Z-584-14 Drury Plaza Hotel PUD Sponsors: Councilor Rider
CARMEL, INDIANA
DRURY PLAZA HOTEL
PLANNED UNIT DEVELOPMENT DISTRICT
ORDINANCE Z-584-14
December 23, 2013
Sponsors: Councilor Rider
ORDINANCE Z-584-14
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL,INDIANA
ESTABLISHING
THE DRURY PLAZA HOTEL
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, Section 31.6.4 of the Carmel/Clay Zoning Ordinance Z-289, as amended
(the "Zoning Ordinance"), provides for the establishment of a Planned Unit Development
District in accordance with the requirements of I.C. § 36-7-4-1500 et seq.; and
WHEREAS, the Plan Commission has given a favorable recommendation to this PUD
district ordinance (the "Drury Plaza Hotel Ordinance"), which establishes the Drury Plaza Hotel
Planned Unit Development District (the "Drury Plaza Hotel District") with respect to the real
estate legally described in Exhibit A(the"Real Estate"); and,
WHEREAS, the Plan Commission, in reviewing this Drury Plaza Hotel Ordinance and in
favorably recommending to the Council the enactment of this Drury Plaza Hotel Ordinance, has
considered and granted (i) DP Approval of the Drury Development Plan (defined below) and (ii)
ADLS Approval of the Hotel Building (defined below).
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC §36-7-
4-1500 et seq., the Council adopts this Drury Plaza Hotel Ordinance, as an amendment to the
Zone Map, (ii) all prior ordinances including, without limitation, the US Highway 31 Corridor
Overlay Zone, are hereby made inapplicable to the use and development of the Real Estate, (iii)
all prior commitments and restrictions applicable to the Real Estate shall be null and void and
replaced and superseded by this Drury Plaza Hotel Ordinance, and (iv) this Drury Plaza Hotel
Ordinance shall be in full force and effect from and after its passage and signing.
Section 1. Applicability of Ordinance.
Section 1.1 The Zone Map is hereby changed to designate the Real Estate as a Planned
Unit Development District to be known as the Drury Plaza Hotel District.
Section 1.2 Development in the Drury Plaza Hotel District shall be governed entirely
by (i) the provisions of this Drury Plaza Hotel Ordinance and its exhibits, and (ii) those
provisions of the Zoning Ordinance specifically referenced in this Drury Plaza Hotel
Ordinance.
Section 2. Definitions and Rules of Construction.
Section 2.1. General Rules of Construction. The following general rules of
construction and definitions shall apply to the Drury Plaza Hotel Ordinance:
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A. The singular number includes the plural and the plural the singular, unless
the context clearly indicates the contrary.
B. Words used in the present tense include the past and future tenses, and the
future the present.
C. The word "shall" indicates a mandatory requirement. The word "may"
indicates a permissive requirement.
Section 2.2. Definitions. The definitions (i) of the capitalized terms set forth below in
this Section 2.2, as they appear throughout this Drury Plaza Hotel Ordinance, shall have
the meanings set forth below in this Section 2.2 and (ii) of all other capitalized terms
included in this Drury Plaza Hotel Ordinance and not defined below in this Section 2.2,
shall be the same as set forth in the Zoning Ordinance.
"ADLS": The architecture, design, exterior lighting, landscaping and signage
associated with a Building.
"ADLS Approval": Approval by the Plan Commission of architecture, design,
lighting and landscaping and signage pursuant to Chapter 24 of the Zoning
Ordinance and the Development Requirements.
"Architectural Standards": The Architectural Standards attached hereto and
incorporated herein by reference as Exhibit C (Architectural Standards).
"BZA": The Carmel Board of Zoning Appeals.
"City": The City of Carmel, Indiana.
"Controlling Developer": The Controlling Developer shall mean Drury
Development Corporation. The rights of the Controlling Developer may be
transferred by the Controlling Developer, in its sole discretion, in whole or in part,
but only by a written instrument, signed by the Controlling Developer.
"Development Plan" or "DP": A specific plan for the development of the Real
Estate, or any portion thereof, which is submitted for approval, showing proposed
locations of facilities,Buildings, and Structures.
"Development Plan Approval" or "DP Approval": A Development Plan
Approved by the Plan Commission pursuant to Chapter 24 of the Zoning
Ordinance.
"Director": The Director of the City's Department of Community Services.
"Drury Development Plan" or "Drury DP": The Development Plan attached
hereto and incorporated herein by reference as Exhibit B, which is part of the DP
Approval granted by the Plan Commission in connection with the Plan
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Commission's review and favorable recommendation of this Drury. Plaza Hotel
Ordinance. Any amendment to the Drury Development Plan shall be subject to
Section 12 of this Drury Plaza Hotel Ordinance.
"Development Requirements": Written development standards and any written
requirements specified in this Drury Plaza Hotel Ordinance, which must be
satisfied in connection with the approval of a Development Plan.
"Hotel Building": The Building occupied by a Hotel use, as depicted on the
Drury Development Plan and as illustrated by Exhibit D (Hotel Building —
Architectural Design) and by Exhibit E (Hotel Building — Exterior Lighting,
Landscaping and Signage), which are part of the Plan Commission's ADLS
Approval granted by the Plan Commission in connection with the its review and
favorable recommendation of this Drury Plaza Hotel Ordinance. Any amendment
to the ADLS Approval of the Hotel Building shall be subject to Section 11 of this
Drury Plaza Hotel Ordinance.
