be listed with ETL for outdoor, wet
location use. Conforms to UL1598 and Canadian CSA
Std. C22.2 no.250 standard. IP55.
WARRANTY 5
AAL reserves the right to change product specifications without notice.
YEAR WARRANTY
Providence LED, including housing, LEDs and
electrical components, is warranted for five years. Any
unauthorized return, repair, replacement or modification
of the Product(s) shall void this warranty. This warranty
applies only to the use of the Product(s) as intended
by AAL and does not cover poles, arms, mounting,
or any misapplication or misuse of said Product(s), or
installation in hazardous or corrosive environments.
Contact AAL for complete warranty language,
exceptions, and limitations.
PATENTS PENDING
Providence® Sconce
page 2of4
DATE TYPE
Fixture Output Options Lamp /Ballast Options Color
1 2 3 4 5
1. FIXTURE
PRSC -2
PRSC -3
PRSC -4
PRSC -W
PRSC -X
Horizontal Type 2
Horizontal Type 3
Horizontal Type 4
Horizontal Column Lighter Narrow Beam
Horizontal LED, CF or IL
2. OUTPUT OPTIONS
1D Single source 100% primary output.
2D Up:down single source 94% primary with 6% secondary opposing output. Not for PRSC -W or LED.
2DPB Up:down single source with pencil beam uptight. Not for PRSC -W or LED.
2R Up:down dual source R111 as secondary opposing output. Only available with 39MHT6EB -R111 ballast.
3. LAMP /BALLAST
For PRSC -2 PRSC -3 PRSC -4 PRSC -W
20MMC 20 watt electronic metal halide 120 thru 277 volt ballast. Use PGJ5 base, Mini MasterColor® lamp.
39MMC 39 watt electronic metal halide 120 thru 277 volt ballast. Use PGJ5 base, Mini MasterColor® lamp.
39MHT6 39 watt magnetic metal halide 120/277 volt ballast. Use G12 base, T6 ceramic lamp.
39MHT6EB 39 watt electronic metal halide 120 thru 277 volt ballast. Use G12 base, T6 ceramic lamp.
39MHT6EB -R111 39 watt electronic metal halide 120 thru 277 volt ballast. For use with 2R option only.
50MH 50 watt metal halide 120/277 volt ballast. Use medium base, ED -17 lamp.
50MHEB 50 watt electronic metal halide 120 thru 277 volt ballast. Use medium base, ED -17 lamp.
70MH 70 watt metal halide 120/208/240/277 volt ballast. Use medium base, ED -17 lamp.
70MHT6 70 watt metal halide 120/277 volt ballast. Use G12 base, T6 ceramic lamp.
100MH 100 watt metal halide 120/208/240/277 volt ballast. Use medium base, ED -17 lamp.
150PSMH Pulse start metal halide 120/208/240/277 volt ballast. Use medium base, ED -17 lamp.
150PSMHT6 Pulse start metal halide 120/277 volt ballast. Use G12 base, T6 ceramic lamp.
50HPS 50 watt high pressure sodium 120/277 volt ballast. Use medium base, ED -17 lamp.
70HPS 70 watt high pressure sodium 120/208/240/277 volt ballast. Use medium base, ED -17 lamp.
100HPS 100 watt high pressure sodium 120/208/240/277 volt ballast. Use medium base, ED -17 lamp.
150HPS 150 watt high pressure sodium 120/208/240/277 volt ballast. Use medium base, ED -17 lamp.
6000 60W electronic ballast for Philips° Cosmo. 200 thru 277 volt ballast. Use PGZ12 base Cosmo lamp.
For PRSC -X
36LED -WW
36LED -BW
CF1
CF2
IL55
SOLD TO
36 light emitting diode array (37 watt). Warm white (3500K). 120 thru 277 volt.
36 light emitting diode array (37 watt). Bright white (5100K). 120 thru 277 volt.
Horizontal Single CF, 120 thru 277 volt. GX24q base, 26, 32 or 42 watt lamp. Specify wattage.
Horizontal Pair of CF, 120 thru 277 volt. GX24q base, 26, 32 or 42 watt lamp. Specify wattage.
Horizontal 55 watt induction system. 120, 208, 240 or 277 volt. -25 °C min start temp.
All ballasts are factory wired for 277 volts, unless specified. Lamps not included (except LED and IL options).
All applicable ballasts are EISA compliant.
Architectural Area Lighting
16555 East Gale Ave. I City of Industry I CA 91745
P 626.968.5666 I F 626.369.2695 I www.aal.net
Design patents, Copyright 2010 Rev 01/2010
PO JOB NAME
Approvals
Providence® Sconce page 3 of 4
Fixture Output Options Lamp /Ballast Options Color
1 2 3 4 5
4. OPTIONS
INTERNAL OPTIONS
ORS Quartz restrike controller and T -4 mini -can socket. Not required with electronic ballast. (Lamp wattage
not to exceed ballast wattage). Not available for LED, CF1, CF2, or IL55 configuration.
