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HomeMy WebLinkAboutCorrespondence John Sullivan 07-14-11July 14, 2011 TO: All PLAN COMMISSION MEMBERS FROM: JOHN SULLIVAN, 13562 KENSINGTON PLACE, Carmel, IN. 46032 Tel. 815 -8374; Fax. 844 -2085; email ifsullivanir @earthlink.net Several items have been presented by the Kensington Association that have not been fully acknowledged. ITEM No.1 Is the project submitted by Justus a CCRC under the Carmel City Ordinance? Justus is attempting to build a Nursing /Retirement /Convalescent Facility in Carmel adjacent to Kensington Place. This attempt is pursuant to Carmel City Ordinance 2313.03 Permitted Uses_ This real estate is zoned B -6 but is in the Meridian Overlay Zone There is no disagreement that if the property does not fit within 236.03, AppendixA, Nursing /Retirement /Convalescent Facility if it is a Special Use within 23B.04, the project cannot be built. ITEM No. 2: In about July, 2009, the CCRC Ordinance including its definition was passed. Note that this was after the 2006 AppendixA enactment and in between the 2006 and the 2011 amendment to Appendix A. A CCRC is not set out in either the 2006 or the 2011 Appendix A, which for our purposes are identical, even though the CCRC came into law in July 2009. So if there was "just a mistake the same mistake was made three times within five years; first, in 2006, then when the CCRC Ordinance was enacted in 2009 which did not refer to AppendixA and then again in 2011 when AppendixA again did not refer to the CCRC or its definition. 23B.03 states that "All uses which are permitted in the underlying primary zoning district(s), except the uses expressly excluded by Appendix A: Schedule of Uses, are permitted in the U.S. 31 Overlay Zone. In Appendix A, there is a "Blank" which according to the glossary above that section, equals a Prohibited use; "Blank Prohibited'. Ordinance 23B supersedes the Comprehensive Plan and clearly states that the Nursing /Retirement /Convalescent Facility use is "Prohibited" in the Meridian Overlay. This section of the Ordinance should not be subject to interpretation. One question being asked of Justus and that is "if the word "Prohibited" is meaningless, then why is it in the Ordinance at all? The word "Prohibited" is in the glossary for a reason and the reason is that certain uses are in fact "Prohibited A CCRC definition is not included to in 2313.03 Appendix A because the Council did not want that definition to be a part of 236.03. If the Council wanted the CCRC to be a part of 238.03, it would have referred to it as such in AppendixA. The Mayor and the Council have all taken part in enacting this into law first in 2006, then the CCRC in 2009 and then a new AppendixA in 2011. If the CCRC is not in the Nursing /Retirement /Convalescent Facility section, then where is it be found, if at all? If the CCRC is not in AppendixA, then it is a Special Use. 236.04 Special Uses, states "There shall be no special uses in the US Highway 31 Overlay Zone This project should not be permitted. The definition of CCRC is contained in the Ordinance which states that a CCRC is a "Community Continuing Care Retirement" facility. That definition is not set out in Counsel's memo and the CCCR definition is not contained in AppendixA. See counsel's attached presentation in its entirety). So what is a CCRC? If someone bought an apartment in the Meridian Overlay, contracted nurses through Visiting Nurses, contracted with therapists etc., had food and drink vending machines and a room with tables and chairs to eat and drink, and bought a van to take residents to different events and appointments, according to Justus's and counsel's definition, it appears that that person would have a CCRC. Is that what we want in Carmel? Isn't that a disguised multiple family dwelling? ITEM No. 3: CRCC is also defined 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 room in a congregate building, as well as support services and facilities There is no mention of CCRC in Appendix A. Appendix does not reference CCRC as a Convalescent Facility asset forth in Appendix A. A Convalescent Facility is a place where a person convalesces. The Ordinance does not define a CCRC as a Convalescent Facility and therefore, it is not. ITEM No. 4. The 1990 commitment for the Justus property states that there shall be no more than a 50 foot building. A Commitment