"Parking Space(s)": An area, unenclosed or enclosed in a Building or in an
Accessory Building, permanently reserved for the temporary storage of one
automobile and connected with a street or alley.
"Plan Commission": The City's Plan Commission.
"Real Estate": The Real Estate legally described in Exhibit A (Legal
Description).
"Restaurant": A Use permitted on the Real Estate the operation of which
excludes drive-thru food service.
"Restaurant Building": The Building occupied by a Restaurant Use as depicted
on the Development Plan.
"Restaurant Building Conceptual Character Imagery": These comprise the
elevations and renderings, attached hereto as Exhibit F, and are intended to
generally and conceptually illustrate an application of the Development
Requirements and elements of the anticipated character of the Restaurant Use
permitted in the Drury Plaza Hotel District. Conceptual Character Imagery are
general and preliminary in nature and are not intended to delineate exactly what
will be built and developed. For instance, fmal Building designs will comply with
the Architectural Standards but will likely vary from the Conceptual Character
Imagery of the Restaurant Building.
"Sign": Any type of sign as further defined and regulated by this Drury Plaza
Hotel Ordinance and Section 25.07: Sign Ordinance of the Zoning Ordinance.
Any structure, fixture, placard, announcement, declaration, device demonstration
or insignia used for direction, information, identification or to advertise or
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promote any business,product, goods, activity, services or any interests.
"Subdivision Control Ordinance": The City's Subdivision Control Ordinance,
No. Z-160, as amended.
"Zone Map": The City's official Zone Map corresponding to the Zoning
Ordinance.
Section 3. Accessory Buildings and Uses. All Accessory Structures and Accessory Uses
allowed under the Zoning Ordinance shall be permitted in the Drury Plaza Hotel District;
provided, however, that (i) any detached Accessory Structure shall have on all sides the same
architectural features and construction materials, and be architecturally compatible with the
principal Building(s) with which it is associated and(ii) all Antennas shall be either concealed or
camouflaged by Building parapet walls, mechanical screens, or other design methods.
Section 4. Permitted Uses and Development Requirements:
Section 4.1. Permitted Uses:
A. Hotel; and,
B. Restaurant without drive-thru food sales
Section 4.2. Applicable bulk requirements:
A. Minimum Front Building Setback:
1. From I-465: Seventy-five (75) feet
2. From 96th Street and Meridian Street: Thirty(30) feet
C. Minimum side yard: Ten(10)feet
D. Minimum Building Height:
1. Hotel Building—One Hundred(100)feet
2. Restaurant Building—Sixteen(16)feet
E. Maximum Building Height:
1. Hotel Building—One Hundred and forty(140) feet
2. Restaurant Building—Forty-five (45) feet
F. Minimum Gross Floor Area:
1. Hotel Building—one hundred and sixty thousand(160,000) square feet
2. Restaurant Building—Five thousand(5,000) square feet
Section 4.3. Applicable landscaping requirements are contained in Section 5 of this Drury
Plaza Hotel Ordinance.
Section 4.4. Applicable lighting requirements are contained in Section 6 of this Drury
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Plaza Hotel Ordinance.
Section 4.5. Applicable signage requirements are contained in Section 7 of this Drury
Plaza Hotel Ordinance.
Section 4.6. Applicable parking requirements are contained in Section 8 of this Drury
Plaza Hotel Ordinance.
Section 4.7. Applicable pedestrian circulation standards are contained in Section 9 of this
Drury Plaza Hotel Ordinance.
Section 4.8. Applicable additional requirements and standards are contained in Section 10
of this Drury Plaza Hotel Ordinance.
Section 4.9. Applicable Building Architecture, Lighting, Landscaping and Signage
Requirements:
A. The applicable Architectural Standards are contained within Exhibit C
(Architectural Standards).
B. The Hotel Building's (i) architectural design is illustrated in Exhibit D (Hotel
Building — Architectural Design) and (ii) exterior lighting, landscaping and
signage is illustrated in Exhibit E (Hotel Building — Exterior Lighting,
Landscaping and Signage).
C. The Conceptual Character Imagery of the Restaurant Building architecture is
contained in Exhibit F (Restaurant Building—Conceptual Character Imagery).
Section 5. Landscaping Requirements.
Section 5.1. General Landscaping Standards. Landscaping shall be integrated with
and shall complement other functional and ornamental site design elements, such as
hardscape materials,paths, sidewalks, fencing, or any water features.
A. Plantings along Buildings and streets shall be designed with patterns, and
complementary textures and colors, to reinforce the overall character of the
area. Alternative Planting Media may be incorporated and may include but
are not limited to portable planters and/or raised planting beds.
B. All trees, shrubs and ground covers shall be planted according to current
American Standard for Nursery Stock (ANSI Z60.1), and the standards and
best management practices (BMPs) published by the City's Urban Forestry
Program. Landscaping materials shall be appropriate for local growing and
climatic conditions. Plant suitability, maintenance and compatibility with site
construction features are factors that shall be addressed. The City's planting
details shall be used.
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C. Shade trees shall be at least 2.5 inches in caliper when planted. Ornamental
trees shall be at least 1.5 inches caliper when planted. Evergreen trees shall be
at least 6 feet in height when planted and can be substituted for (in place of)
shrubs with 1 evergreen tree equal to 3 shrubs. Shrubs shall be at least 18
inches in height when planted. Ornamental grasses that obtain a mature height
of at least 3 feet may be substituted (in place of) shrubs on a 1 to 1
(equivalent)basis. Shade trees may be substituted for(in place of) ornamental
trees on a 1 to 1 (equivalent) basis. The preservation by replacement of
existing plant material is subject to the same size and substitution
requirements note in this Section 5.1.C.