QL Socket for T -4 mini -can lamp, field wired to a separate circuit. (Lamp wattage not to exceed
ballast wattage). Not available for LED, CF1, CF2, or IL55 configuration.
SCB Surface Conduit Box. 1/2 inch NPT inlets on each side. Gasketed bottom cover for wire access.
Standard finish is white.
LDL Lightly diffused glass lens to conceal the reflector and decrease visual brightness and glare.
BBU Battery backup powers a compact fluorescent lamp for up to 90 minutes during a power failure. Output of
the 26 watt lamp will be 450 lumens. Output of the 32 watt lamp will be 575 lumens. Output of the 42 watt
lamp will be 750 lumens. Operating temp 0 °C to 55 °C. For use with CF only. Integral.
347 120/240/347 volt ballast for HID lamp /ballast except the 50MH and 50HPS watt ballast.
Not available for 2R output.
SPC12 120 volt swivel type photocell. Factory wired at 120 volt. Only available with 1D output
(photocell replaces finial).
SPC27 208/240/277 volt swivel type photocell. Factory wired. Specify voltage. Only available with 1D output
(Photocell replaces finial).
BPC12 Photocell Button Type 120V. Only available with 1D output (Photocell replaces finial).
BPC27 Photocell Button Type 208/240/277 volt. Only available with 1D output (Photocell replaces finial).
TPC Photocell Twist -Lok. Only available with 1D output (Photocell replaces finial). Photocell by others.
R24 Secondary source R111 lamp with 24° flood pattern. Only available with 2R output.
R40 Secondary source R111 lamp with 40° flood pattern. Only available with 2R output.
DECORATIVE OPTIONS
PFN Cast aluminum finial painted brass color. Only available with 1D output.
DSB Dome spikes painted brass color.
DSP Dome spikes painted to match fixture color.
SOLD TO
5. COLOR
AWT Arctic White DGN Dark Green
LGY Light Grey CRT Corten
MAL Matte Aluminum BRM Metallic Bronze
MDG Medium Grey DBZ Dark Bronze
ATG Antique Green BLK Black
VBL Verde Blue MTB Matte Black
WRZ Weathered Bronze RAL# Provide a RAL 4 digit color number
CUSTOM COLOR Please provide a color chip for matching
Architectural Area Lighting
16555 East Gale Ave. I City of Industry I CA 91745
P 626.968.5666 I F 626.369.2695 I www.aal.net
Design patents, Copyright 2010 Rev 01/2010
PO JOB NAME
DATE TYPE
Approvals
Providence® Sconce
Specifications
14.125 in
11
359 mm
®ii
WT: 291bs
HOUSING
20.75 in
-4 527 mm
18.125 in
460 mm
12.625 in
321 mm
Architectural Area Lighting
16555 East Gale Ave. 1 City of Industry I CA 91745
P 626.968.5666 I F 626.369.2695 I www.aal.net
Design patents, Copyright 2010 Rev 01/2010
page 4 of 4
The fixture housing is one -piece cast aluminum. The access
door is cast aluminum, hinged and secured with two spring
latches for relamping and internal access. The primary lens
is molded tempered glass with a crowned shape to shed
water. The single source bi- directional configuration uses
a diffused lens to evenly illuminate the wall, and the dual
source configuration uses a clear lens. The access door is
sealed with a memory retentive, Rubatex, closed cell gasket.
The rear electrical access has a molded silicone plug to
completely seal the fixture from insects or dirt emanating
from the electrical box or conduit. All internal and external
hardware is stainless steel.
OPTICAL ASSEMBLY
The reflector module is composed of faceted, semi specular
anodized aluminum panels rigidly attached in an aluminum
module. The reflector module is easily removed from the
ballast bracket by loosening four screws and lifting it out. The
2D uplight downlight version includes a second reflector
assembly attached to the ballast bracket which directs the
light energy to the diffused lens used for the secondary light
output. The 2R uplight downlight version has a bracket
assembly used to direct light from a R111 light source
through the secondary clear lens. The reflectors shall meet
ANSI -IES standards for full cutoff classification (1 D only).
ELECTRICAL
The ballast is mounted on a prewired module with a quick
disconnect plug and removed by loosening three captive
1/4-turn fasteners. HID ballasts are high power factor, rated
for -30 °C starting. Sockets are medium base, pulse rated
porcelain. Compact fluorescent sockets for a 26, 32, or 42
watt lamp are 4 pin, GX24q -4, with an electronic ballast, 0 °F
starting. Ballasts are wired at the factory for 277 volts, unless
specified.
FINISH
DATE TYPE
Fixture finish consists of a five stage pretreatment regimen
with a polymer primer sealer, oven dry off and top coated
with a thermoset super TGIC polyester powder coat
finish. The finish shall meet the AAMA 605.2 performance
specification which includes passing a 3000 hour salt spray
test for corrosion resistance.