supersedes the interpretation of an Ordinance. Indiana Statute I.C. 36- 7 -4 -1012, et seq The Commitment in 1990 stated in part: "COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE 3. Statement of Commitments H. Owner commits that no building constructed on Real Estate 2 shall exceed the lesser of 50 feet or 4 stories in height." The building, according the most recent plan submitted by Justus, is 72 feet, measuring from the walkout basement and first story building to the top of the 8 foot parapet on its west side. Justus cannot ignore the above Commitment. Floors and the parapet must be redesigned so that they combined they do not exceed 50 from the ground on the east side to the top of the parapet on the west side. Commitments are not suggestions and they must be obeyed by subsequent purchasers and the City of Carmel. ITEM No. 5 The following items were set forth in this same Plan Commissions Findings on May 23, 2008 and have not changed. A motel was voted down by this Plan Commission and by Hamilton Superior Court, No. 3. These are the items that have not changed per the decision of this Plan Commission on April 15, 2008: "23B.03.A.2a. The proposal is not compatible with existing site features including topography and wooded area, in that the Proposal necessitates excessive utilization of retaining walls and calls for the destruction of virtually all of a mature woodland. 23B.02A.2.c: The Proposal is not compatible with the surrounding land uses, which uses have been developed without modifying the typography and woodlands so drastically. 23B/02.A.2.n: The Proposal is not compatible with existing platted residential uses, in that the building setbacks with accompanying landscape plans are not sufficient to safeguard the privacy and quiet enjoyment of the neighboring residents. 236.08: The Proposal does not orient the new building with its longest axis parallel to the adjoining street as required to create a sense of enclosure along the street, nor does the Proposal locate all parking to the rear or the side of the building as necessary to accomplish this purpose. 23610.04: The Proposal does not make a reasonable effort to protect and incorporate the existing stands of trees into the overall site design, in that fewer than 70% of all trees that are nine -inch DBH or larger and located within the perimeter buffering were presented. 24.02.6.3: The Applicant's presentation of the Proposal did not include a traffic study that provided a meaningful comparative analysis of present volumes on streets bordering the development, in that the traffic data were provided were flawed due to the times of day studied (See the Decision in its entirety attached in its entirety). The Staff is ignoring "Section k, 24.02.6.3" of this Plan Commission's finding. The Staff says that a new traffic study is not needed even though one is available to them now. This traffic study was made in May, 2011 by INDOT and is available to the City of Carmel and the Staff should be using that traffic study. I believe that the traffic study on which the Staff now relies is the same 2008 traffic study that this same Commission stated "were flawed due to the time of day studies ITEM No. 6 A July 12, 2011 email from Gary Duncan to Angelina Conn and others contains several errors per Gary Doxtater, a member of the Kensington HOA. Referring to the sub watershed in Pro Med, the email states in part that "As such, any further development within the Pro -Med Lane watershed that stays within the parameters of the previous master plan does not necessitate a study of the overall watershed of the area This type statement contained in paragraph 3, is exactly the type assumption that Kensington Place residents fear. This statements assumes that all is working well in the watershed area. THE MASTER PLAN AND THE WATERSHED AREA DOES NOT WORK NOW. Kensington Place is flooded on a regular basis. A new study is needed. In paragraph 8 of the email, Gary Duncan states: "8. Engineering Department should require the applicant to provide a "cut and fill "analysis of the total disturbed area to evaluate these two criteria(a. and b.) 23B.02.a and 236.02.2c of the 2009 Court judgment against the Holiday Inn). Angelina Conn responds "The Department of Engineering understands that the current project is not bound to the previous judgment DID THE SOIL AND DRAINAGE CHANGE WITHIN