HomeMy WebLinkAboutDepartment Report PC 11-16-21
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CARMEL PLAN COMMISSION
DEPARTMENT REPORT
NOVEMBER 16, 2021
7. Docket No. PZ-2021-00191 OA: Village of WestClay Ordinance Amendment.
The applicant seeks to amend Z-330-98, the Village of WestClay Planned Unit Development (PUD) District, as
amended to remove the sale of gasoline and other petroleum products as a principal permitted use within the
district. Filed by the Department of Community Services on behalf of the Carmel Plan Commission per Council
Resolution CC-11-01-21-01.
Project Overview:
The City Council has passed Resolution CC-11-01-21-01 which directs the Carmel Plan Commission to prepare and hold
a public hearing on an amendment to the WestClay Village PUD District Ordinance.
The Carmel Legal Department has prepared the requested Amendment to Z-330 which, if approved, will remove the sale
of gasoline and other petroleum products as a permitted principal use within the district by striking Section 5.3(A)(5) in its
entirety.
Attached please find:
• The Ordinance Draft, both redline and clean versions
• A copy of the Council Resolution
Corporation Counsel Jon Oberlander will lead the presentation on November 16.
Recommendation:
The Department of Community Services requests the Plan Commission vote to suspend the rules of procedure, and vote to
forward this item with a Favorable Recommendation to the City Council.
Sponsor: Councilor
This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 4, 2021 at 9:57 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise
ORDINANCE Z-xxx-21 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3
INDIANA AMENDMENG THE WESTCLAY VILLAGE PLANNED UNIT 4
DEVELOPMENT DISTRICT ORDINANCE 5
6
Synopsis: 7
Ordinance amends the WestClay Village Planned Unit Development District, as amended, to 8
remove the sale of gasoline and other petroleum products as a permitted principal use within 9
the district by striking Section 5.3(A)(5) in its entirety. 10
11
WHEREAS, the Carmel Common Council (the “Council”) recently passed Resolution CC 12
11-01-21-01, which directed the Carmel Plan Commission to initiate an amendment of Z-330, the 13
WestClay Village Planned Unit Development District Ordinance, as amended (“WestClay PUD”), 14
to remove the sale of gasoline and other petroleum products as a permitted principal use within the 15
district; and 16
17
WHEREAS, the Council’s request to amend the WestClay PUD has been filed as Docket 18
No. PZ-2021-00191 OA (the "2021 WestClay Amendment "). 19
20
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC 21
§36- 7-4-1500 et seq., the Council hereby adopts this 2021 WestClay Amendment Ordinance, 22
as an amendment to the WestClay Planned Unit Development District (the “District”), (ii) all 23
prior ordinances or parts thereof inconsistent with any provision of this 2021 WestClay 24
Amendment are hereby made inapplicable to the use and development of the real estate subject 25
to the District, (iii) this 2021 Westclay Amendment Ordinance shall be in full force and effect 26
from and after its passage and signing. 27
28
Section 1. Applicability of Ordinance. The provisions of the District shall be amended by the 29
standards set forth below. In all other respects, the District Ordinance shall remain in effect and 30
unchanged. 31
32
Section 2. Section 5.3 of the WestClay PUD, as amended, is hereby further amended 33
to read as follows: 34
5.3 Peripheral Retail Area. The following uses are permitted in the Peripheral Retail 35
Area: 36
37
A. The following commercial uses: 38
39
(1) financial institutions, including drive-thru teller service and exterior ATMs 40
(2) restaurants or fast food operations, including drive-thru window service 41
(3) grocery store (including customary ancillary uses such as 42
flower shop and bakery), including drive-thru window service 43
(4) drug store, including drive-thru window service 44
Ordinance Z-xxx-21 45
Page One of Three Pages 46
Sponsor: Councilor
This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 4, 2021 at 9:57 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise
47
(5) the sale of gasoline and other petroleum products exclusive of 48
liquefied petroleum gas and, as an accessory use only, the 49
polishing, greasing, washing or other cleaning, servicing or 50
repairing of motor vehicles provided such services are rendered 51
within a fully enclosed service bay or shielded from view 52
from adjacent properties. Automobile body repairs are not 53
permitted. 54
(65) convenience store (with or without gas sales) 55
(76) convenience market 56
(87) package liquor store 57
(98) garden shop 58
(109) video sales or rental 59
(1110) hardware store 60
(1211) sale of coffee, ice creams, baked goods and/or prepared foods for 61
consumption on or off the premises, including drive-thru window service 62
(1312) any commercial use permitted in the Village Center if, upon recommendation of 63
the Plan Commission, the Council by resolution approves such other use. 64