INSTALLATION
To install the fixture, the die cast wall plate is secured to an
octagonal j -box and wired to the power circuit. The fixture is
plugged into a quick disconnect and then hooked onto the
wall plate. Two captive screws are then tightened to secure
the fixture to the wall plate. The product may be inverted if
desired.
EISA COMPLIANCE
AAL is committed to complying with U.S. EISA requirements.
All applicable products manufactured for sale in the United
States after January 1, 2009, meet EISA requirements.
CERTIFICATION
The fixture is listed with ETL for outdoor, wet location use,
in both an up and down orientation, UL1598 and Canadian
CSA Std. C22.2 NO.250. IP Rating: 66
WARRANTY
Fixture is warranted for three years. Ballast components carry
the ballast manufacturer's limited warranty. Any unauthorized
return, repair, replacement or modification of the Product(s)
shall void this warranty. This warranty applies only to the use
of the Product(s) as intended by AAL and does not cover any
misapplication or misuse of said Product(s), or installation
in hazardous or corrosive environments. Contact AAL for
complete warranty language, exceptions, and limitations.
CARMEL GREEN BUILDING /RENOVATION CHECKLIST
These items are not required by the current Zoning Ordinance or Building Code, but are
strongly recommended by the Department of Community Services. Green building and
design saves energy and money while providing for a more sustainable community.
NEW CONSTRUCTION
Bicycle lockers /changing rooms /showers
El Best Management Practices for stormwater
Native landscaping /tree preservation
Connectivity to adjacent sites
NPedestrian
❑Vehicular
❑Green roof
White membrane/high albedo roof
orous pavers /permeable pavement in parking lot
Recycling areas onsite
Internal recycling areas
❑External recycling areas
[Parking islands landscaped to provide shade within 5 years
High- efficiency lighting inside and outside
Building and finishing materials sourced from within 500 miles
Water-efficient fixtures throughout
Use of recycled materials in construction and fit -out
Operable windows for cross ventilation and light
High efficiency HVAC systems
Use of Energy Star or similar appliances
Low VOC paints, coatings, and sealants
Low -E glass
Low VOC flooring materials
Light and motion sensors for lighting and water fixtures
Wind turbine and/or photovoltaic panels, placed to maximize efficiency and minimize
visual impact.
RENOVATION
Same as above plus:
EBuilding reuse
nSite materials reuse
❑Increase in green space/landscaping
❑Reduction of runoff
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.
ISSUE: Whether a community such as Woodland Terrace which offers independent living,
assisted living, skilled nursing, therapy and other services to its residents in their homes meets
the Carmel Zoning Ordinance's definition of Continuing Care Retirement Community.
CONCLUSION: Yes, a community such as Woodland Terrace offers more than three levels of
"continued care" to its senior citizen residents and meets the Carmel definition of Continuing
Care Retirement Community.
I. FACTS
JUSTUS POSITION STATEMENT
REGARDING WOODLAND TERRACE'S COMPLIANCE WITH
THE CARMEL ZONING ORDINANCE CCRC DEFINITION
Woodland Terrace is a proposed continuing care retirement community. Woodland
Terrace will offer a number of services to its residents within a single community. The services
that Woodland Terrace will provide include independent apartment living, assisted living, skilled
nursing, and therapy services. These services will be provided to residents in their apartments or
through the therapy center that will be located within the community. Because Woodland
Terrace will make these services available to residents on campus or in their homes, the residents
will not have to relocate to receive services as their needs change. Residents will be able to stay
in their homes and receive the services they need to live comfortably and independently.
Upon moving into Woodland Terrace, a typical resident will be someone who is still
independent and, most frequently, not in need of any services. This individual will simply be
moving into an apartment within the community. The new resident may be downsizing in
retirement, simply looking to move to a community with more social options. While the resident
is living at Woodland Terrace, their health care needs will be monitored and, as necessary,
additional care options will be explained. These options will be presented as just that, options.
The individual resident will be allowed to pursue or not pursue additional care as the resident
deems appropriate. Woodland Terrace will, however, have these services available and provide
them as requested.
As a patient's care needs increase, they will be able to obtain services necessary to allow
them to continue to live independently in their home. These services are commonly referred to as
"assisted living services" and include non skilled services such as homemaker services,
companion services, assistance with cognitive tasks, assistance with hygiene and similar services
intended to allow an individual to remain in their home. Thus, a resident at Woodland Terrace
would be able to receive these types of non medical or non skilled support services while staying
in the apartment which they have already come to consider their home.
Eventually, this resident might require more intensive care. It may be the need for
therapy to reduce the resident's fall risk or it might be the need for a nurse to visit to set up a med
planner, change a dressing, or administer an injectable medication for the patient. The resident
will be able to obtain these services at Woodland Terrace either through the on -site therapy
Justus Woodland Terrace CCRC position statemetn 7/8/2011/9:21 AM/JD
center or within the comfort of their home, because Woodland Terrace will have skilled nursing
and therapy services available on campus.
