HomeMy WebLinkAboutLetter #13 Spring Lake Estates HOAMay 10, 2023
City of Carmel Plan Commission
C/O Joe Shestak Plan Commission Administrator
Carmel City Hall
One Civic Square
Carmel, IN 46032
jshestak@carmel.in.gov
317-571-2419
Re: PZ-2022-00238 ADLS: Tru Hotel Carmel
Members of the Plan Commission:
The Meridian Corridor Parking Standards requires 289 parking spaces for the parking needs of
the Medical Office Building and Tru Hotel. We are sharing with you our analysis that shows the
current plans for the Tru Hotel that are going through the ADLS approval process in 2023 do
not provide the minimum legally required number of parking spaces. The parking shortage is
far greater than the 10 spaces that DOCS staff have used to describe the parking shortfall
during the 2023 ADLS approval process.
289 Parking Spaces Required
19060018 DP: Carmel Hotel & Office in 2019 approved a site plan for the Medical Office
Building (MOB) and Tru Hotel. In 2019 both buildings were shown located on a single parcel
that is referred to as the “primary parcel” in the approval process. During the 19060018 DP:
Carmel Hotel & Office approval process the DOCS (Department Report 10-15-19) stated that
these 2 buildings were required to have 289 parking spaces on the primary parcel to meet the
minimum parking requirements of the Meridian Corridor Parking Standards:
Hotel requires 1 space per room and 1 per employee per largest shift (25) - 152 required
Office requires 1 space per 350 sq. ft. - 137 required
All of the parties in 2019 agreed that these 289 required parking spaces would be provided as
follows:
A. 133 spaces would be provided by the developer on the primary parcel
B. The remaining required parking spaces (156) would come from a shared parking agreement
(Parking Easement Agreement_Recorded 06-18-20) with the Ritz Charles.
Parking Deficits A, B and C described below show that the site plan for the primary parcel
approved during the 2019 19060018 DP: Carmel Hotel & Office process did not provide the
parking spaces required by the Meridian Corridor Standards. Parking Deficits A, B and C below
also show that the deviation between what the Meridian Corridor Standards require and the
unrestricted parking available for use by the Tru Hotel is even greater in 2023.
Parking Deficit A: 29 Parking Spaces Lost From Overstating Number Of Parking
Spaces Available From the Ritz Charles Through A Shared Parking Agreement
When you read Parking Easement Agreement_Recorded 06-18-20, that document grants the
Tru Hotel and Medical Office Building:
“A perpetual, non-exclusive easement on, over and across the North Ritz Parcel, for the use of
the parking spaces (as they are constructed and as modified from time to time and as limited
below) located in and on the North Ritz Parcel……
Only the parking spaces on the “North Ritz Parcel” are shared with the Tru Hotel and MOB.
Figure 1 shows the “North Ritz Parcel.” The location of
the North Ritz Parcel is also shown on page F1 of Parking
Easement Agreement_Recorded 06-18-20 .
Page F1 of the parking agreement shows 135 spaces
were available for sharing on the North Ritz Parcel in
2019. Figure 1 on the right shows that there are 127
available today.
The parking agreement with the Ritz Charles added only
135 parking spaces in 2019 and adds only 127 parking
spaces in 2023.
When you add the 135 spaces that existed in 2019 on
the North Ritz Parcel to the 133 spaces agreed to in 2019
on the primary parcel, the 2019 plan only provides 268
parking spaces and not the 289 spaces that are required.
This means that 19060018 DP: Carmel Hotel & Office
approved a plan in 2019 that provided 21 fewer spaces
than the Meridian Corridor Parking Standards require.
Figure 1. “North Ritz Parcel”
When you add the 127 spaces that exist today (Figure 1) on the North Ritz Parcel to the 133
spaces agreed to in 2019 on the primary parcel, the current Tru Hotel plan going through
ADLS approval in 2023 provides 260 parking spaces and not the 289 spaces that are required.
This means that PZ-2022-00238 ADLS: Tru Hotel Carmel that is currently going through the
approval process provides 29 fewer spaces than the Meridian Corridor (MC) Parking Standards
require.
Summary Parking Deficit "A"
A. MC Parking Standard Required Parking: = 289
B. Parking Proposed on Primary Parcel: = 133
C. Shared Parking From Ritz Chares: = 127
D. Cumulative Deficit From MC Parking Standards: = 29 (A – (B + C))
Parking Deficit B: 8 Parking Spaces Lost From Tru Hotel Site Plan Changes
In 2023 at the start of the Tru Hotel ADLS approval process, the site plan for the Tru Hotel
that was approved in 2019 was changed. The developer moved the hotel entrance from the
north side of the Tru Hotel building to the west side. The location of the trash receptacle was
changed. These changes resulted in a loss of 26 parking spaces on the primary parcel. See
Figure 2 and 3 below.