THIS THREE YEAR PERIOD? WHY IS THIS OR ANY OTHER ANALYSIS NOT BEING DONE IN ORDER TO PROTECT BOTH THE PROJECT AND ADJACENT PROPERTY OWNERS? Mr. Doxtater is out of the City at this time and will be better prepared to respond when he returns to Carmel next week. SUMMARY: The June /September, 2011 issue of Seniors Guide contains an excellent article regarding "Types of Senior Housing" in the Indianapolis area. (See the article in its entirety attached hereto). There is a chart on page 72 that shows the services Justus offers. The CCRC section is blank for all Crestwood Communities. Justus counsel does not adequately define the specific levels of care and the 2475 units do not have CCRC services per the article. (See the Seniors Guide article attached in its entirety). Those who constructed the CCRC definition may well have done so with the purpose of permitting Justus to build something on the subject real estate. If this was the intent, it is extremely clear that the wording of the Ordinance does not meet any standard by which the purported CCRC /apartment building could or should be built. As to the Nursing /Retirement /Convalescent Facility category and the enactment of the CCRC definition in July, 2009, it defies common sense that any government entity on three separate occasions, failed to reference these three categories if it was their intent to do so. The CCRC situation is, at best, confusing and unclear. We have previously discussed issues such as Kensington Place being deprived of light, air, being infiltrated by noise and artificial light, having the wooded area being substantially destroyed and the construction itself causing additional damage to the forest and damage to our residences by pile driving. Kensington Place living conditions will change substantially and not for the better. Our properties will be devalued all for the purpose of increasing the investment of Justus. The project should not be approved until it meets the standards of all Carmel City Ordinances as set forth in this communication and in prior communications. Please make this part of the permanent record in this matter. ank you for your consideration, kl 4 hn Sullivan m w w 0 w A U Jim a 0 a U V (S R U �I II t .L O y a q a� II C U U II II ad a to p r N ca a� ■ossommo ■so■ monsoon MINI ■111■©I111111■1■ 1111■■■ 1• ©111 ■1■ ■111 111111■ ©I ©IN■©©■ monsoon 1. ■111■ ■IIIII■ 111111 ■■1■ ■1■■ ■MMIMM© 111111■1■MI■■IM■ ■MEMO■■ 1111■11111111■M■ 1121 010 111■■■■■■■■■■■■■ ■MMOMI■ ■1EMm■M00M■ ■m1 ■M2201© 0111E1100MEI■■M■ EM■MMIn ■■■MINEMOIIIIIIE ■11■■E■ ■s■■2EMMIN■■ ■■s■ ■n ■1■■E■ ■01INNIMI■ monso 'I 11 ■1111111111111 111111■ ■1111 ■0001000110 10000111 1221112201100 1110010 ■11111100■ ■11111 1 0000111 ■1 ■11111111111■ ■NIMBI■ ■1■ ■111■1111■E1■ 12211I■ NOISINESS. ■11111 ■1 ■1 ■1110■ 18■22E■ 1112000001111101 sonless 122100 01 ■120 mamma■■ ■11e11100ssE■ee0 02211111 ■NE2E1100■■11e2■ 12212111 ■111 ■1■ ■1 ■1EE82■ ■2112I■ ■11111 ■11111182■ 12222N■ 1111E ■E0011EE ■D ■NIMBI■ ■1111 ®1000100 ®8D ■ONINI■ ■1211110011008 ®0 ■MIIIIn ■111111001200110 ■MINNI■ •I ■211111001200 ■10 ■MIIII■ ■111111001100110 ■®■soon =�E ■!0 ■2 ■E00 ■200100 ■B ■so■■ to p r N ca a� JUSTUS POSITION STATEMENT CE 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. PACTS 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 servi X4 will not have to relocate to receive services as their needs change. Residents will be able to stay m e>ir owes and receive the services they need to live com orta ly 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 Juslus_Woodland Terrace CCRC position statemem 7/520112:47 PM/JES center or within the comfort of their home, because Woodland Terrace will have skilled nursing and therapy services available on campus. The skilled nursing a t herapy staff m will be licensed anti certified as required L state aw= 'registers nurse or cenee erapis 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. H. CCRC DEFINITION defines a Continuing Care Retirement "CC 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. T zoning ordinance specifically lists three levels of care: iiiu..j.vu XX Y111S, cw J1Jl\LL IIY CLUU an-111%,U 11U1J1u 111Glllvl VtLLG. timmugll ULU UGIIMUUA li sts 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 reside as their needs ch ange. This with the primary goal of Woodland Terrace to provide a place where an 1 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. 