The skilled nursing and therapy staff members will be licensed and certified as required
by state laws. A registered nurse or licensed therapist will assess the patients needs, develop an
appropriate care plan and implement that plan. The resident will receive routine follow -up from
the nurse or therapist. These providers will communicate with the resident's primary care
physician as well in order to ensure treatment continues to be appropriate and any necessary
changes are made. When a resident no longer needs the services, they would be discontinued.
The facility will also provide pharmacy services to residents. This will allow a patient to
more quickly and easily obtain necessary medications. Pharmacy will also regularly review drug
regimens to check for interactions.
Woodland Terrace will also make dietary services available through a licensed dietician.
The dietician will be available to consult with other services to develop meal plans that support
the plan of care. The dietician will also be able to recommend special eating equipment and
utensils for clients who need such support.
II. CCRC DEFINITION
The Carmel Zoning Ordinance defines a Continuing Care Retirement Community
"CCRC as "[a] place where three (3) or more levels of continued care are provided to senior
citizens, including, but not limited to: independent living, assisted living, and skilled
nursing /memory care. It can include independent apartments, detached or attached cottages, and
nursing home rooms in a congregate building, as well as support services and facilities." Carmel
Zoning Ordinance, Chapter 3, Winter 2011, vl (emphasis added).
In order for a facility to meet this definition it must provide three or more levels of
continued care to senior citizens. The zoning ordinance specifically lists three levels of care:
independent living, assisted living and skilled nursing /memory care. Although the definition
lists three types of care, it notes that this list is not exhaustive. This means a continuing care
retirement community might provide other types of care to its residents. Such other services
might include therapy services or social worker type services.
The Carmel Zoning Ordinance does not provide definitions of the listed types of care. It only
provides definitions of facility types, but it does not reference these facility definitions as
requirements for a continuing care retirement community. This leads to the conclusion that a
CCRC is not a collection of long term care facilities on one campus, but is rather a facility that
provides specific levels of care along a continuum to residents as their needs change. This
comports with the primary goal of Woodland Terrace to provide a place where an individual
can live in retirement and not have to move as the individual's needs change.
Because the CCRC zoning ordinance does not require multiple facilities on campus,
whether Woodland Terrace is a CCRC depends solely upon whether it will offer three or more
levels of continued care.
6694208
2
III. WOODLAND TERRACE MEETS THE DEFINITION'S REQUIREMENTS,
BECAUSE IT PROVIDES AT LEAST THREE LEVELS OF CONTINUED CARE.
6694208
A. Woodland Terrace residents will live in their own fully functional apartments
and have access to a number of community social functions and community
options, this makes Woodland Terrace Independent Living.
The first level of continued care Woodland Terrace will provide is independent
living. The term independent living as it relates to Continuing Care Retirement
Communities is not defined in the Carmel Zoning Ordinances'. It is also not defined in
the Indiana Code or the Indiana Administrative Code. Within the industry, the term
Independent Living generally means a retirement community where residents live in their
own fully functional apartment, but where the facility offers shared meals and other
community social activities. The primary purpose of independent living is that seniors
can continue to live in their own home and maintain their independence, while having
access to more social and other opportunities. Woodland Terrace's apartments will
provide this level of service.
Residents of Woodland Terrace will live in their own fully functional apartments
within the Woodland Terrace community setting. The apartments will have all of the
amenities of any apartment complex. Residents will be able to choose the number of
bedrooms they wish to have. They will have their own living and dining areas, private
patios/balconies, fully equipped kitchens, washer and dryer, etc. The apartments will be
the individual resident's home and the residents will not be moved from them unless they
chose to move for reasons such as downsizing due to the death of a spouse.
The primary difference between Woodland Terrace and a more traditional
apartment community is the availability of additional services. For example, Woodland
Terrace will provide transportation services, a library and business center, an activities
room, a conference room, a resident lounge, and a barber and beauty boutique. In
addition, Woodland Terrace will provide other community activities and social
programming Residents are free to participate in various activities or to not participate
as they wish. Upon moving into Woodland Terrace, the majority of residents will be
independently living. This is one level of continued care.
B. As residents' needs change, Woodland Terrace will provide the residents with
the necessary support services to allow the residents to remain in their homes.
These services are more commonly known as assisted living services.
The Justus Companies anticipate that as residents age, some will need additional
supports to stay in their homes. Woodland Terrace will provide these supports. These
supports include assistance with activities of daily living, attendant care, personal care
The terms independent living and independent living facility have different meanings
depending upon whether you are discussing facilities for the aging or the disabled.
3
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and similar services designed to allow an individual to remain independent in their home.
These services are assisted living services.
