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Resolution No. 2009-6 RESOLUTION NO. 2–009 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 5.1D 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 THE CARMEL PLAN COMMISSION, THAT: 1. 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. SO RESOLVED BY THE CARMEL PLAN COMMISSION this 1 (O day of June, 2009. CARMEL PLAN COMMISSION QQ A President Le Di'ercKmar► A EST: i S retary comma V1 Coc -2- 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