2 6694203 M. WOODLAND TERRACE MEETS THE DEFINITION'S REQUIREMENTS, BECAUSE IT PROVIDES AT LEAST THREE LEVELS OF CONTINUED CARE. 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. 6694208 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 wha ar a ssis te d living services contained with the Ind iana Medicaid W niver nu pc I h,- nee,at�n as 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, I.C. 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 t meet the residents additional needs recttltin¢ from agjng, illness or r rovery frnm cnrgeM de VThese services will be at the level of skilled nursing or therapy services and represent a third level of eantinned rare to the resiilente 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. Becau of this potential need, Woodland Terrace will have reaktered nurses, licensed practical nurses-physir�a,�;p„rd c am pathologists available to provide services to residents either in the resident° h em e- rr-a4— 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 6694208 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 wires the CCRC to provide at least three levels of "continued care The definition r eferences skilled nursing care /memory 4 one of those levels of care The definition does not state that a CCRC is required include a skilled nursine 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, pt vpq Nome. b ag encies send nws@s, therapists and other health care profession is home to nrovide. earP The. nurse, w ho is licensed by the state, provides nursing care to the mine. 1 ne avanau n y or nome neaim services avows many uig1yWu their homes and avoid emg placed in a nursing ome Th flexibility to provide nursing 5 6694208 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 speeen pMlogists. Ttose ttora b e av a e o ehabrlttat 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 plac in a n ursing a ci rty, y a o r maintenance or recovery oTskills necessary to remain ind ependent. 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 6694208 IN THE CARMET, PI,AN COMNMISSI E': RE APPLICATION FOR DEVELOPMENT .PLAN AND ARCHITECTURAL DESIGN, EXTERIOR LIGHTING, LANDSCAPLNG, AND SIGNAGE APPROVAL of MIDWEST HOSPITALITY GROUP, Applicant April_ 1.5, 2008 DECISION ry fr�tt k. Docket Nos. 0 035 DP and 07070009 .ADLS Upon application and after a public hearing pursuant to the Advisory Plaiuiing Law of the State of Indiana and the Rules of Procedure of the Commission, the Commission hereby denies, by a 9-0 vote, the application for DP, ADLS approval filed by the Applicant. Members oting, to deny: Leo Dierckman, Jay Dorman, Ke ui i Rider, Rick Ripma, Carol Schlei`., Steve Stromquist, Sue Westet7neier Member voting io approve: None. ?Members absent and not voting: Dan Dutcher. Wkyne Haney, Kevin Heber, Madeleine Torres. FrNI 'IDITkGS hi accordance with the Cannel Zoning Ordinance (the "Ordinance the Commission hereby determines that the Applicant's Development Plan and ADLS Proposal (.the "Proposal'') should be disapproved pursuant to the following provisions of the Ordinance: CARMEL 0001284 §23B.02.A.2.a: The Proposal is not compatible with existing site features including topography and wooded areas, in that the Proposal necessitates excessive utilization of retaining walls and calls for th.e destruction of virtually all of a mature woodland. §23B.02.A.2,c: The Proposal is not compatible with the surrounding land uses, which uses have been developed without modifying the topography and woodlands so drastically. §23B.02.A.2.h: The Proposal does not provide for adequate vehicle and bicycle parking facilities and internal site circulation, in that the proposed bicycle path is only five feet wide, and the• parking facilities would accomin.odate only 155 vehicles when the Ordinance requires 169 to be accommodated. S2 )B.02.A.2.n: Tile Proposal is not compatible with existing platted residential uses, in that the building setback's with accompanying landscape flans are not sufficient to safeguard the privacy and quiet enjoyment of the neighboring residents. 23B.08: The Proposal does trot orient the new building with its longest axis parallel to t he adjoi -ning street as required to -,rec P. sense of ene.lOSUrc along the street, nor does tlle. ?'r4_posal locare all parkingg to the rear or the side of the buildinz as necessary to accomplish this Purpose. 