Assisted living, like independent living, is not a term that is specifically defined in
the Carmel Zoning Ordinance. There is a definition that illustrates what are assisted
living services contained with the Indiana Medicaid Waiver rules. The assisted living
Medicaid waiver regulations defines "assisted living Medicaid waiver services" as "the
array of services provided to a recipient including any of the following: (A) personal
care services, (B) homemaker services, (C) Chore Services, (D) Attendant Care Services,
(E) Companion Services, (F) medication oversight, (G) Therapeutic social and
recreational programming 460 I.A.C. 8- 1 -2(6).
Many of the listed services are further defined within the regulation. Personal
care services are defined as "assistance with: (A) eating; (B) bathing; (C) dressing; (D)
personal hygiene; and (E) activities of daily living." 460 IAC §8 -1- 2(27). Homemaker
services are defined as services consisting of general household activities, including meal
preparation and routine household care. 460 I.A.C. 8 -1- 2(19). Attendant Care Services
are services that are similar to personal care services, but also include services such as
assistance getting into and out of bed, wheelchairs, etc. and medication reminders. See.
I.C. 16 -18 -2 -28.5; see also, LC. 16 -10- 17.1 -1.
Woodland terrace will have staff present to provide these support services.
Whether an individual needs assistance with getting dressed and personal hygiene,
companionship or eating, Woodland Terrace will have staff on -site who can provide
these services to the resident in the resident's home. The personnel providing this care
will meet the appropriate regulatory criteria. By providing these services, Woodland
Terrace is providing assisted living services and is providing two levels of continuing
care.
C. Woodland Terrace will employ nurses and therapists to meet the residents
additional needs resulting from aging, illness or recovery from surgery, etc.
These services will be at the level of skilled nursing or therapy services and
represent a third level of continued care to the residents.
The Justus Companies anticipate that as the residents of Woodland Terrace age,
they may require additional services. Residents may need nursing and therapy care as
they recover from surgery such as knee or hip replacement. A resident may need therapy
to reduce the risk of falling. A resident may need nursing care for a chronic condition or
other illness. Because of this potential need, Woodland Terrace will have registered
nurses, licensed practical nurses, physical therapists, occupational therapists and speech
pathologists available to provide services to residents either in the resident's home or at
the therapy center.
Nursing services provided will include assessing a resident's health condition,
deriving a nursing diagnosis, executing nursing regimens, advocating the provision of
health care services through collaboration with or referral to other health professionals,
4
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executing regimens delegated by the patient's physician, dentist, chiropractor,
optometrist, or podiatrist and other services. See, I.C. 25- 23 -1 -1. This might include
visiting a patient who requires injectable medication, but who is unable to self inject,
dressing a wound, assessing skin to avoid skin breakdown, discussing the patient's
condition with the patient's physician in order to obtain additional or different services.
By making these services available to the residents in their homes, the residents are able
to avoid being institutionalized.
These services would be provided by licensed registered nurses or by licensed
practical nurses who are supervised by licensed registered nurses. As noted, these
services would be provided in collaboration with the patient's physician and the
physician would control the care provided by issuing written orders, which the nurses
would follow.
Providing skilled nursing care does not mean Woodland Terrace needs to be a
licensed health facility.
There has been some confusion regarding the levels of service Woodland Terrace
will provide and state regulatory requirements related to health facilities, more
commonly known as nursing homes. This appears to grow out of a misapprehension that
the CCRC definition requires a CCRC to provide nursing facility type care. As noted
above, nothing in the CCRC definition requires Woodland Terrace to operate a skilled
nursing facility in order to meet the definition of a CCRC. The CCRC definition only
requires the CCRC to provide at least three levels of "continued care." The definition
references skilled nursing care /memory as one of those levels of care. The definition
does not state that a CCRC is required include a skilled nursing facility.
Skilled nursing care can be provided outside of a nursing facility, which is what
Woodland Terrace will do for its residents. Examples of nursing services being provided
outside of a nursing facility are provided by assisted living facilities and home health
agencies. Assisted living facilities are not licensed by the state to provide "assisted
living services." These facilities are unlicensed and are only required to register with
Indiana's Medicaid Program as a requirement for being reimbursed for services. See,
I.C. 12- 10 -5 -1, et. seq. The regulatory term for an assisted living facility is a housing
with services establishment. The Indiana statutes that govern health facilities provide a
way for non licensed residential facilities, such as housing with services establishments,
to provide skilled nursing services to their residents without becoming licensed as a
residential nursing care facility. See, 410 I.A.C. 16.2- 5- 0.5(c).
Similarly, individuals across the state of Indiana receive skilled nursing, therapy
services and other care in the privacy of their homes through the use of licensed home
health agencies. See, I.C. 16- 27 -1 -1, et. seq. Home health agencies send nurses,
therapists and other health care professionals into a patient's home to provide care. The
nurse, who is licensed by the state, provides nursing care to the patient in the patient's
home. The availability of home health services allows many individuals to remain in
their homes and avoid being placed in a nursing home. The flexibility to provide nursing
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services in this fashion is a reflection that individuals prefer to stay in their homes as they
age and receive necessary care. They do not wish to be placed in a nursing home.