Figure 2. 2023 Parking Spaces on Tru Hotel Parcel After Site Plan Changes
Figure 3. 2023 Parking Spaces on Tru Hotel Parcel After 2023 Site Plan Changes
Figure 4. 2023 Parking Spaces on Medical Office Building Parcel
Figures 2, 3 and 4 above show the parking spaces available on the primary parcel following
the Tru Hotel site plan changes in 2023:
Tru Hotel = 33 spaces
Medical Office Building = 92 spaces
Total 2023 Unrestricted Primary Parcel Parking Spaces: 125 spaces
The PZ-2022-00238 ADLS: Tru Hotel Carmel process started in 2023 with a parking deficit of 8
spaces from Tru Hotel site plan changes.
Summary Parking Deficit "B"
A. MC Parking Standard Required Parking : 289
B. Parking Proposed on Primary Parcel: 133
C. Parking Proposed on Primary Parcel in 2023 After Site Changes: 125
D. Shared Parking From Ritz Chares: 127
E. Parking Deficit A: 29
F. Parking Deficit B: 8 Spaces
G. Cumulative Parking Deficit From MC Parking Standards (E+F) = 37
Also, removing 26 spaces from the Tru Hotel site plan all parties agreed to in 2019 and leaving
just 33 planned spaces on the Tru Hotel parcel may be a violation of the 2021 parking
agreement between the Tru Hotel and the Medical Office Building (Shared Parking Agreement
10-29-21) discussed below. At paragraph 9 this parking agreement refers to Lot 2 which is
the Tru Hotel and says:
“Notwithstanding the foregoing, in no event will Lot 2 Owner make any additions,
modifications or improvements that would (a) permanently reduce the number of parking
spaces available on Lot 2 below 50 spaces or such other number as required to maintain
sufficient parking to serve the improvements on Lot 1 and Lot 2 required by then applicable
zoning ordinances without the prior written consent of Lot 1 Owner;”
Parking Deficit "C": 17 or 37 Parking Spaces Lost (Depending on Day of Week and
Time of Day) From The Tru Hotel – Medical Office Building Parking Agreement
A parking agreement between the Tru Hotel and Medical Office Building (MOB) was signed in
2021 (Shared Parking Agreement 10-29-21). This parking agreement restricts the use of 37 of
the 92 spaces on the MOB parcel making 37 spaces on the primary parcel unavailable for
sharing with the Tru Hotel. In the parking agreement Lot 1 refers to the MOB and Lot 2 refers
to the Tru Hotel. On page 2 the parking agreement grants:
(b) A perpetual, non-exclusive easement on, over and across Lot 1, for the use of the parking
spaces (as they are constructed and as modified from time to time) located on Lot 1, subject
to Lot 1's reservation of designated reserved parking spaces for physicians, patients and
visitors and handicapped accessible parking, all of which shall be reasonable (the "Lot 1
Restricted Spaces" which Lot Restricted Spaces shall mean only, and no more than: (i) the
parking spaces located on the north side of and adjacent to the MOB; and (ii) between the
hours of 7:30 A.M. and 6:00 P.M. Monday thru Friday only, the parking spaces located on the
southside of and adjacent to the MOB (the "Lot 2 Parking Easement"); and the Lot 1 Restricted
Spaces shall not be available for parking to the Lot 2 Owner Benefitted Parties.”
Figure 5. 37 Medical Office Building Parking Spots Have Restrictions
The 2021 parking agreement restricts all of the time the 17 parking spaces on the north side
of the MOB (Figure 5) for the use of MOB doctors and patients. The agreement also restricts
the use of the 20 parking spaces on the south side of the MOB M-F 7:30 AM to 6:00 PM to
MOB doctors and patients. This parking agreement reduces the number of parking spaces that
could be used by the Tru Hotel from 92 to 75 or 55 depending on the day of the week and the
time of day. This parking agreement violates a condition stated in the Letter of Grant that
concluded the 2019 19060018 DP: Carmel Hotel & Office approval process.
“APPROVED with CONDITIONS: Docket No. 19060018 DP: Carmel Hotel and Office 1. The only
dedicated/reserved parking spaces will be located on north side of the medical office building
for limited hours of the day (i.e. business hours).”