D. Existing vegetation may be used to achieve project landscaping requirements
if(i) the vegetation located on subject parcel is of suitable quality and health,
(ii)the vegetation is required to be preserved using accepted best management
practices (BMP's) for tree protection during construction and (iii) the
vegetation is identified on an approved landscape plan as used to achieve
project landscaping requirements. Replacement of existing plant material
included on an approved landscape plan used to achieve project landscaping
requirements that later dies shall be subject to the same replacement standard
for landscape material set forth in Section 5.1(C)above.
E. All landscaping approved as part of an ADLS plan shall be installed prior to
issuance of the first Certificate of Occupancy for a Building with an approved
ADLS; provided, however, that when because of weather conditions, it is not
possible to install the approved landscaping before the issuance of a
Certificate of Occupancy, a temporary Certificate Of Occupancy shall be
requested, which shall be conditioned upon a determined time to complete the
installation of the uninstalled landscape material.
F. All landscaping is subject to ADLS approval. No landscaping which has been
approved by the Plan Commission may later be substantially altered,
eliminated or sacrificed without first obtaining further approval from the Plan
Commission or a committee thereof;provided,however, that minor alterations
of up to ten (10) percent landscaping may be approved by the Director or the
Director's designee in order to conform to specific site conditions.
G. Maintenance: It shall be the responsibility of the owners and their agents to
insure maintenance of project landscaping approved in accordance with the
PUD requirements. This is to include, but is not limited to, replacing dead,
diseased, or overgrown plantings with identical varieties or a suitable
substitute, and keeping the area free of refuse, debris, rank vegetation and
weeds.
Section 5.2. Areas to be Landscaped.
A. Perimeter Plantings. See Section 5.3 below.
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B. Foundation Plantings. See Section 5.4 below.
C. Interior Parking Lot Plantings. See Section 5.5 below.
D. Screening Areas. See Section 5.6 below.
Section 5.3. Perimeter Plantings.
A. Perimeter landscaping along the property lines shall be provided in the forms
of(i) a minimum ten(10) foot perimeter planting strip for portions of the Real
Estate abutting Meridian Street and 96th Street, (ii) a minimum ten (10) foot
perimeter planting strip along the portions of the east property line of the Real
Estate not adjacent to the Hotel Building and (iii) a minimum five (5) foot
perimeter planting strip for portions of the Real Estate abutting I-465.
B. Seven (7) shade trees, three (3) ornamental trees, and twenty five (25) shrubs
and/or ornamental grasses per one hundred (100) lineal feet of planting strip
shall be provided within the planting strip for portions of the Real Estate
abutting I-465, and those portions of 96th Street that are greater than ninety
(90)feet from a proposed or existing Building.
C. Three (3) Shade trees and two (2) ornamental trees and fifteen (15) shrubs
and/or five (5) evergreen trees per one hundred (100) lineal feet shall be
provided within the planting strip for portions of the Real Estate (i) abutting
the east property line and not adjacent to the Hotel Building and (ii) those
portions of 96th Street that are less than ninety (90) feet from a proposed or
existing Building.
D. Five (5) Shade trees and three (3) ornamental trees and fifteen (15) shrubs
and/or five (5) evergreen trees per one hundred (100) lineal feet shall be
provided within the planting strip for portions of the Real Estate abutting
Meridian Street.
E. Required perimeter buffer plantings may be grouped to allow a more natural
planting scheme, where appropriate, and required buffer plantings may be
computed as an average across the total linear footage of frontage. However,
no tree shall be further than fifty(50)feet from any other tree.
F. Low walls (a minimum of thirty (30) inches in height) may be used in lieu of
fifty(50)percent of the required plantings.
G. Plant material that is used to meet the buffer requirements can be located
anywhere on the real estate provided that (i) said plant material falls between
the property boundary and the building façade and (ii) said plant material is
not being used to meet any other landscaping requirement of the Drury Plaza
Hotel Ordinance.
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H. Where Perimeter Plantings are required adjacent to an INDOT right of way
(ROW), said plantings shall be allowed to be located within the ROW as long
as (i) approval from INDOT is obtained for installation, modification or
additional plantings, (ii) the Controlling Developer maintains all plant
material per the requirements of Section 5.1.G of this Drury Plaza Hotel
Ordinance and (iii) the property owner replaces all plant material that is dead,
diseased, or removed due to construction activities within the ROW to ensure
the minimum Perimeter Planting requirements are maintained.
Section 5.4. Foundation Plantings.
A. A planting area, equal to an area ten (10) feet in depth by the width of each
side of the building, shall be installed along all sides of the Building(s).
B. Within the foundation planting areas required in Section 5.4(A) above the
following shall apply:
1. The primary landscape materials used shall be shrubs, ground cover
(predominantly grass), and ornamental grasses.
2. Spacing for foundation planting shrubbery shall not exceed 5 foot
intervals except where occupied by a sidewalk driveway or impervious
surface.
3. Sidewalks, plazas and/or terraces are permitted in foundation planting
areas, but shall not occupy the entire planting area on any side of the
Building(s).
4. If an approach driveway or sidewalk cuts into a foundation planting
area, the plant material displaced by the driveway or sidewalk shall be
added to the Building perimeter planting on any side of the Building.
5. Outdoor dining and service areas shall be deducted from the overall
length of the Building perimeter prior to calculating the required
foundation planting area.