In addition to the skilled nursing services, Woodland Terrace will have an on -site
Therapy Center. This center will employ licensed physical therapists, licensed
occupational therapists, and licensed speech pathologists. These therapists will be
available to provide residents with rehabilitative therapies as needed. These services
might include physical therapy regimens such as "gait training," which are designed to
make a resident safer while walking and to reduce the risk of falls. A resident may have
suffered from a stroke or other incident and might require therapy to regain speech or the
ability to feed themselves. Woodland Terrace will provide this care to the residents
either in their home or at the therapy center. The availability of these services within the
community can result in a patient returning home from the hospital sooner or avoiding a
hospitalization completely, by reducing falls in the home. The availability of therapy can
also help a resident avoid having to be placed in a nursing facility, by allowing
maintenance or recovery of skills necessary to remain independent.
D. BECAUSE IT WILL PROVIDE FOUR LEVELS OF CONTINUING CARE
TO ITS RESIDENTS, WOODLAND TERRACE MEETS THE DEFINITION
OF CONTINUING CARE RETIREMENT COMMUNITY.
Woodland Terrace will provide at least four levels of continuing care to its
residents. The residents will, in most cases, move into Woodland Terrace when they are
completely independent and simply looking to move into an apartment either as part of a
general downsizing or because they desire to live in a community with more social
options. This is independent living and is the first level of "continued care."
As the residents' needs change, Woodland Terrace will have appropriately
qualified staff available to provide the residents with the support and assistance they need
to remain independent in their homes. These services may include companionship,
attendant services or personal care services. These "assisted living services" represent a
second level of continued care.
As residents' needs become more significant, Woodland Terrace will have skilled
nursing and therapy services available for its residents. These services are in addition to
the services of a dietician and a pharmacy that will be available on site. Woodland
Terrace may provide these services without having to become a licensed health facility.
Woodland Terrace will provide independent apartment living, assisted living,
skilled nursing, therapy, and other services to residents. Because it is a community that
provides three or more levels of care, Woodland Terrace meets the definition of a
Continuing Care Retirement Facility as defined in the Carmel Zoning Ordinance.
6
TAB 14
COMMITMENTS
CONCERNING USE AND DEVELOPMENT OF REAL ESTATE
Justus Homes, Inc., an Indiana corporation, "Justus makes the following commitments
(the "Commitments to the City of Carmel, Plan Commission (the "Plan Commission
Section 1. Cross Reference. These Commitments are made in connection with (i) the Plan
Commission's approval of a development plan and architectural design, lighting, landscaping
and signage application (the "DP /ADLS Application under docket number 11020013
DP /ADLS and a zoning waiver application (the "Zoning Waiver Application under docket
number 11030006 ZW. The DP /ADLS Application and the Zoning Waiver Application shall be
collectively referred to as the "Approvals" with respect to the real estate described in what is
attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate
Section 2. Definitions. The following definitions shall apply throughout these
Commitments.
A. DOCS "DOCS" shall mean and refer to the Department of Community Services of
the City of Carmel.
B. Site Plan "Site Plan" shall mean and refer to the plan that was approved by the Plan
Commission in connection with the Approvals and which plan is attached hereto and
incorporated herein by reference as Exhibit "B
C. Phase 1 "Phase 1" shall mean and refer to the first phase of building construction on
the Real Estate.
Section 3. Commitment regarding DOCS verification of building footer and protective
landscape fencing locations. Justus commits that prior to Justus requesting a footer inspection by
the Division of Building and Code Enforcement, Justus shall meet with a representative of
DOCS to verify: (i) the placement and staking of the building footer locations; and, (ii)
placement and staking of the protective tree fencing locations along the eastern facade of the
building. After DOCS conducts this meeting with Justus, then DOCS shall report to the Plan
Commission that this meeting has occurred.
Section 4. Commitment regarding construction of certain improvements in Phase 1
construction. Justus commits that if the building constructed on the Real Estate is constructed in
two (2) phases, during the Phase 1 construction Justus shall: (i) construct the courtyard area
depicted on the Site Plan; (ii) construct all surface parking areas shown of the Site Plan; and, (iii)
install any applicable lawn areas for the Phase 2 building location.
Section 5. Commitment regarding Drainage Plans. Justus commits that prior to the issuance
of a building permit, the City of Carmel, Department of Engineering shall approve all required
drainage plans for the Real Estate.
Section 6. Commitment regarding Deliveries to Northeast Service Drive. On the northeast
portion of the Real Estate there is a service drive that is depicted on the Site Plan. Justus
commits that deliveries to the service drive on the northeast portion of the Real Estate shall only
occur during the hours of 8:00 am to 6:00 pm, Monday through Friday.
Section 7. Recording of Commitments. The undersigned shall record these Commitments
with the Recorder of Hamilton County, Indiana.
Section 8. Enforcement. These Commitments may be enforced by the Plan Commission.
