Packet 06-16-09 r
Brenwick Development Company, inc
12821 East New Market Street, Suite 200 p 317 574 -3400
e Carmel, Indiana 46032 f 317-574-3919
DEVELOPMENT
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June 5, 2009 v
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Dear Plan Commission Member: lA!d IN
We are forwarding to you this packet of information submitted in connection with Brenwick TND
Communities, LLC's request to include some of the uses permitted in the Village Center of the Village of
WestClay as permitted within the Peripheral Retail Area (southwest corner of 131s Street and Towne
Road) which is the Uptown commercial area within the Village. The planned unit development ordinance
allows this by resolution of the City Council upon the recommendation of the Plan Commisson. Enclosed
is (i) a recap of the request, (ii) an email from CWIC2 indicating support of the request, (iii) a copy of the
form of resolution presented to the City Council which it approved (we believe subject to the Plan
Commission's recommendation) at its June lst meeting and (iv) a copy of the proposed Plan Commission
resolution with its formal recommendation. We believe these items are self explanatory; however; should
you have any questions please feel free to contact me at your convenience.
Sincerely,
BRE 7 1( DEVELOPMENT COMPANY, INC.
Keith Lash, P.E.
Executive Vice President
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...the Art of creating neighborhoods
RECAP OF THE VILLAGE OF WESTCLAY UPTOWN PERMITTED USES REQUEST
Brenwick Development proposes that some uses now permitted in the Village Center of The Village
of WestClay also be permitted in the Uptown (Peripheral Retail Area) located at the southwest corner
of 131 Street and Towne Road. Our request does not include an increase in the permissible
aggregate square footage, additional drive thru facilities, alteration of the architectural standards or
any change of development standards, including those pertaining to signage. Below is a list of the
uses already permitted in the Village Center that we propose be allowed Uptown, followed by a list
of the existing Uptown permitted uses.
ADDITIONAL PERMITTED USES FOR UPTOWN (PERIPHERAL RETAIL AREA)
1. Offices, including general offices, 15. Furniture store
professional offices and real estate 16. Furrier shop
offices 17. Gift shop
2. Clinics or medial health centers 18. Greeting card shop
3. Art gallery 19. Luggage store
4. Apparel shop 20. Music store
5. Barber shop 21. Office supply store
6. Beauty shop 22. Optician and optical sales
7. Bicycle shop 23. Paint and wallpaper sales
8. Bookstore 24. Pet shop Ali
9. Business and electronic machines and 25. Picture framing shop
equipment sales 26. Shoe store 'z/
10. Camera shop 27. Shoe repair shop
11. Carpet and rug store 28. Sporting goods st s'
11.
12. China and glassware store 29. Stationer kn JAN ko)
13. Craft and hobby shop 30. Toy store., Vi �G`
14. Flower shop 31. Variety store el
EXISTING PERMITTED USES FOR UPTOWN (PERIPHERAL RETAI
1. Financial institutions
2. Restaurants or fast food operations
3. Grocery store
4. Drug store
5. The sale of gasoline and other petroleum products exclusive of liquefied petroleum gas and,
as an accessory use only, the polishing, greasing, washing or other cleaning, servicing or
repairing of motor vehicles provided such services are rendered within a fully enclosed
service bay or shielded from view from adjacent properties.
6. Convenience store (with or without gas sales)
7. Convenience market
8. Package liquor store
9. Garden shop
10. Video sales or rental
11. Hardware store
12. Sale of coffee, ice creams, baked goods and/or prepared foods for consumption on or off the
premises
SPONSOR: Councilor Sharp
12 Afl4
RESOLUTION CC- 06- O1- 09 -01� r
A RESOLUTION OF THE COMMON COUNCIL OF D
THE CITY OF CARMEL, INDIANA t EGE
APPROVING JU S
5 Z�09 tn
ADDITIONAL PERMITTED USES DOGS
WITHIN THE PERIPHERAL RETAIL AREA OF .r
THE VILLAGE OF WESTCLAY O�
Mid Z it
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 Carmel Plan Commission has recommended 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 5.1D 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 5.3.
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
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 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 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 day of
2009, by a vote of ayes and nays.
Page 1 of 3 pages
This Resolution prepared by David R. Warshauer, Barnes Thornburg, LLP
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer Joseph C. Griffiths
W. Eric Seidensticker, President Pro Tempore Kevin Rider
John V. Accetturo Richard L. Sharp
Ronald E. Carter Luci Snyder
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this day of 2009, at
.M.
Diana L. Cordray, IAMC, Clerk- Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this day of 2009, at
.M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Page 2 of 3 pages
This Resolution prepared by David R. Warshauer, Barnes Thornburg, LLP
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 i 2 Aivj
25. Picture framing shop 4
26. Shoe store
27. Shoe repair shop
28. Sporting goods store Lo 0
REGE�
29. Stationer I JUN 5 2
30. Toy store 000S
31. Variety store
nof
Page 3 of 3 pages
This Resolution prepared by David R. Warshauer, Barnes Thornburg, LLP
RESOLUTION NO R ECEj t��U h
RESOLUTION OF THE CARMEL PLAN COMMISSION RECOMMENDING THAT l°'
THE COMMON COUNCIL OF THE CITY OF CARMEL APPROVE r
ADDITIONAL PERMITTED USES
THE PERIPHERAL RETAIL AREA OF .s m
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 day of June,
2009.
CARMEL PLAN COMMISSION
President
ATTEST:
Secretary
-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 44
23. Paint and wallpaper sales
24. Pet shop
RECEIVED
25. Picture framing shop JUN 5 2009
26. Shoe store
27. Shoe repair shop DOGS o
28. Sporting goods store
29. Stationer s `f
30. Toy store t t S'
31. Variety store
Keith Lash
From: CWIC2 [cwic2 @yahoo.com]
Sent: Wednesday, May 13, 2009 2:09 PM
To: Keith Lash
Subject: Thanks
Keith,
Thanks for inviting us to meet with you and please pass our thanks along to Mr. Sweet. The handout was a
great idea and is very reassuring. It was really smart to start it with a paragraph that clearly states the
fundamentals won't be changed before moving to what will be changed —the list of "new" uses. Those uses
seem appropriate and CWIC2 is pleased to support the resolution as presented to us at the meeting.
Marilyn Anderson, President
0,A4 911 124
RECEIVED
JUN 5 no
C4 DOGS
A
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