6. Foundation planting areas need not be rectangular in shape as long as an
equivalent area is landscaped; in other words, undulating, innovative and
original designs are permitted.
Section 5.5. Interior Parking Lot Plantings.
A. A minimum of one (1) shade tree and five (5) shrubs per nine (9) Parking
Spaces shall be provided and the following standards shall also apply:
1. A minimum of eighty-one (81) square feet of useable soil area shall be
provided for every shade tree.
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2. Planting islands shall be a minimum of nine(9) feet wide.
Section 5.6. Screening Areas. Screening and landscaping shall prevent direct views of
loading areas, ground mounted mechanical/telecommunication equipment and other
service areas from adjacent residential properties or from the public rights-of-way.
Screening and buffering shall be achieved through walls, fences and landscaping, shall be
a minimum of five feet tall, and shall be visually impervious. Recesses in the Building or
depressed access ramps may also be used.
Section 6. Lighting Requirements.
Section 6.1. Street Lights.
A. Street lighting, when provided on 96th Street, shall be confined to intersections
and vehicular access points, shall meet all applicable City standards and shall
be reviewed and approved by the City.
Section 6.2. Site Lighting. All site lighting accessory to uses within the Real Estate shall
comply with the following standards.
A. All site lighting is subject to ADLS approval. No lighting that has been
approved by the Plan Commission may later be substantially altered or
eliminated without first obtaining further approval from the Plan Commission
or a committee thereof. However, Minor Material Alterations of lighting may
be approved by the Director or the Director's designee.
B. All site lighting shall be coordinated throughout the Real Estate and be of
uniform design and materials.
C. Exterior lighting of the Building or site shall be designed so that (i) light is not
directed off the site and (ii) the light source is shielded from direct offsite
viewing.
D. Illumination levels shall not exceed (i) 1.1 foot candles along the 96th Street
right of way line, (ii) 3.2 foot candles along the Meridian Street right of way
line, and(iii) 1.5 foot candles along the I-465 right of way line.
E. Exterior lighting shall be architecturally integrated with the Building style,
material and color. Rooftop lighting is prohibited.
F. All exterior ground-mounted architectural, display and decorative lighting
shall be generated from concealed, low level fixtures.
G. Light fixtures in parking areas shall not exceed twenty-five (25) feet in height.
Building accent lighting shall be permitted above twenty-five (25) feet in
height.
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H. All building and pole mounted lighting fixtures shall have 90-degree cut off
and/or flat lenses. Pole mounted building accent lighting shall be exempt
from this provision.
I. Ground mounted lighting fixtures are permitted within areas designated for
perimeter buffering.
Section 7. Signage Requirements. All signage on the Real Estate shall comply with Chapter
25.7 of the Zoning Ordinance as revised, supplemented and amended by this Section 7 of the
Drury Plaza Hotel Ordinance, subject to ADLS approval.
Section 7.1. Wall Signs:
A. Hotel Building:
1. Four (4) wall signs shall be permitted with a maximum of two (2)
permitted on the west building façade, one (1) permitted on the north
building façade and one (1)permitted on the east building façade.
2. Maximum Area:
a. Two (2) signs not to exceed 320 square feet each, located on the upper
east building façade and upper west building façade,
b. One (1) sign not to exceed 120 square feet, located on the upper north
building façade, and
c. One (1) sign not to exceed 30 square feet in area located on the lower
west building façade.
B. Restaurant Building: Wall signs on the Restaurant Building shall comply with
the provisions of Chapter 25.7.02.03 of the Zoning Ordinance which regulate
Single Tenant Building Signs.
Section 7.2. Ground Signs:
A. Two (2) Ground Signs shall be permitted.
B. Maximum Area:
1. One (1) sign not to exceed forty-five (45) square feet, located at the
southeast corner of the Real Estate, and
2. One (1) sign not to exceed one-hundred and twelve (112) square feet
located at the southwest corner of the Real Estate.
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C. Maximum Height: Six (6) feet as measured from the base of the sign to the
top of the sign area.
D. Location:
1. Minimum of two (2) feet from the street right-of-way.
2. The intersection of Meridian Street and 96th Street, and west of the site
entrance along 96th Street as specified above in Section 7.2.B.
Section 7.3. Incidental Signs:
A. A ground mounted signs not greater than eight (8) square feet in area and not
more than four (4) feet in height shall be permitted at the northern most site
entrance as illustrated on the Development Plan.
B. A maximum of six (6) ground mounted signs not greater than three (3) square
feet in area and not greater than three(3) feet in height shall be permitted.
Section 8. Parking Requirements.
Section 8.1. Automobile Parking.
A. Except as provided below in this Section 8, the requirements set forth in
Section 27.03, and 27.05 of the Zoning Ordinance shall apply in determining
the standards applicable to parking spaces.
B. Ninety(90) degree angle parking spaces shall have (i)a width of not less than
nine (9)feet and(ii) a length of not less than eighteen(18) feet, exclusive of
driveways.
C. The minimum aisle width for a two way aisle with 90 degree angled parking
shall be twenty-four(24) feet.
D. A minimum of three hundred and eighty (380) parking spaces shall be
provided on the Real Estate.
E. Adjacent/adjoining parking lots shall be interconnected by an internal
driveway and coordinated to accommodate pedestrian access.
F. Parking lots of more than three rows shall include integrated paths to
accommodate pedestrians safety from parking areas to sidewalks, walkways
and/or Buildings(s). Such paths may be identified by striping only.
Section 8.2., Off-Street Loading and Service Area Requirements.
