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CC-07-06-09-03 Village of West Clay/Retail SPONSOR Councilor Sharp RESOLUTION CC -07 06-09 -03 A RESOLUTION OF THE COMMON COUNCIL OF TILE CITY OF CARMEL, INDIANA, APPROVING ADDITIONAL PERMITTED USES WITHIN TILE 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 Distnct (the Distnct and WHEREAS Section 5 3 of the WestClay Oidinance sets forth the permitted uses in that part of the Distract descnbed in the WestClay Ordinance as the Penpheral Retail Area, and WHEREAS, Section 5 3 A (13) of the WestClay Ordinance provides that permitted uses in the Penpheral Retail Area shall include in addition to the permitted uses descnbed in other parts of said Section 5 3 any commercial use permitted in the Village Center of the Distnct if upon recommendation of the Cannel Plan Commission the Common Council of the City of Carmel Indiana by resolution approves such other use and WHEREAS, on June 1, 2006 the Common Council of the City of Carmel Indiana adopted its Resolution CC 06 01 09 01 evidencing that it would approve such additional uses upon the recommendation of the Carmel Plan Commission, WHEREAS by vote taken at is June 16 2009 public meeting the Carmel Plan Commission recommended that the uses descnbed on Inhibit 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 Ordinance be permitted uses in the Penpheral Retail Area in addition to the permitted uses in the Peripheral Retail Area described in othei pans of said Section 5 3, and WHEREAS the Common Council of the City of Carmel, Indiana wishes to Confirm its Resolution CC -06 01 09 -01 now that the Carmel Plan Commission has made its recommendation NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana as follows Section I The above recitals are incorporated herein by reference and shall be deemed part of this Resolution Section Ii The Common Council of the City of Carmel, Indiana hereby approves the uses descnbcd on Exhibit A attached hereto and made a pact hereof which are permitted uses in the Village Center of the Dismct pursuant to Section 5 ID of the Ordinance as permitted uses in the Penpheral Retail Area of the Distnct pursuant to Section 3 3 A (13) of the Ordinance in addition to the permitted uses in the Penpheral Retail Area descnbed in other parts of Section 5 3 of the Ordinance 1 This Resolution prepared by David It Warshauer Barnes Thornburg 1 LP Section III This Resolution shall be in full force and effect from and after the date of its passage PASSED by the Common Council of the City of Carmel Indiana, this today of 2009 by a vote of to ayes and 0 nays COMMON COUNCIL FOR THE CITY 0 •i „sr siding Officer to $7' L W Eric et nsticker en empore evm Rider V a.� N0 PR ESEi/T Jr V A ro Ci% Ru haid, Sharp CO resh ilti> A GL onald E Cartel uc i S n er ATTEST ill Diana L Cordray IAMC, Cle Treasurer Presented by me to the May f the City of Carmel Indiana this fP day of L 2009, at 7'/D t M Dian. Cordray i MC, Clerk- T'asurer Approved by me Mayor of the City of Carmel Indiana this 61 day of 2009 at 1 40 P M mitt, 13-4C/00 J es Simard, Mayor ATTEST L1a... 1 S, Diana L Cordray, IA C, Clerkasurer 2 This Resolution prepared by David R Warshauer Barnes Thornburg LLP EXHIBIT A SECTION 5 3A (13) PERMITTED USFS IN THE PERIPHERAL RETAIL AREA OF THE WESTCLAY VILLAGE P1 ANNED 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 Fumer shop 17 Gift shop 18 Greeting card shop 19 Luggage store 20 Music stoi e 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 3 This Resolution piepared by David R Warshauer Bares ek fhoiiiburg LLP