Section 9. Binding on Successors. These Commitments are binding upon Justus and its
successors and assigns, unless modified or terminated by the Plan Commission after a public
hearing wherein notice is provided by the rules of the Plan Commission. The provisions of this
Section 9 notwithstanding, these Commitments shall terminate as to any part or parts of the Real
Estate hereafter reclassified "Rezone on the City's official Zone Map.
Section 10. Effective Date. These Commitments shall be neither effective nor enforceable
until Justus requests and receives a building improvement location permit from the City of
Carmel; and, in the event Justus does not request or receive a building permit, these
Commitments shall be null and void.
IN WITNESS WHEREOF, Justus has caused these Commitments to be executed as of
the date identified on the Notary below.
STATE OF INDIANA
SS:
COUNTY OF
Justus Homes, Inc.
By
Walter E. Justus, President
Before me, the undersigned, Notary Public in and for the said County and State,
personally appeared Walter E. Justus, President of Justus Homes, Inc., who acknowledged
execution of the foregoing Commitments and on behalf of Justus Homes, Inc.
Witness my hand and Notarial Seal this day of 2011.
My Commission Expires:
Notary Public
Prepared by: James E. Shinaver, Nelson Frankenberger, 3105 E. 98 Street, Suite 170,
Indianapolis, IN 46280 (317) 844 -0106.
Pursuant to IC 36- 2- 11- 15(b)(c), I affirm under the penalties for perjury, that I have taken
reasonable care to redact each Social Security number in this document, unless required by law
James E. Shinaver.
Exhibit "A"
Legal Description
Lot No. 1 and Lot No. 2 in Justus Business Park, an addition to the City of Carmel, as per plat
thereof recorded August 22, 2007, as Instrument No. 2007047987, in Plat Cabinet 4, Slide 356,
in the Office of the Recorder of Hamilton County, Indiana.
Dear Kensington Place Neighbor,
DRAFT LETTER TO NEIGHBORS
I would like to personally invite you to take advantage of the many services, activities and
amenities which will be offered at the proposed Woodland Terrace Senior Living Community. Woodlawn
Terrace will be built, owned and managed by the Justus Companies, a fourth generation, family owned real
estate entity, with over one hundred years of experience. You can rest assured, if approved, the Justus
Company will build a state of the art senior community with every regard to the esthetic and environmental
conditions for which Carmel is so well known.
Woodland Terrace will offer residents and our Kensington Grove neighbors the opportunity to
enjoy a new lifestyle designed specifically for those who are 55 or older. Woodlawn Terrace will offer a
state of the art rehab facility, superb fitness center, and first -class dining, as well as educational and
entertaining activities which will make life at Woodland Terrace exceptional! The best part is; you are
invited to take part in all of the events, activities and the amenities available at Woodland Terrace.
A few of the activities residents and neighbors at other Justus owned and managed communities
are enjoying this summer include; a huge community -wide Luau, complete with Hawaiian feast, hula
dancers and Polynesian music. At Justus communities we know how much our residents love to learn, that
is why we offer a variety of different classes, such as how to create a profile, load photos, make friends
and update your status on the latest online social networking sites. Not content with a standard book club,
Justus residents are more likely to gather with friends in the hearth lounge to speak with a visiting author
who personally discusses their book during the "visiting author's book club. Other Justus residents attend
healthy cooking and nutrition classes hosted by notable local chefs, or take a yoga class specifically
designed for seniors. There are so many options for Justus residents to choose from, and soon you'll be able
to attend as well!
Although you or your loved ones may not have a current need, Woodlawn Terrace will provide 24-
hour nursing care and the capability to care for adult guests with acute medical needs or seniors recovering
from surgery needing short or long term rehabilitation services. Our promise is that every Woodlawn
Terrace resident and guest will receive five star rehabilitation care and endless hospitality as they heal and
renew in a caring environment. Residents and guests will find the Woodlawn Wellness Center is not a
typical gym. Our unique wellness goals are focused on making positive, healthy and lasting lifestyle
changes. Our wellness programs include specialty classes for those with medical conditions and are
especially geared toward seniors. Many caregivers (adult children caring for aging parents) will be
exceptionally pleased and impressed with the multiple levels of care available at Woodlawn Terrace via
advanced technology including a fully integrated healthcare software solution package.
As with all Justus communities, we encourage our neighbors to take advantage of these
neighborhood events and amenities. Further, you may be pleased to hear Woodlawn Terrace will offer
neighbors a resident referral bonus of $100 when they refer a friend or family member who moves into
Woodlawn Terrace. All we ask is that the person you refer mention your name when they first visit
Woodlawn Terrace.
We look forward to meeting our new neighbors and being a contributing member of the
neighborhood.
Sincerely,
Walter E. Justus
Copy of Commitment pages in July 19, 2011
packet given to Plan Commission members
Copy of Comm pages in July 19, 2011 packet given to Plan Commission members
Cakeignigatla
!NC 'sj NG -I .i,' �i; I_! .1l it -1 E T_i i.