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A. Off-street loading and service areas shall be of a size, configuration and
distribution as shown on an approved DP.
B. Loading docks, solid waste facilities, recycling facilities, and other service
areas shall be placed to north or east side of Buildings.
Section 8.3 Bicycle Parking and Building Amenities. A total of ten (10) bicycle
parking spaces shall be provided in compliance with Article 27.06.03 of the Zoning
Ordinance. A minimum of five (5) will be provided at the north end of the Hotel
Building and a minimum of five (5) will be provided at the Restaurant Building.
Section 9. Pedestrian Circulation. Specific provisions for incorporating pedestrian and
bicycle access, circulation and amenities shall be included in the development of the Real Estate.
Section 9.1. Sidewalks and paths within public street right-of-way shall meet the
requirements of the Thoroughfare Plan and the Bicycle and Pedestrian Plan.
Section 9.2. Walkways shall be designed to allow pedestrians to access Buildings, and
shall connect to (i) sidewalks and paths within the public rights-of-way along 96th Street
and(ii) sidewalks and paths adjacent to the Real Estate.
Section 9.3. Walkways shall be provided on at least one side of each Building and shall
provide access (i) between parking areas and principal Building entrances and (ii) around
each Building. The minimum width for such walkways shall be five (5) feet.
Section 9.4. Crosswalks shall be installed at strategic locations to facilitate safety
where pedestrian and vehicular conflicts exist.
Section 9.5. All sidewalks and paths, in the public right-of-way or on the Real Estate,
shall meet all applicable ADA requirements.
Section 10. Additional Requirements and Standards.
Section 10.1. Refuse Storage. Any Accessory Building for storage or disposal of refuse
shall meet the following requirements:
A. Waste and recyclable materials, and, if applicable, grease or other cooking
refuse containers shall be fully enclosed on all four sides except for doors or
gates,which shall be kept closed other than during loading or unloading.
B. The minimum height of an enclosure shall the greater of(i) six (6) feet or (ii)
the height of the dumpster and/or container plus two (2) feet.
C. The enclosure shall be architecturally compatible with the principal Building
with which it is associated and shall be integrated into the overall site layout.
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Section 10.2. Premises Identification. Premises identification shall meet the
requirements of Chapter 25.07 of the Zoning Ordinance.
Section 10.3. Outdoor Storage. Outdoor Storage shall not be permitted on the Real
Estate.
Section 10.4. Temporary Uses. Temporary Uses, including Construction Facilities and
Outdoor Special Events, shall be permitted as set forth in Chapter 25 of the Zoning
Ordinance.
Section 10.5. Right-of-way widths.
A. The right-of-way for I-465 and Meridian Street (US Highway 31) shall be as
determined by the acquisition of a portion of the Real Estate needed for
pending roadway improvements by the State of Indiana; and,
B. A seventy-five (75) foot half right-of-way for 96th Street shall be dedicated to
the City.
Section 10.6. Site Access and Road Improvement Requirements.
A. The number and configuration of vehicular access drives into the Real Estate
shall be provided as illustrated on the Drury Development Plan.
B. All Thoroughfare Plan related improvement requirements as identified in and
required under the Zoning Ordinance shall be satisfied by the installation of
10' wide multi-use path on the north side of 96th Street east of the State of
Indiana right-of-way.
Section 10.7. Service Connection Screening. Screening of mechanical equipment, gas
meters, and electric meters shall be achieved in a manner consistent with Section 5.6 of
this Drury Plaza Hotel Ordinance and shall be visually impervious. Recesses in
Buildings incorporating gates,and other screening methods incorporated into the building
design, shall meet all applicable building code requirements. Essential mechanical or
utilitarian rooftop appurtenances shall be screened on all sides and upon the approval by
the appropriate authority, such items and their screening may be erected to the minimum
height appropriate unless prohibited by other laws or ordinances. Such appurtenances
shall be include, but shall not be limited to cooling towers, elevator bulkheads,
conveyors, heating ventilation air conditioning equipment (HVAC), and rooftop stairway
access structures.
Section 10.8. Perimeter Fences. A metal fence painted black, a minimum 36" tall and
maximum of 6'-6" tall, with masonry columns not to exceed seven (7) feet tall, shall be
permitted along the 1-465,Meridian Street and 96th Street road frontages.
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Section 11. Procedural Provisions.
Section 11.1. Approval or Denial of Plats.
A. With respect to any portion of the Drury Plaza Hotel District, the platting into
smaller sections shall be permitted, but shall not be required in order to divide
the Real Estate into smaller areas for purposes of conveying title to a parcel or
creating separate tax parcels. Platting or otherwise dividing the Real Estate
into smaller parcels for the purpose of conveying title or creating separate tax
parcels shall not create property lines to which setback or any other standards
of this Drury Plaza Hotel Ordinances, the Zoning Ordinance or the
Subdivision Control Ordinance shall be applied,provided that development of
the parcels conforms to an approved Development Plan.
B. All secondary plats for any portion of the Drury Plaza Hotel District shall be
approved administratively by the Department, and shall not require a public
hearing before the Plan Commission, so long as the proposed secondary plat
substantially conforms to the corresponding approved primary plat.
Section 11.2. Approval or Denial of Development Plans and ADLS.
A. Development Plan ("DP") and/or architectural design, exterior lighting,
landscaping and signage ("ADLS") approval by the Plan Commission, as
prescribed in Chapter 24 of the Zoning Ordinance, shall be required prior to
the issuance of a Improvement Location Permit to determine if the DP and
ADLS satisfy the Development Requirements specified within this Drury
Plaza Hotel Ordinance.
