CC-06-01-09-01 West Clay/Retail AreaSPONSOR: Councilor.Sharp
RESOLUTION"CC 06-01-09-01
-A-RESOLUTION OF THE COMMON COUNCIL OF
THE CItY OF CARMEL,.INDIANA
APPROVING
ADDITIONAL PERMITTED USES
WITHIN THE.PERIPHERAL RETAIL,AREA OF
THE.VILLACE OF'WESTCLAY
WHEREAS, Ordinance No. Z7330; as the same has been amended and restated by
Ordinance No. 2-465-04, (the "Wes tClay Ordinance"), establishes the WestClay Village Planned
Unit Development District.(the"District" );,arid
WHEREAS, Section 5.3 of the WestGlayOrdinance,'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,p ovides tha_,permitted uses in
the-Peripfieral Retail Area shall include, in addition to the permitted uses described'ih other parts of
said Section 5.3„ any commercial use permitted in the, Village Center of the District if, upon
re- commendation.of the Carmel Plan Commission,-the, Common Council of the City of Carmel,
Ihdiana byresolution approves such'other use;.and
WHEREAS, the Carmel Plan Commission has recomincrided that 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 54D of the Ordinance, 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.5,1
NOW, THEREFORE., ?3E IT RESOLVED bythe. Common Council of the,Cityof Carmel,
Indiana as follows:
Section 1. The above recitals :are-incorporated' herein by reference„and shall be`deemed-part
ofthis Resolution.
Sec€ionJI. The Common Council of the City ofCann el,.;Ihdian a,herebyapproves the uses
described on Exhibit A attached hereto and made a part, Hereof which afe'pennitted uses in the
Village Center of the, District pursuant to Section 5. LD of the: Ordinance as permitted uses in the
Peripheral Retail-Area.of'the District pursuant, to Section 5.3:A (13) of the Ordinance in addition to
the permitted uses, in the Peripheral Retail Area described in other-parts of Section 5.3 of the
Ordinance.
,Section III. This, Resohaion shall be in,full force and effect from andafter the date of-its
passage:
PASSED by the Common Council of the; City of Carmei, Indiana;. this %-'s d'ay of,
2009, by. a?vote of ayes and-' nays.
Pa _1 of 3 paces
This Resolution prepared by David R. `Warshauer, Barnes & Thomburg, LLP
COMMON COUNCfL:FOR THE CITY'OF
ATTEST:
1
Diana L. Cordray, I'AMC; Cleik4re user
Presented'' by me to the Mayor. of the City of Carmei,
7:4o 4.M.
Indiana this aro-day of 2009, at
Cordray,
Approved by me,.Mayor of the City of Carmel, Indiana, this jr/,Jday of C/.!!:le P 2009, at
ATTEST:
Diana L: Cordray
Page 2 of 3`pages.
Ja /sB=ainard, Mayor.
"this .Resolution prepared byDavid; K.,Warshauer, Barnes '&_Thornhurg,-LLP-
Ronald E. Carter
FNJTMIT A
SECTION 53A {1.3) PERMITTED USES IN THE PERIP14ERAL 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'.,Camgm slrop
11. Carpet and'rug store.
12. China-and-glassware store
13. Craft and hobby shop
14. Flower shop
15. Fumitutestore
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 fraining;shop
26. Shoe store
27. Shoe repair shop
28: Sporting goods store
29. Stationer
30. Toy store
31. Variety store
Page 3 of 3 pages
This Resolution prepared by David R. Warshatier, - rr,es &uThoinhiiirg,;LLP
COPY
RESOLUTION NO. CO
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. Z-465-04, (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 5.1D 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 T14E 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-Treasurer 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.Petshop
25. Picture framing shop
26. Shoe store
27. Shoe repair shop
28. Sporting goods store
29. Stationer
30. Toy store
31. Variety store