23B.t1' .B: The Proposal does nor use only permitted materials for the building e�:teriors, M. .la an .1ncer:a i -.e r a g e 1 I 11 j I l il 1] p� ;Ci e ��i E11= (Ex er or 1. s;_I ?i ;i: Fl ?.iS !l<t .-VS' 37] i f.S t� Lt1 Ci'= arl terior §2 The Appl.ic"ani"s presentation of rile Pr oposal did nol include all required architectural exhibits, in that no perspective color renderings shmvinL the proposed building from locations along.; U.S. 31 were provided to the Commission, and the building elevations that CARMEL 0001285 were provided did not show how the parking structure would be ventilated nor how openings to the parking structure would fit in with the rest of the building. §23B. 10.02.C(l): The Proposal does not show a planting area equal to an area measuring 25 feet in depth by the width of the from of the building plus 20 feet out on both sides along the building faga(le that faces U.S. 31, nor does it include as an alternative an innovative and original design for the planting area as encouraged by §23B.10.0 (5). S23B.10.04: The Proposal does n.ot make a reasonable effort to protect and incorporate the existing stands of trees into the overall site design, in that fewer than 70� o of all trees that are nine -inch DBH or larger and located within the pe- rimeter buffering were preserved. §23B.16: The Proposal does not include a roof on the accessory stricture for refuse storage. §2 The applicant's presentation of the Proposal did not include a traffic study that provided a meaningful compaJ ative analysis of present volumes on streets bordering the development, in that the Irafuc data that were provided were flawed due to the tunes of day studied OgrioTing traftic. generated by Cannel Hig School students at school. start/close times) or dates of stud.- (data having been con.niie( ijurin Cannel High School vaca periods Filed in the Office of the Cannel Plan Commission this 30"' day of May, 2008. Leo Dierekman President AT T EST: Rxnona Hancock Secretary CARMEL 0001286 �I 'I •mil •t rJ Ems.. i i ;.6 IT 11 ^11 I 1 ill t I I ,iiiiii,,. „iiir,iiiiii,i alum `'4r JS Np r• Housin TYPE F enior g MAINTENANCE FREE HOMES This category includes homes, condominiums and townhomes typically sold as deeded real estate for independent living. Often maintenance free homes are referred to as villas, patio homes, carriage homes or townhomes. Retirees and pre- retirees are interested in these options because they can enjoy their free time with travel and recreation, rather than on housing chores and maintenance. SENIOR FRIENDLY APARTMENTS These apartments are for seniors that are completely independent. These communities do not have ag restrictions and are open to the general public. Many of these communities will have amenities and luxurie that seniors enjoy such as swimming pools, clubhouses and a fitness center. Many of these communities ma also offer programs /amenities that are directly geared for their senior residents such as transportation, planne activities and trips. Meal services, emergency response and medical services are not typically included. (continues on next page INDEPENDENT LIVING Independent residential communities are for seniors desiring a leisurely, hassle -free lifestyle. Choices include apartments, condos, or garden homes offering some extra services and features that many retired people would especially enjoy or find helpful. Beyond home maintenance, some services available might include social programs, transportation services, organized outings, shopping trips and sometimes limited medical services. Features might include emergency pull cords within the home, first floor access or elevators that are handicap friendly. Community features may also include meals, housekeeping and laundry. CONTINUING CARE (CCRC) These communities allow seniors to "age in place" with flexible accommodations that are designed to meet their health and housing needs as these needs change over time. Residents entering Continuing Care Retirement Communities sign a long -term contract that provides for housing, services and nursing care, usually all in one y location, enabling seniors to remain in a familiar setting as they grow older. Many, seniors enter into a CCRC contract while they are healthy and active, knowing they will be able to stay in the same community and receive nursing care should this become necessary. Continuing Care Retirement