Summary Parking Deficit "C"
A. MC Parking Standard Required Parking : 289
B. Parking Proposed on Primary Parcel: 133
C. Shared Parking From Ritz Chares: 127
D. Parking Deficit A: 29
E. Parking Deficit B: 8 Spaces
F. Parking Deficit C: 17 or 37 spaces depending on day of the week and time of day
G. Cumulative Deficit From MC Parking Standards: (D + E + F) = 54 or 74 depending on day
of the week and time of day
When Parking Deficits A, B and C Are Applied To The Traffic Study, Significant
Parking Shortages Emerge.
When you look at the developer’s estimate of hourly parking demand and supply for the
Medical Arts Building and Tru Hotel (Traffic Study) it looks like the shared parking agreement
with the Ritz Charles will prevent a parking shortage from actually occurring (Figure 6 below).
Figure 6. Developer’s Traffic Study Showing Hourly Demand and Parking Supply
However, there are problematic assumptions that have been used to reach the numbers
provided at Arrow 1 and Arrow 2 above.
Arrow 1: Moving the entrance and trash receptacle (Deficit B) along with the 2021 parking
agreement between the Tru Hotel and Medical Office building (Deficit C) has reduced the
available parking spaces on the primary parcel to either 108 or 88 today, depending on the
day of the week and time of day.
A. Total Existing or Planned Parking Spaces on Primary Parcel in 2023: = 125
B. Parking Spaces Restricted Full Time on North Side Medical Arts Building: = 17
C. Park Spaces Restricted South Side of Medical Arts Building M-F 7:30 AM – 6:00 PM: = 20
Parking Spaces On Primary Parcel Available To Share With Tru Hotel
108 Full Time Available Spaces For Tru Hotel (A – B)
88 Spaces Available M-F 7:30 AM – 6:00 PM For Tru Hotel A – (B + C)
The primary parcel does not provide either the 137 parking spaces shown at Arrow 1 above or
the 133 parking spaces that the developer is required to provide so the number of parking
spaces on the primary parcel when combined with the number of parking spaces from the
shared parking agreement with the Ritz Charles adds up to the 289 parking spaces required by
the Meridian Corridor Parking Standards.
Arrow 2: The (Parking Easement Agreement_Recorded 06-18-20) between the Tru Hotel and
the Ritz Charles makes 127 parking spaces available on the Ritz Charles North Lot (Figure 1)
for use by the Tru Hotel and MOB not 160 as shown at Arrow 2 above (Figure 6).
The number of spaces on the primary parcel at Arrow 1 in Figure 6 should be changed to
either 108 or 88. The actual number number of existing or planned for space on the primary
parcel in 2023 is 125. You reach 125 spaces by adding the 92 existing spaces on the MOB
(Figure 5) and 33 planned spaces on the Tru Hotel (Figure 2 and 3). However only 108 of the
125 total spaces on the primary parcel are unrestricted full time and only 88 are unrestricted
M-F 7:30 AM – 6:00 PM.
Figure 7 below uses the corrected number of unrestricted spaces available in 2023 on the
primary parcel (108 or 88) and the correct number of parking spaces available from the Ritz
Charles (127) to show how how hourly parking supply and demand changes on a weekday.
Parking demand “Total Spaces Needed” numbers were provided by the developers Traffic
Study shown in Figure 6 above.
Figure 7. Traffic Study Correcting Errors At Arrow 1 and Arrow 2 in
Developer’s The Traffic Study (Figure 6)
The 235 “Total Spaces Provided” for parking between 12:00 AM and 8:00 AM and 6:00 PM and
11:00 PM in Figure 7 comes from 75 unrestricted spaces being available on the MOB, 33
spaces available from the Tru Hotel and 127 spaces available on the Ritz Charles North Parking
Lot.
75 + 33 + 127 = 235 spaces
The 215 “Total Spaces Provided for parking between 7:30 AM and 6:00 PM comes from 55
unrestricted spaces being available on the MOB, 33 spaces available from the Tru Hotel and
127 spaces available on the Ritz Charles North Parking Lot.
55 + 33 + 127 = 215 spaces
Figure 7 corrects the developers figures for hourly “Total Spaces Needed” with numbers that
reflect the smaller number of spaces that are available for sharing from the Ritz Charles
(Deficit A); parking spaces lost due to recent changes in the Tru Hotel site plan (Deficit B) and
parking spaces lost due the parking agreement between the Tru Hotel and Medical Office
Building (Deficit C). Using these corrected figures, the parking study predicts a significant
parking shortage weekdays between 8:00 AM and 6:00 PM.
