HomeMy WebLinkAboutCC-09-18-06-03 West Clay Village Modification/PUD
SPONSORS: Councilors Sharp, Griffiths, Mayo and Glaser
RESOLUTION CC-09-18-06-03
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL. INDIANA.
REGARDING PROPOSED MODIFICATIONS TO THE WEST CLAY VILLAGE
PLANNED UNIT DEVELOPMENT DISTRICT
WHEREAS, on January 4, 1999, the Common Council of the City of Carmel, Indiana, approved
its Ordinance No. Z-330 (the "PUD Ordinance"), which established the West Clay Village Planned Unit
Development District (the "District"); and
WHEREAS, the PUD Ordinance contains certain District signage restrictions and limitations (the
"Sign Restrictions"); and
WHEREAS, on February 8, 2005, the Common Council approved its Ordinance No. Z-465 (the
"Amending Ordinance"), which amended certain District requirements to permit, amongst other things,
certain "fast food" and other retail establishments to be established in a "peripheral retail area" (the
"Peripheral Retail Area") in the District; and
WHEREAS, the Amending Ordinance contains certain screening and buffering requirements to
separate that portion of the Peripheral Retail Area that is located south of Glebe Street physically and
visually from Towne Road, which abuts portions of the District (the "Buffering Requirements"); and
WHEREAS, the Sign Restrictions and Buffering Requirements were of great importance to the
Common Council at the time it approved the PUD Ordinance and the Amending Ordinance, and continue
to be of great concern; and
WHEREAS, pursuant to the terms of the PUD Ordinance, the Plan Commission of the City of
Carmel, Indiana (the "Plan Commission"), is authorized, upon petition of the District developer, to
modify certain District development requirements; and
WHEREAS, Brenwick Development Company, Inc. ("Brenwick"), the developer of the District,
has now presented to the Plan Commission for its approval three (3) additional development
modifications, identified as "Village Center / Peripheral Retail- VOWC; Docket Number 06060018 DP
Amend", that would modify the District (the "Proposal"); and
WHEREAS, the Proposal's second requested modification, outlined in Tab 3 thereof (the
"Second Modification"), would alter the boundaries of the Peripheral Retail Area so as to defeat or
materially lessen the benefits to the District and the community of the Buffering Requirements; and
WHEREAS, the Proposal's third requested modification, outlined in Tab 4 thereof (the "Third
Modification"), would defeat or materially lessen the benefits to the District and the community of the
Sign Restrictions; and
Page One 0 f Three Pages
The initial draft of this document was prepared by the Department of Law on September 15, 2006. Any changes thereafter made to this
document are the sole responsibility of the document sponsors.
IC:\Docurnents and Settings\ebass\Loclll SCllings\Temporary Internet Files10LK4E\Sign Restrk,ions (2) (4) OOc:9/15/2006 2:34 PM]
SPONSORS: Councilors Sharp, Griffiths, Mayo and Glaser
WHEREAS, the Common Council strongly believes that it is not in the best interests of the City,
its residents and its visitors to adopt either the Second Modification or the Third Modification as set forth
in the Proposal, and that to do so would, amongst other things, have the unwanted effect oftuming Towne
Road into a retail corridor, increasing traffic congestion and visual blight, and reducing the quality of life
in the District and in the City; and
WHEREAS, the Common Council would likely not have approved the PUD Ordinance or the
Amending Ordinance if the same had contained the above-referenced modifications contained in the
Proposal.
NOW, THEREFORE, BE IT STATED AND RESOLVED by the Common Council of
the City of Carmel, Indiana, as follows:
Section 1, The foregoing Recitals are incorporated herein by this reference.
Section 2. The Common Council does not support and respectfully requests that the Plan
Commission NOT APPROVE either the Second Modification or the Third Modification as contained in
the Proposal.
SO RESOLVED by the Common Council of the City of Carmel, Hamilton County, Indiana, this
\ <6~daYOf~ ,2006. --':::t..-- A"".l. o.nci 2- no-v,!,.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
. Griffiths
DPP()~€j)
Kevin Kirby
~OT PR-BSEtJT'
Fredrick J. Glaser
il: .9 rr1,s;
Brian D. Mayo
OflPo~eD
Mark Rattermann
ATTES~
~~~
Diana 1. Cordray, IAMC, Clerk-Trea urer
Council Resolution No. CC-09-l8-06-03
Page Two of Three Pages
The initial draft of this document was prepared by the Department of Law on September 15, 2006. Any changes thereafter made to this
document are the sole responsibility of the document sponsors.
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SPONSORS: Councilors Sharp, Griffiths, Mayo and Glaser
Presented by me to the Mayor of the City of Carmel, Indiana, this ~ay of~~ 2006,
at II: '10 O'clock,...tL. M.
+k
Approved by me, Mayor of the City of Carmel, Indiana, this ;>..~ day of ~~
2006, at 3: \ S- O'clock, L. M.
ATTEST:
d5c.UJ~. O~..T~-\ ~ ~,
Diana L. Cordray, lAMC, Clerk-Treasurer
Council Resolution No. CC-09-18-06-03
Page Three of Three Pages
The initial draff of this document was prepared by the Department of Law on September 15, 2006. Any changes thereafter made to this
document are the sole responsibility of the document sponsors.
[C:\Documents and Setlings1ebass\Lncal Settings\Tempornry Internet FileslQLK4E\Sign Re5trictions (2) (4)_doc:9/15i2006 234 PM}