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Home My WebLink AboutResolution CC-06-01-09-01 Permitted uses-Peripheral RetailSPONSOR: Councilor- Sharp "RESOLUTION °CC- 06 01 09 01 A-RESOLUTION OF THE COMMON COUNCIL OF THE; CITY OF CARMEL,.INDIANA APPROVING ADDITIONAL PERMI'T'TED USES WITHIN THE. PERIPHERAL .RE TAtL ;AREA OF TIIE.VIL'LAGE OF'WESTCLAY WHEREAS, Ordinance .Na. Z 7331 a" 'the same has been amended, and restated by Ordinance No. i-4 (the "'Wesida y Ordinance establishes. the WestClay Village Planned Unit Development. District .(the- "District ');,arid WHEREAS, Section 5.14the Wtst6lay Ordinance sets forth the permitted -uses in that:part of the District described in the WestClay Ordinance as the Peripheral Retail Area; and WHEREAS, Section. 5.3.A (13) of'the WestClay Ordihance,i riovide tharpermitted'tises in the- Peripheral Retail Area. -shall 'include, in addition.to the permitted uses described)n other parts of said Section 5.3„ any commercial use permitted in the; Village Center of the District if, upon recommendation.of the Carmei Plan Commission, the Common Council of the City o Carmel, Indiana by.resolutian approves such,pther use; -and WHEREAS, the Carmel Flab, Commission has recoinmerided tl at' the' uses described on Exhibit A attached hc�rcio and_ made part hererif, which, are permitted uses in the Village Cen,tei of the District lab suaht'to Section 5"ID of the Ordinance: be permitted uses in t4e.Peripheral Retail Area in addition to the permitted uses in the" Peripheral Retail Area described..in otlier parts of Section. 5.3. NO THEREFORE,_ 13EIT- RESOLVED by the Common Council ofthe.City Indiana as follows: Section I The above recitals.�hre'incorgorated' herein by.refer6Ace „and shall be`deemdd pact of'this Ftesolutiott. Section JI. Thee Common Council of the City of'Carme1,iJhdiana hereby- °approves, the uses described on Exhibit A attAched hereto and trade a part. Hereof which afe permitted uses in 'the Village Center of tire, District pursuant to Section 5.1D of Ordinance �as permitted uses in- the Peripheral Detail •Area,of the. District pursuant, to Section 5.3:A (1.3) of the Ordinance in addition to the pgrnitted uses, in the- Peripheral Retail Area described in other_ parts of Section 5.3 of the Ord i nance. Section Ill This' Resolution .shall be in °full force and effect °from and after the date of-its passage: PASSED by the Coffman Council of the, City of Carmei,, Indiana,. this P day of. ,,2 009, by. a vote of ayes and nays. P41 of 3 pages This Rl sohition. prepared b David R.'Warshauer, Barnes.& Thornburg, LLP COMMON COU NCIL FOR THE CITY'QF CARN Pre din Officer. ,t W. Eric Seidenst eker: President P pare. n'il, cceituro Ronald E. Carter setrl'i VG�i•Ffiths ATTEST Diana L. Cardi'ay, I'AMC, Clerk -Tre ,user Prosented'by me to the Mayor.oftlte City of Carinei, Indiana this o ;day of 2009, at Diana "I.. Cordray, IAMC,,C]erk. -T u Approved ]by me,:Mayor'afihe City of Carmel, Indiana, this jr ay of 2009, at (C3 —"I. —z ]a s Brainard, Mayor. ATTEST: Diana L. Cordray,JAMC, Clei'k- Page 2 of,3- p2ges. "this Resolution prepared by David R., Warshauer, Bames Thornburg, LLP E N•rt13IT. A SECTION:5:3A (1.3) PERMITTED_USIES IN THE PERIPHERAL RETAIL AREA OF THE WESTCLAY VILLAGE UNIT IIEVELOPMENT'DISTRICT 1. Offices. including general offices, professional affices estate offices. 2_ Clinics oumedical health centers 3. Art.gallery 4. Apparel shop '5. Barbershop 6. Beauty sho 7. Bicycle shop S. Bookstore 9. Business arid. electronic. mach ines and equipment: sales; 10'.,Camcra sli~ap J 1 Carpetand'rug=store '12. China and,glassware stare 13.