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Ordinance Z-xxx-21 91
Page Two of Three Pages 92
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Sponsor: Councilor
This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 4, 2021 at 9:57 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise
96
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a 97
vote of _____ ayes and _____ nays. 98
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COMMON COUNCIL FOR THE CITY OF CARMEL 100
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___________________________________ 103
Sue Finkam, President Kevin D. Rider, Vice-President 104
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___________________________________ ____________________________________ 106
Laura Campbell H. Bruce Kimball 107
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___________________________________ ____________________________________ 109
Jeff Worrell Anthony Green 110
111
___________________________________ ___________________________________ 112
Adam Aasen Tim Hannon 113
114
___________________________________ 115
Miles Nelson 116
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ATTEST: 118
119
__________________________________ 120
Sue Wolfgang, Clerk 121
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 123
_________________________ 2021, at _______ __.M. 124
125
____________________________________ 126
Sue Wolfgang, Clerk 127
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Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 129
2021, at _______ __.M. 130
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____________________________________ 132
James Brainard, Mayor 133
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ATTEST: 135
___________________________________ 136
Sue Wolfgang, Clerk 137
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Ordinance Z-xxx-21 142
Page Three of Three Pages 143
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Sponsor: Councilor
This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 4, 2021 at 9:57 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise
ORDINANCE Z-xxx-21
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA AMENDMENG THE WESTCLAY VILLAGE PLANNED UNIT
DEVELOPMENT DISTRICT ORDINANCE
Synopsis:
Ordinance amends the WestClay Village Planned Unit Development District, as amended, to
remove the sale of gasoline and other petroleum products as a permitted principal use within
the district by striking Section 5.3(A)(5) in its entirety.
WHEREAS, the Carmel Common Council (the “Council”) recently passed Resolution CC
11-01-21-01, which directed the Carmel Plan Commission to initiate an amendment of Z-330, the
WestClay Village Planned Unit Development District Ordinance, as amended (“WestClay PUD”),
to remove the sale of gasoline and other petroleum products as a permitted principal use within the
district; and
WHEREAS, the Council’s request to amend the WestClay PUD has been filed as Docket
No. PZ-2021-00191 OA (the "2021 WestClay Amendment ").
NOW, THEREFORE, BE IT ORDAINED by the Council, that (i) pursuant to IC
§36- 7-4-1500 et seq., the Council hereby adopts this 2021 WestClay Amendment Ordinance,
as an amendment to the WestClay Planned Unit Development District (the “District”), (ii) all
prior ordinances or parts thereof inconsistent with any provision of this 2021 WestClay
Amendment are hereby made inapplicable to the use and development of the real estate subject
to the District, (iii) this 2021 Westclay Amendment Ordinance shall be in full force and effect
from and after its passage and signing.
Section 1. Applicability of Ordinance. The provisions of the District shall be amended by the
standards set forth below. In all other respects, the District Ordinance shall remain in effect and
unchanged.
Section 2. Section 5.3 of the WestClay PUD, as amended, is hereby further amended
to read as follows:
5.3 Peripheral Retail Area. The following uses are permitted in the Peripheral Retail
Area:
A. The following commercial uses:
(1) financial institutions, including drive-thru teller service and exterior ATMs
(2) restaurants or fast food operations, including drive-thru window service
(3) grocery store (including customary ancillary uses such as
flower shop and bakery), including drive-thru window service
(4) drug store, including drive-thru window service
Ordinance Z-xxx-21
Page One of Three Pages
Sponsor: Councilor
This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 4, 2021 at 9:57 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise
(5) convenience store (without gas sales)
(6) convenience market
(7) package liquor store
(8) garden shop
(9) video sales or rental
(10) hardware store
(11) sale of coffee, ice creams, baked goods and/or prepared foods for
consumption on or off the premises, including drive-thru window service
(12) any commercial use permitted in the Village Center if, upon recommendation of the
Plan Commission, the Council by resolution approves such other use.