Justus Homes, Inc., an Indiana corporation, "Justus makes the following commitments
(the "Commitments to the City of Cannel, Plan Commission (the "Plan Commission
Section 1. Cross $eferenee. These ,Coninitments are made in connection with (i) the Plan
Commission's approval 'of .a development. plan and architectural design, lighting, landscaping
rr and signage application (the "DP /ADLS Application under docket number 11020013
DP /ADLS and a zoning waiver application (the "Zoning Waiver Application under docket
nuinber 11030006 ZW. The DP/AIMS `Application and the Zoning Waiver Application shall be
collectively referred to as the "Approvals" with respect to the real: estate described in what is
attached hereto and incorporated herein by reference as Exhibit "A" (the "Real Estate
Section 2. Definitions: The following definitions shall apply throughout these
Commitments.
t A. DO S "DOGS "---shall mean and refer to •'the- Depaitment of Conununity Services of
the City of Carmel
B. SitePlan "SiteP1an "'shalt mean and refer to the plan that Wei approved by the Plan
Cominission.in connection with the Approvals and, which plan is attached hereto and
incorporated em
her by reference as E 4 A''
l a r the of Wilding' constructi
,C Phase l shall mean and`refe to first phase on •on
the Real Estate
`,D. Additional Zatli "Additional Path" shall mean, aadrefer to thearea shown by'a`red
line on what is attached•hereto `and incorporated herein` by feferefice as Exhibit "C"
where an additional asphalt pathway will be, constructed by Justus per its agreement
with•the�City of Carmel's Depart: nt of Engineering:
E onal used box what
dditi Trees" shall mean and refer to the twenty four (24)
Additional Trees "A trees that 'are depleted` within• the ''outlined e within the red Z on is
`attached hereto and incorporated herein by reference, as Exhibit "D".
Section 3 OommitnJent ding 'DOGS verification of `building footer and protective
landscape fencing locations. Justus commits *4 00 to ;Justus requesting a footer inspectionliy
the Division of Building' and Code Ei forcement, Justus shall meet with -;a :representative of
DOCS to verify:. (i) ,the_ placement and staling of ..the budding footer locations, and, (i1)
placement and staking of the protective tree fencing locations ;along the eastern ".fa.Cade `of the
building.. Aft DOCS'; conducts this meeting with Justus, then DOCS shall, report. to the Plan
Commission that this meeting has occurred.
Section 4 Coqunitment regardiiiie construction of certain irnproveinents in Phase 1
construction Justus coiiiniits th if the, building constructed on the Real' Estate is constructed y in
two .(2) phases;' during the Phase 'I construction Justus sh (i) construct the courtyard area
depicted on the Site Plan; (ii) construct all surface parking areas shown of the Site Plan; and, (iii)
install any applicable lawn areas for the Phase 2 building location.
Section 5. Commitment regarding Drainage Plans. Justus commits that prior to the issuance
of a building permit, the City of Carmel, Department of Engineering shall approve all required
drainage plans for the Real Estate.
Section 6. Commitment regarding Deliveries to Northeast Service Drive. On the northeast
portion of the Real Estate there is a service drive that is depicted on the Site Plan. Justus
commits that deliveries to the service drive on the northeast portion of the Real Estate shall only
occur during the hours of 8:00 am to 6:00 pm, Monday through Friday.
Section 7. Commitment. regarding Additional Path. Justus commits that it shall construct
within the right of way an Additional Path in the area shown by a red line on Exhibit "C" per its
agreement with the City of Carmel's. Department of Engineering.
Section 8. Commitment regarding Additional Trees. Justus commits that it shall plant the
Additional Trees within the area outlined within the red lined box on Exhibit "D Justus also
commits that if requested in writing by DOCS prior to the issuance of a building permit, Justus
will plant the Additional Trees so that they are dispersed out along the eastern most edges of the
Real Estate adjacent to the lots in the Kensington Place neighborhood as generally depicted by
the arrows shown on Exhibit "D-1".
Section 9. Recording of Commitments. The undersigned shall record these Commitments
with the Recorder of Hamilton County, Indiana.
Section 10. Enforcement. These Commitments may be enforced by the Plan Commission.
Section 11. Binding on Successors. These Commitments are binding upon Justus and its
successors and assigns, unless modified or terminated by the Plan Commission after a public
hearing wherein notice is provided by the rules of the Plan Commission. The provisions of this
Section 11 notwithstanding, these Commitments shall terminate as to any part or parts of the
Real Estate hereafter reclassified "Rezone on the City's official Zone Map.
Section 10. Effective Date. These Commitments shall be neither effective nor enforceable
until Justus requests and receives a building improvement location permit from the City of
Carmel; and, in the event Justus does not request or receive a building permit, these
Commitments shall be null and void.
IN WITNESS WHEREOF, Justus has caused these Commitments to be executed as of
the date identified on the Notary below.
Justus Homes, Inc.
By
Walter E. Justus, President
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