Communities offer service and housing packages that parallel independent living, assisted living, and skilled nursing facilities. Seniors who are independent may live in a single family home, apartment or condominium within the Continuing Care retirement complex. If they begin to need help with activities of daily living (e.g., bathing, dressing, eating, etc.), they may be transferred to an assisted living or skilled nursing facility on the same site. Seniors who choose to live in a Continuing Care Retirement Community find it reassuring that their long -term care needs will be met without the need to relocate. ASSISTED LIVING Assisted Living communities are for persons who need help with daily living activities but do not require nursing home care. Typically they provide help with meals, bathing, dressing, housekeeping and other needs. Services are either included in the rent or provided at an extra charge. The Indiana Department of Health -egulates and licenses assisted .living facilities as Residential Care" providers; however, many assisted Wing facilities are not licensed. ON -SITE HEALTH CARE Some assisted living, independent living, continuing care and maintenance free communities have partnered with independent, third party home care or home health agencies. An arrangement like this can allow seniors to receive care or services above and beyond the community's capabilities from an outside agency. This allows the senior to age in place for longer, and possibly delay or avoid moving into a different community to receive a new level of care. RESPITE CARE Respite Care communities offer temporary or short term care solutions. This service is intended to give caregivers or adult children a well deserved break from their daily responsibilities of caring for an older adult. The length of a respite care stay can vary from 2 days up to more than a full month. MEMORY CARE Communities which offer specialized programs for residents suffering from Alzheimer's Disease, Dementia or other forms of memory loss. Some of these communities offer a "Secured Unit" which prevents Alzheimer's Dementia patients from dangerous wandering in un- secured locations. NURSING CARE Nursing homes are facilities for seniors in need of 24 -hour nursing care. They provide many of the same care options offered in other senior communities such as room and board, personal care, protection, supervision and other types of therapy. REHABILITATION CARE Facilities that offer rehabilitative care services on a short-term or long -term basis. Communities 72 A Available on -site R Restrictions may apply to this service F -ioa e at www.SeniorsGuideOnline.com 106 -107 The Abbey Apartments SOUTHWEST INDIANAPOLIS U c y Q Z 'M U O U Ck: Q 106 -107 The Abbey Apartments SOUTHWEST INDIANAPOLIS 118 -123 Allisonville Meadows INDIANAPOLIS, IN V 78 The Altenheim Community INDIANAPOLIS, IN 118 -123 American Village EAST INDIANAPOLIS, IN V p 108 -109 Ashford Place Health Campus SHELBYVILLE, IN 81 Atrium Village Senior Apartments EAST INDIANAPOLIS, IN 115 Autumn Glen INDIANAPOLIS, IN p p R A 118 -123 Beech Grove Meadows BEECH GROVE, IN A 84 Benjamin Court NORTHEAST INDIANAPOLIS, IN 3 Berkshire of Castleton CASTLETON IN R A 108 -109 Bethany Pointe Health Campus ANDERSON, IN 118 -123 Bethany Village SOUTH INDIANAPOLIS, IN p 117 Bishop T. Garrot Benjamin Jr INDIANAPOLIS, IN V p 5 BrookHaven at County Line INDIANAPOLIS, IN 118 -123 Brownsburg Meadows BROWNSBURG,IN R 104 -105 Brownsburg Nursing Rehabilitation Center BROWNSBURG, IN p 104 -105 Cambridge Manor Nursing Rehabilitation Center NORTH INDIANAPOLIS IN p 94 Cambridge Square Apartments of Greenwood GREENWOOD, IN f 88 Carmel Health Living Community CARMEL, IN 94 Carriage House Glendale Apartments INDIANAPOLIS, IN 104 -105 Castleton Nursing Rehabilitation Center CASTLErON, IN p 106 -107 Charles Major Manor SHELBYVILLE, IN 89 The Club at Crestwood SOUTHTSIDE INDIANAPOLIS 110 Club Roland Manor BROWNSBURG IN R R R R 118 -123 Community Nursing Rehabilitation EAST INDIANAPOLIS, IN Cover 90 Country Charm Independent Assisted Living Community GREENWOOD, IN 86 -87 Countryside Manor Health Living Community ANDERSON, IN 16 118-123 2 91 2 91 2 91 2 91 106 -107 Countryside Meadows Crestwood Village East Crestwood Village North Crestwood Village South Crestwood Village West Crooked Creek Tower INDIANAPOLIS, IN EASTSIDE INDIANAPOLIS NORTHSIDE