B. As part of the Plan Commission review and favorable recommendation of this
Drury Plaza Hotel Ordinance, the Plan Commission considered and granted
DP Approval of the Drury Development Plan and, therefore, no further DP
Approval of the Drury Development Plan shall be required.
C. As part of the Plan Commission review and favorable recommendation of this
Drury Plaza Hotel Ordinance, the Plan Commission considered and granted
ADLS Approval of the Hotel Building and, therefore, no further ADLS
Approval of the Hotel Building shall be required.
D. The Plan Commission shall consider an ADLS approval petition for the
architecture, design, lighting, landscaping and signage of the Restaurant
Building prior to the issuance of an Improvement Location Permit for that
Building.
E. If there is a Substantial Alteration in any approved DP or ADLS including,
without limitation, the already approved DP of the Drury Development Plan
and the already approved ADLS of the Hotel Building,review and approval of
the amended plans shall be made by the Plan Commission, or a Committee
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thereof, pursuant to the Plan Commission's rules of procedure. Minor
Alterations may be approved by the Director.
F. The denial by the Director of any request for approval or application may be
appealed to the Plan Commission and the denial by the Plan Commission of
any request for approval or application may be appealed to the City Council.
Section 11.3. Modification of Development Requirements (Zoning Waiver). The Plan
Commission may, after a public hearing, grant a Zoning Waiver of any of the
dimensional standards of the Drury Plaza Hotel Ordinance, by less than ten percent
(10%) of the specified standard. Any approval of such waiver is subject to the following
criteria:
A. The proposal shall be in harmony with the purposes and land use requirements
contained in the Drury Plaza Hotel Ordinance.
B. The proposal shall complement the overall development plan and the
adjoining streetscapes and neighborhoods.
C. The proposal shall not produce a site plan or street/circulation system that
would be impractical or detract from the appearance of the PUD District, and
must not adversely affect emergency access in the area.
Section 11.4. Variance of Development Requirements: The BZA may authorize
Variances from the terms of the Drury Plaza Hotel Ordinance, subject to the procedure
prescribed in Chapter 30 of the Zoning Ordinance.
Section 12. Controlling Developer's Consent. Without the written consent of the
Controlling Developer, no other developer, user, owner or tenant may obtain any permits or
approvals, whatsoever, with respect to the Real Estate or any portion thereof and, as such, and by
way of example but not by limitation, none of the following may be obtained without the
approval and consent of the Controlling Developer:
Section 12.1. Improvement location permits for any improvements within the Real
Estate;
Section 12.2. Sign permits for any Signs within the Real Estate;
Section 12.3. Building permits for any Buildings within the Real Estate;
Section 12.4. DP/ADLS, or primary or secondary plat approval for any part of the Real
Estate; and
Section 12.5. Any text amendments, variances, modifications of development
requirements or other variations to the terms and conditions of this Drury Plaza Hotel
Ordinance.
17
Section 13. Violations and Enforcement. All violations and enforcement of this Drury Plaza
Hotel Ordinance shall be subject to Chapter 34 of the Zoning Ordinance.
Section 14. Exhibits. All of the Exhibits (A-F) on the following pages are attached to this
Drury Plaza Hotel Ordinance, are incorporated by reference into this Drury Plaza Hotel
Ordinance and are part of this Drury Plaza Hotel Ordinance.
The remainder of this page is left blank intentionally.
18
Exhibit"A"
(Legal Description)
Parcel 1
A part of the Southwest quarter of Section 11, Township 17 North, Range 3 East, Hamilton
County, Indiana, described as follows:
Beginning at the Southeast corner of said quarter section; thence South 89 degrees 24 minutes 09
seconds West 571.68 feet along the South line of said quarter section; thence North 00 degrees
35 minutes 51 seconds West 43.68 feet to the East right-of-way line of U.S. 31; thence North 46
degrees 12 minutes 06 seconds West 58.24 feet along said right-of-way line; thence North 00
degrees 05 minutes 00 seconds East 133.54 feet along said right-of-way line to the interchange;
thence along said right-of-way line the following six (6) courses: (1) South 89 degrees 55
minutes 00 seconds East 13.00 feet; (2) North 08 degrees 17 minutes 49 seconds East 389.49
feet; (3) North 36 degrees 03 minutes 07 seconds East 147.85 feet; (4) North 65 degrees 18
minutes 37 seconds East 150.00 feet; (5)North 69 degrees 35 minutes 58 seconds East 200.56
feet; (6)North 68 degrees 30 minutes 14 seconds East 146.64 feet to the East line of said quarter
section; thence South 00 degrees 11 minutes 22 seconds West 902.80 feet along said East line to
the place of beginning and containing 10.446 acres,more or less.