- Craft:arid lobby sh6p 14_ Flower shop 15. Furniture ``store T6. Furrier shop 1.7. "Gift shop 1$'. Greeting -card shop 1.9.. Luggage store 20. Music S'tore 21.Office supply store 22. Optician.and optical sales 23. faint and wallpaper sales 24. Pet shop 25_ Picture frar�ing;shbp 26. Shoe store 27_. Shoe repair shop 28: Sporting goods stoic 29. Stationer 30. Toy stare 3.1. Variety store- Page 3 of 3 pages ThisResolution prepared by Mvid R. Warshkier,•Bchtes &�Thbhhrg,,LLP RESOLUTION NO. -1CC A U RESOLUTION OF THE CARMEL PLAN COMMISSION RECOMMENDING THAT THE COMMON COUNCIL OF THE CITY OF CARMEL APPROVE ADDITIONAL PERMITTED USES WITHIN THE PERIPHERAL RETAIL AREA OF THE VILLAGE OF WESTCLAY WHEREAS, Ordinance No. Z -330, as the same has been amended and restated by Ordinance No. Z465 -04, (the "WestClay Ordinance establishes the WestClay Village Planned Unit Development District (the "District and WHEREAS, Section 5.3 of the WestClay Ordinance sets forth the permitted uses in that part of the District described in the WestClay Ordinance as the Peripheral Retail Area; and WHEREAS, Section 5.3.A (13) of the WestClay Ordinance provides that permitted uses in the Peripheral Retail Area shall include, in addition to the permitted uses described in other parts of said Section 5.3, any commercial use permitted in the Village Center of the District if, upon recommendation of the Carmel Plan Commission, the Common Council of the City of Carmel, Indiana by resolution approves such other use; and WHEREAS, the Common Council of the City of Carmel, Indiana has, requested that the Plan Commission review and make a recommendation as to whether the uses described on Exhibit A attached hereto and made a part hereof, which are permitted uses in the Village Center of the District pursuant to Section 5. ID of the WestClay Ordinance, should be permitted uses in the Peripheral Retail Area in addition to the permitted uses in the Peripheral Retail Area described in other parts of said Section 5.3; and WHEREAS, the Plan Commission. has reviewed the uses described on Exhibit A attached hereto and made a part hereof, which are permitted uses in the Village Center of the District pursuant to Section 5. ID. of the WestClay Ordinance, and has determined to recommend to the Common Council of the City of Carmel, Indiana that the same be permitted uses in the Peripheral Retail Area in addition to the permitted uses in the Peripheral Retail Area described in other parts of said Section 5.3. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL PLAN COMMISSION, THAT: I. The Plan Commission hereby recommends to the Common Council of the City of Carmel, Indiana that the uses described on Exhibit A attached hereto and made a part hereof, be permitted uses in the Peripheral Retail Area in .addition to the permitted uses in the Peripheral Retail Area described in other parts of said Section 5.3. 2. The Secretary is hereby directed to send a copy of this Resolution with the minutes of this meeting to Clerk Treasures of the City of Carmel for distribution to the Common Council of the City of Carmel. EXHIBIT A SECTION 5.3A 13 PERMITTED USES IN THE PERIPHERAL RETAIL AREA OF THE WESTCLAY VILLAGE PLANNED UNIT DEVELOPMENT DISTRICT 1. Offices, including general offices, professional offices and real estate offices 2. Clinics-or medical health centers 3. Art gallery 4. Apparel shop 5. Barber shop 6. Beauty shop 7. Bicycle shop 8. Bookstore 9. Business and electronic machines and equipment sales 10. Camera shop 11. Carpet and rug store 12. China and glassware store 13. Craft and hobby shop 14. Flower shop 15. Furniture store 16. Furrier shop 17. Gift shop 18. Greeting card shop 19. Luggage store 20. Music store 21. Office supply store 22. Optician and optical sales 23. Paint and wallpaper sales 24. Pet. shop 25. Picture framing shop 26. Shoe store 27. Shoe repair shop 28. Sporting goods store 29. Stationer 30. Toy store 31. Variety store