INDIANAPOLIS SOUTHTSIDE INDIANAPOLIS WESTSIDE INDIANAPOLIS NORTH INDIANAPOLIS V f R R p 115 Decatur Township Care Rehabilitation Center SOUTH INDIANAPOLIS, IN 118 -123 Eagle Valley Meadows WEST INDIANAPOLIS, IN 86 -87 Fall Creek Retirement Village PENDLEfON, IN 118 -123 Forest Creek Vi llage SOUTH INDIANAPOLIS, IN Communities 73 r Sank+l~sGg. ideOnitnexorn U A Available on -site I U Q Q R Restrictions may apply to this service L oam more at www.SeniorsGuideOnline.com a C L Q Z U 92 The Forum at the Crossing NORTHEAST INDIANAPOLIS, IN V A V 118 -123 Franklin Meadows FRANKLIN IN 93 Friendship Heathcare INDIANAPOLIS, IN 117 Georgetown Station WEST INDIANAPOLIS, IN A 95 Golden LivingCenter of Brandywine GREENFIELD, IN 95 Golden LivingCenter of Brookview INDIANAPOLIS, IN V 95 Golden LivingCenter of Indianapolis INDIANAPOLIS, IN 117 Green Park Terrace GREENWOOD IN A 96 -97 GreenTree at Fort Harrison NORTH INDIANAPOLIS, IN R A 96 -97 GreenTree at Post Road EAST INDIANAPOLIS, IN R A 85 Greenwood Health and Living Community GREENWOOD, IN f 118 -123 Greenwood Meadows GREENWOOD, IN V f 114 Greenwood Village Towers GREENWOOD, IN 94 Hampton Court Apartments INDIANAPOLIS, IN 86 -87 Harbour Manor Health Living Community NOBLESVILLE, IN 118 -123 Harcourt Terrace NORTH INDIANAPOLIS, IN 118 123 Harrison Terrace EAST INDIANAPOLIS, IN f 100 The Harrison Retirement Community INDIANAPOLIS IN A A 98 The Hearth at Prestwick AVON, IN A A A 1 103 The Hearth at Stones Crossing GREENWOOD, IN 102 The Hearth at Tudor Garden ZIONSVILLE IN A A 99 The Hearth at Windermere FISHERS, IN A 117 Heritage Place at Parkview LAWRENCE, IN 117 Hickory Grove EAST INDIANAPOLIS, IN f A 108 -109 Homewood Health Campus LEBANON, IN 110 Independent Living Club SPEEDWAY IN R jR j R R 14 -15 Indiana Masonic Homes FRANKLIN, IN V V V 118 -123 Irvington Nursing Rehabilitation INDIANAPOLIS, IN 11 Jacksons People Senior Living EAST INDIANAPOLIS, IN A 1. 8 I 87 The Lodge NOBLESVILLE, IN 106-107 Longfellow Plaza ANDERSON, IN f 1'01 Madison Health Care Center INDIANAPOLIS, IN f f 1 23 Maple Park Village WESTFIELD, IN 118 123 Meadow Lakes MOORESVILLE, IN A A A 16 -18 Miller's Merry Manor of Indianapolis EAST INDIANAPOLIS, IN V V 16 18 Miller's Senior Living Community of Castleton CASTLETON, IN V V 16 -18 Miller's Senior Living Community of Mooresville MOORESVILLE, IN f Sank+l~sGg. ideOnitnexorn I Communities 74 r� A Available on -site R Restrictions may apply to this service Learn more at www.SeniorsGuideOnline.com Community Location 117 Morning Pointe of Franklin FRANKLIN, IN w a a to y Q y Z a U co O A a V o_ ca A a c Q a i 10 -11 Morningside of College Park NORTH INDIANAPOLIS IN A A 117 Morristown Manor MORRISTOWN, IN 82 -83 Nora Commons on the Monon NORTH INDIANAPOLIS, IN 118 -123 North Capitol Nursing Rehabilitation DOWNTOWN INDIANAPOLIS 114 Park Square Manor AVON, IN A A 104 -105 Plainfield Nursing Rehabilitation Center PLAINFIELD, IN A 1 108-109 Prairie Lakes Health Campus NOBLESVILLE, IN 86 -87 Rawlins House Health Living Community PENDLETON,IN 12 -13 Rittenhouse Senior Living of Indianapolis NORTH INDIANAPOLIS IN R A 118 -123 Riverwalk Village NOBLESVILLE, IN O 110 Roland's Golden Memories PLAINFIELD IN R R R R I 118 -123 Rosegate Assisted Living Garden Homes 118 -123 Rosegate Healthcare Center SOUTH INDIANAPOLIS, IN SOUTH INDIANAPOLIS, IN 118 -123 Rosewalk at Lutherwoods SOUTH INDIANAPOLIS, IN A R 115 Rosewalk on Main CARMEL, IN 118 -123 Rosewalk Village of Indianapolis EAST INDIANAPOLIS, IN 96 -97 Samara Memory Care at Post Road EAST INDIANAPOLIS IN R A 111 Sanders Glen WESTFIELD.IN A 108 -109 Silver Oaks Health Campus 106-107 Southdale Tower COLUMBUS, IN ANDERSON, IN 118 -123 Spring Mill Meadows NORTH INDIANAPOLIS, IN 108 -109 Springhurst Health Campus GREENFIELD, IN 19 The Stratford at WestClay CARMEL, IN A R 106 -107 University Center for Seniors NORTH INDIANAPOLIS IN A 85 University Heights Health Living Community INDIANAPOLIS, IN 106 -107 Villa at Sacred Heart SOUTH INDIANAPOLIS, IN 112 Village Oaks 118 -123 Washington Healthcare Center INDIANAPOLIS, IN A A WEST INDIANAPOLIS, IN 108 -109 Waterford Place Health Campus 118 -123 Wellington Manor Rehabilitation Nursing Center 8 -9 Westside Garden Plaza 113 Wyndam Hall Apartments KOKOMO,IN EAST INDIANAPOLIS, IN WEST INDIANAPOLIS, IN EASTSIDE INDIANAPOLIS, IN 11 R 123 Zionsville Meadows ZIONSVILLE, IN SeniorsGui leOnllneo orn