Ordinance Z-xxx-21
Page Two of Three Pages
Sponsor: Councilor
This Ordinance was prepared by Jon Oberlander, Interim Corporation Counsel, on November 4, 2021 at 9:57 a.m. No subsequent
revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2021, by a
vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________
Sue Finkam, President Kevin D. Rider, Vice-President
___________________________________ ____________________________________
Laura Campbell H. Bruce Kimball
___________________________________ ____________________________________
Jeff Worrell Anthony Green
___________________________________ ___________________________________
Adam Aasen Tim Hannon
___________________________________
Miles Nelson
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2021, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________
2021, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance Z-xxx-21
Page Three of Three Pages
SPONSOR(S): Councilors Nelson, Finkam, Rider,
Aasen and Hannon
This Resolution was prepared by Jon A. Oberlander, Carmel Interim Corporation Counsel, on 10/2/2021 at 12:35 a.m. No subsequent
revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
RESOLUTION NO. CC 11-01-21-01 1
2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
DIRECTING THE CARMEL PLAN COMMISSION TO PREPARE AN AMENDMENT TO THE 4
WESTCLAY VILLAGE PUD DISTRICT ORDINANCE 5
6
Synopsis: This resolution directs the Carmel Plan Commission to prepare and hold a public hearing 7
on an amendment to the WestClay Village PUD District Ordinance. 8
9
WHEREAS, on January 4th, 1999 the Carmel Common Council (“Council”) adopted Ordinance 10
Z-330, which established the WestClay Village Planned Unit Development District (“WestClay PUD”); 11
and 12
13
WHEREAS, pursuant to IC 36-7-4-1500 et seq., the Common Council of the City of Carmel, 14
Indiana desires to initiate an amendment of the WestClay PUD, as amended, to remove the sale of 15
gasoline and other petroleum products as a permitted principal use within the district; and 16
17
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, 18
Indiana, that: 19
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Section 1. The foregoing Recitals are incorporated herein by this reference. 21
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Section 2. The Carmel Plan Commission shall prepare a proposal to amend the WestClay Village 23
Planned Unit District Ordinance, as amended, to remove the sale of gasoline and other petroleum products 24
as a permitted principal use within the district by striking Section 5.3(A)(5) in its entirety (“Proposed 25
Amendment”). 26
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Section 3. The Carmel Plan Commission shall hold a public hearing on the Proposed Amendment 28
within thirty (30) days of the date of passage of this Resolution. 29
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Resolution CC 11-01-21-01 44
Page One of Two Pages 45
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SPONSOR(S): Councilors Nelson, Finkam, Rider,
Aasen and Hannon
This Resolution was prepared by Jon A. Oberlander, Carmel Interim Corporation Counsel, on 10/2/2021 at 12:35 a.m. No subsequent
revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day of 48
________, 2021, by a vote of _____ ayes and _____ nays. 49
50
COMMON COUNCIL FOR THE CITY OF CARMEL 51
52
___________________________________ 53
Sue Finkam, President Kevin D. Rider, Vice-President 54
55
___________________________________ ____________________________________ 56
Laura Campbell H. Bruce Kimball 57
58
___________________________________ ____________________________________ 59
Jeff Worrell Anthony Green 60
61
___________________________________ ___________________________________ 62
Adam Aasen Tim Hannon 63
64
___________________________________ 65
Miles Nelson 66
67
ATTEST: 68
69
__________________________________ 70
Sue Wolfgang, Clerk 71
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Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 73
_________________________ 2021, at _______ __.M. 74
75
____________________________________ 76
Sue Wolfgang, Clerk 77
78
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 79
________________________ 2021, at _______ __.M. 80
81
____________________________________ 82
James Brainard, Mayor 83
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ATTEST: 85
___________________________________ 86
Sue Wolfgang, Clerk 87
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Ordinance CC 11-01-21-01 89
Page Two of Two Pages 90
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