Parcel 2
A part of the Southeast Quarter of Section 11. Township 17 North, Range 3 East in Hamilton
County, Indiana, described as follows:
Commencing at the Southwest comer of said Quarter Section said corner being South 90 degrees
00 minutes 00 seconds West 2,694.08 feet from the Southeast corner of said Quarter Section;
thence North 00 degrees 48 minutes 07 seconds East 43.00 feet along the West line of said
Quarter Section to the POINT OF BEGINNING of this description; thence North 00 degrees 48
minutes 07 seconds East 859.03 feet along the West line of said Quarter Section to a point on the
South right-of-way line of the Interstate 465; thence North 69 degrees 05 minutes 14 seconds
East 145.86 feet; along said South right-of-way line; thence South 20 degrees 54 minutes 46
seconds East 24.67 feet; thence South 40 degrees 57 minutes 19 second East 20.52 feet; thence
Southwesterly and Southerly 278.75 feet along an arc to the left and having a radius of 412.50
feet and subtended by a long chord having a bearing of South 29 degrees 41 minutes 09 seconds
West and a length of 273.47 feet; thence South 10 degrees 19 minutes 38 seconds West 73.75
feet; thence South 00 degrees 48 minute& 07 seconds West 562.39 feet parallel with the West
line of said Quarter Section to the North right-of-way line of West 96th Street; thence South 90
degrees 00 minutes 00 seconds West 14.00 feet along said North line to the POINT OF
BEGINNING and containing 0.666 acres more or less.
EXCEPTING THEREFROM THE FOLLOWING:
A part of the Southeast Quarter of the Southwest Quarter of Section 11, Township 17 North,
Range 3 East, Hamilton County, Indiana, and being that part of the grantor's land lying within
the right of way lines depicted on the attached Right of Way Parcel Plat, marked Exhibit "B",
described as follows:
Exhibit"A"—Page 1 of 2
Beginning on the east line of said quarter section North 0 degrees 12 minutes 33 seconds East
775.84 feet from the southeast corner of said quarter section; thence South 44 degrees 35 minutes
12 seconds West 324.82 feet to point "4077" on said plat;thence South 59 degrees 36 minutes 23
seconds Westl90.54 feet to point "4078" on said plat; thence South 74 degrees 15 minutes 49
seconds West 145.60 feet to point "4079" on said plat; thence South 2 degrees 17 minutes 30
seconds West 220.15 feet to point "4080" on said plat; thence South 36 degrees 23 minutes 53
seconds East 87.20 feet to point "4081" on said plat; thence South 88 degrees 30 minutes 07
seconds East 172.32 feet to point "4082" on said plat; thence South 67 degrees 02 minutes 41
seconds East 185.73 feet to the northern boundary of 96th Street, designated as point "4068" on
said plat; thence North 81 degrees 41 minutes 04 seconds West 229.80 feet along said boundary;
thence North 46 degrees 04 minutes 01 seconds West 59.74 feet along said boundary to the east
boundary of U.S. 31; thence North 0 degrees 05 minutes 11 seconds East 95.62 feet along said
boundary; thence North 89 degrees 32 minutes 16 seconds East 4.50 feet along said boundary;
thence North 8 degrees 26 minutes 00 seconds East 389.49 feet along said boundary to the
southeastern boundary of I-465; thence North 36 degrees 11 minutes 31 seconds East 147.84
feet along said boundary; thence North 65 degrees 26 minutes 48 seconds East 150.00 feet along
said boundary; thence North 69 degrees 44 minutes 09 seconds East 200.56 feet along said
boundary; thence North 68 degrees 38 minutes 20 seconds East 144.73 feet along said boundary
to the east line of said quarter section; thence South 0 degrees 12 minutes 33 seconds West
123.14 feet along said line to the point of beginning and containing 3.855 acres, more or less.
A part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East, Hamilton
County, Indiana, and being that part of the grantor's land lying within the right of way lines
depicted on the attached Right of Way Parcel Plat,marked Exhibit "B", described as follows:
Beginning on the east line of said quarter section North 0 degrees 12 minutes 33 seconds East
775.84 feet from the southeast corner of said quarter section; thence continuing North 0 degrees
12 minutes 33 seconds East 123.14 feet along said line to the southern boundary of I-465; thence
North 68 degrees 14 minutes 57 seconds East 145.86 feet along said boundary to the northeast
corner of said grantor's land; thence South 21 degrees 45 minutes 03 seconds East 30.11 feet
along the northeast line of said grantor's land; thence South 44 degrees 35 minutes 12 seconds
West 209.52 feet to the point of beginning and containing 0.258 acres,more or less.
Exhibit"A"—Page 2 of 2
Exhibit`B"
(Drury Plaza Hotel Development Plan)
Full size copies of the approved Development Plan are on file with the Carmel Department of
Community Services under file docket number 13090014 Z
Exhibit`B"Page 1 of 1
Exhibit"C"
(Architectural Standards)
Part 1. Permitted Materials: Any number of materials may be used in the Drury Plaza Hotel
District. The following is a list of permitted materials:
A. Face brick
B. Masonry
C. Stone
D. Architectural pre-cast concrete (panels or detailing)
E. Architectural metal panels
F. Smooth faced C.M.U. (concrete masonry units)
G. Creative Granite Finish System(limited to areas on the 2°a floor and above)
H. Concrete brick
I. Architectural cast stone
J. Limestone
K. Simulated stone
L. Synthetic Plaster Finish System—EIFS (limited to areas 8' above grade)
M. Glass (clear, color, etched, spandrel, etc.)
N. Storefront(aluminum, steel)
O. Curtain wall
P. Porcelain and/or ceramic tile
Q. Ornamental metal
R. Any material not listed above may be approved as part of an ADLS application
provided that the Plan Commission finds that the material is of a quality that is
equal or superior to the above listed materials.
Part 2. Design Categories: In order to better identify the specific design intent for uses, these
guidelines are divided into design categories associated with the different type of Buildings:
A. Hotel Building: The following is a list of design considerations that were followed by the
Plan Commission in granting the ADLS Approval of the Hotel Building and that shall be
followed in the event of a request to amend that ADLS Approval of the Hotel Building.