In conclusion, we are asking the Plan Commission to NOT approve PZ-2022-00238 ADLS: Tru
Hotel Carmel because:
1. The total parking spaces provided on the primary parcel in 2023 (125) combined with the
number of parking spaces available via a shared parking agreement with the Ritz Charles
(127) do not provide the 289 parking spaces required by the Meridian Corridor Parking
Standards.
Figure 2 and 3 show 33 parking spaces are planned for on the Tru Hotel parcel. Figure 4 shows
92 parking spaces exist on the finished Medical Office Building parcel. Therefore, 92 + 33 =
125 parking spaces are planned for on the primary parcel. When these 125 spaces are
combined with 127 spaces available via the shared parking agreement with the Ritz Charles
there is a total of 252 parking spaces available for the parking needs of the Tru Hotel and
MOB. The Meridian Corridor Parking Standards require 289 spaces. To provide the total
number of unrestricted parking spaces the ordinance requires, the Tru Hotel appears to need
37 more unrestricted parking spaces. However, this does not take into account the the impact
of the parking agreements between the Tru Hotel and MOB on the parking supply.
2. The parking agreement between the Tru Hotel and Medical Office Building takes things
further away from reaching the 289 spaces the MC Parking Standards require. This parking
agreement restricts the use of 17 or 37 of the MOB parking spaces on the primary parcel
depending on the day of the week and time of day. Because of this parking agreement, the
number of unrestricted parking spaces on the primary parcel falls from the 125 total spaces
existing or planned for today to 88 parking spaces available for Tru Hotel use on M-F between
7:30 AM and 6:00 PM. When these 88 unrestricted spaces are combined with 127 spaces
available via the shared parking agreement with the Ritz Charles, there is a total of 215 spaces
spaces available for Tru Hotel and MOB parking. The Meridian Corridor Parking Standards
require 289 spaces. To provide the total number of unrestricted parking spaces the ordinance
requires, the Tru Hotel needs not 10 or 37 more spaces but 74 more unrestricted parking
spaces on M-F from 7:30 AM – 6:00 PM.
The parking agreement between the Tru Hotel and the Medical Office Building (Shared Parking
Agreement 10-29-21) violates a condition stated in the Letter of Grant that concluded the
2019 19060018 DP: Carmel Hotel & Office approval process. The current Tru Hotel site plan
also appears to violate the 2021 Shared Parking Agreement 10-29-21 because the Tru Hotel is
only providing 33 spaces and the parking agreement requires 50. The 33 spaces the Tru Hotel
adds to the primary parcel leaves the primary parcel at 125 spaces. This is below the 133
spaces that need to be in place on the primary parcel to combine with 127 spaces from the
Ritz Charles to each the 289 spaces required by the Meridian Corridor Parking Standards. The
parking agreement prohibits the Tru Hotel (Lot 2 Owner) from not complying with the
requirements of the Meridian Corridor Parking Standards:
“Notwithstanding the foregoing, in no event will Lot 2 Owner make any additions,
modifications or improvements that would (a) permanently reduce the number of parking
spaces available on Lot 2 below 50 spaces or such other number as required to maintain
sufficient parking to serve the improvements on Lot 1 and Lot 2 required by then applicable
zoning ordinances without the prior written consent of Lot 1 Owner;”
This 2021 Shared Parking Agreement 10-29-21 between the Tru Hotel and MOB is not aligned
with the plan approved in 2019 where all parties agreed that the primary parcel would provide
133 parking spaces with the only restricted spaces being on the north side of the MOB.
3. The proposed Tru Hotel site plan and parking agreement with the Ritz Charles needs 74
more unrestricted parking spaces to reach the 289 spaces required by the Meridian Corridor
Parking Standards. Hopes that this parking shortage that appears on paper today will not
materialize in the real world in the future are not supported when looking at Figure 7. Using
the developer’s best estimates of hourly parking demand for the MOB and Tru Hotel and
accurate figures of hourly parking supply, Figure 7 shows that significant parking shortages
will emerge if a 5 story hotel is inserted into the current situation.
Homeowners and businesses have the reasonable expectation that nearby development
proceeds in an orderly, planned for manner without violating existing zoning ordinances.
Please do not approve the plans for a 5 story hotel until a document is produced that
neighboring businesses and homeowners agree complies with the Meridian Corridor Parking
Standards and provides convincing evidence of parking sufficiency.
Sincerely,
Erica Hendricks
President, Spring Lake Estates HOA
Carmel, Indiana 46032
Ed Balda
Spring Lake Estates HOA Board Member
Carmel, Indiana 46032
Mark Dewart
Spring Lake Estates HOA Board Member
Carmel, Indiana 46032
Aumnia Elarabi
Spring Lake Estates HOA Board Member
Carmel, Indiana 46032