1. Facades will be articulated to reduce any massive scale or impersonal appearance.
Facades will be articulated through the use of (i) changes in the wall plane, (ii)
varying materials on the facades, (iii) changes in color of materials, and (iv)
variation in the fenestration.
2. Up to fifty(50)percent of the façade area may be glass.
3. The building shall be designed with a minimum of eight external corners in order to
eliminate a box building appearance.
4. Modulation of the roof and/or roof line shall be required in order to eliminate box-
shaped buildings. Parapets must be fully integrated into the architectural design of
Exhibit"C"—Page 1 of 2
the building and provide seamless design transitions, including exterior materials,
between the main building mass, mechanical penthouses and other roof structures.
5. All roof equipment must be screened from the pedestrian view. Use of parapets or
approved decorative screening is required.
B. Restaurant Building: The design of a Restaurant Building will give careful attention to
detail at the pedestrian level and including the following:
1. Prototype identity for restaurants will be permitted provided that the building design
is compatible with the rest of the development standards required by this Drury
Plaza Hotel Ordinance.
2. Service areas will be properly designed to maintain visual quality with adequate
screening.
3. Outdoor seating areas and patios are permitted and will be encouraged. Patios are
permitted that do not impede upon pedestrian pathways.
4. Exhaust and mechanical apparatus will be carefully incorporated into the
architecture of the Buildings for adequate screening.
Part 3. Green Building Elements: The following green building elements shall be incorporated
into the development of the Real Estate:
A. Best Management Practices for storm water
B. Pedestrian and Vehicular Connectivity to adjacent property
C. High-efficiency lighting inside and outside
D. Building and finishing materials sourced from within 500 miles when practical
E. Water-efficient plumbing fixtures throughout
F. Use of recycled materials in construction and fit-out
G. High-efficiency HVAC systems
H. Low-E glass
I. Light colored roof membrane
J. Native plant species shall be used for 100 percent of all trees and a minimum of 75
percent of all shrubs and groundcover.
Exhibit"C"—Page 2 of 2
Exhibit"D"
(Hotel Building—Architectural Design)
Full size copies of the approved Architectural Design are on file with the Carmel Department of
Community Services under file docket number 13090014 Z.
Exhibit"D"—Page 1 of 1
Exhibit"E"
(Hotel Building—Exterior Lighting, Landscaping and Signage)
Full size copies of the approved exterior lighting, landscaping and signage are on file with the
Carmel Department of Community Services under file docket number 13090014 Z
1
Exhibit"E"—Page 1 of 1
Exhibit"F"
(Restaurant Building Conceptual Character Imagery)
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Exhibit"F"—Page 2 of 2
hQ
ADOPTED by the Common Council of the City of Carmel, Indiana this 3 day of
, 2014, by a vote of 7 ayes and a nays.
COMMON COUNCIL FOR THE CITY I F CARMELf
' esiding Officer Kevin D. Rider
f.--/1-1/0 %
W. Eric Seidensticker, Presi•ent Pro Tempore Carol Schleif
Ronald E. Carter Richard L. Sharp '
le
Surd! am Lu . yder /
ATTEST.
v
Diana L. Cordray,IAMC, Clerk-Tre urer
Presented by me to the Mayor of the City of Carmel, Indiana this `-f1-k-day of
2014, at 9: 14 A.M.
Diana L. Cordray, IAMC, Clerk-Tr-,asurer
Approved by me,Mayor of the City of Carmel, Indiana,this Ilkk day of
.4'..f �. u 2014, at 11:50 A.M.
es Brainard, Mayor
ATTE ,:
o
Diana L. Cordray, IAMC, Clerk-Tr.t urer
This Instrument prepared by: Charles D. Frankenberger, attorney at law, NELSON &
FRANKENBERGER and Jon C. Dobosiewicz, land use professional, NELSON &
FRANKENBERGER. 3105 East 98th Street, Suite 170, Indianapolis, IN 46280.
Drury Plaza Hotel-CC-122313
CERTIFICATION
OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION
ON THE PETITION TO THE CITY OF CARMEL
TO AMEND THE ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-608
ORDINANCE
Z-584-14 'w
WrI
Drury Plaza Hotel PUD Rezone ,c?
Rezone approximately 6.4:acres `7
From B-5 and B-6/Business co
(US 31 Overlay Zone) to PUD
To: The Honorable Common Council ry
Of the City of Carmel 'w
Hamilton County,Indiana
Dear Members:
The Carmel Plan Commission offers you the following report on the application (Docket
No: 130900I4Z – Rezone from B-51B-6 to 'PUD), to construct a hotel building and
restaurant building located at the northeast corner of Meridian Street and 90" Street.
The Carmel Plan Commission's recommendation on the petition of the applicant is
`Favorable.
At its regularly scheduled meeting of December 17, 2013, the Carmel Plan Commission
voted Ten (10) in Favor, One (1) Absent, to forward to the Common Council the
proposed Ordinance No. Z-584-14 with a"Favorable Recommendation".
Please be advised that by virtue of the Plan Commission's Favorable Recommendation,
pursuant.to IC 36-7-4-608(t), the Council has ninety (90) days to act on this petition
before it becomes effective as Certified by the Commission. Ninety days from the date of
the Certification is Tuesday March 18,2014.
CARMEL PLAN COMMISSION
BY: .,C;f 1 6`1 u vVI.G
Steven R. S"tromquist,President
ATTEST:
Lisa Motz; Secretary
Carmel Plan Commission
Dated; December 18,2013