Correspondence Page 1 of 1
Conn, Angelina V
From: Conn, Angelina V
Sent: Wednesday, May 13, 2009 8:05 AM
To: 'Keith Lash'
Cc: Hollibaugh, Mike P
Subject: FW: additional uses Village of WestClay��(� G 1iv�
Hi Keith the plan commission attorney took a look at this, and below is his proposed timeline. I think he is on the right
track, so please move forward as he suggests.
Thanks,
Angie
From: John Molitor [mailto:jmolitor @prodigy.net]
Sent: Tuesday, May 12, 2009 5:46 PM
To: Conn, Angelina V
Cc: Hollibaugh, Mike P
Subject: Re: additional uses Village of WestClay
In my judgment, then, this proposed change should be treated as purely a legislative decision for the Council. My
recommendation would be to create the following process:
1. The developer should first file its proposed resolution of approval with the City Council (NOT with the Plan
Commission).
2. The City Council should then refer the proposed resolution to the Plan Commission and request that the Commission
forward its "recommendation
3. The Plan Commission need not conduct a public hearing on the matter. I would place it on the agenda under
department communications or some other catchall category, since it does not fit into any of the Commission's
conventional docket categories.
4. The Plan Commission should promptly make its "recommendation based upon a factual determination whether the
resolution refers to a "commercial use permitted in the Village Center" (other criteria should NOT be considered).
5. The Commission's "recommendation" should then be forwarded to the City Council.
6. The City Council should then, in its discretion, decide whether or not to pass the resolution approving the proposed
use. (As I see it, that would be the end of the discussion, since there is no provision for referring the issue back to the
Plan Commission.)
Call if you want to discuss this further.
John
(317) 506 -8090
5/13/2009
ADDITIONAL PERMITTED USES FOR PERIPHERAL RETAIL AREA
1. Offices
2. Art gallery
3. Apparel shop
4. Barber shop
5. Beauty shop
6. Bicycle shop
7. Bookstore
8. Business and electornic machines and equipment sales
9. Camera shop
10. Carpet and rug store
11. China and glassware store
12. Craft and hobby shop
13. Flower shop
14. Furniture store
15. Furrier shop
16. Garden 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
V R
D. The modification shall not result in configurations of lots or street systems which
shall be unreasonable or detract materially from the appearance of the
Development.
E. The modification shall not result in any danger to the public health, safety, or
1 welfare by making access to the dwellings by emergency vehicles more difficult,
by depriving adjoining properties of adequate light and air, or by violating the
other purposes for which this Ordinance was enacted as set forth in Section 1.
1 F. The minimum lot size of any lot to be created shall not be reduced below the
requirements of this Ordinance.
II 4.4. This Ordinance contains Development Standards, which are normative and set forth
specific requirements, and Development Guidelines, which suggest preferred solutions and are
II only indicative. When applying the Development Standards and the Development Guidelines,
4 the Commission shall carefully weigh the specific circumstances surrounding the modification
petition and strive for development solutions that promote the spirit, intent and purposes of this
111 Ordinance.
4.5. If the Commission (acting through its hearing examiner or committee) determines that the
proposed modification will not have an adverse impact on development in the District, it shall
grant a modification of the Development Requirements. In granting modifications, the
Commission may impose such conditions as will, in its reasonable judgment, secure the
objectives and purposes of this Ordinance.
Section 5. Permitted Principal Uses.
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5.1. Primary Area (MU). The following uses are permitted in the Primary Area (MU) or parts
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ill thereof, subject to the applicable Development Standards.
A. The following residential uses:
(1) detached dwellings
attached dwellings
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(3) apartments
(4) accessory dwellings
(5) Village Center lofts
(6) Vertical dwellings
B. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
rn C. Civic uses.
D. The following commercial uses:
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I (1) financial institutions, including drive- through banking facilities (provided
such are located at the rear of a lot) and exterior ATMs.
(2) offices, including general offices, professional offices and real estate
offices.
(3) retail sales of goods and services permitted in the B -5 and B -7 Districts
except those described in Section 23B.5 of the Zoning Ordinance (as in
effect on January 1, 1999) unless otherwise permitted by this Ordinance or
by the Commission.
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(4) restaurants, except drive- through facilities.
(5) clinics or medical health centers.
Il E. Agricultural uses, except agri- business structures.
ro
F. Public, semi public and private recreational uses except shooting gallery, but
including bowling alley and/or billiard parlor if approved by the Commission.
tiff
G. Bed and breakfast establishment, having not more than 10 bedrooms or suites
each of which is not less than 200 square feet.
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H. Inns, having not more than 100 bedrooms or suites each of which is not less than
200 square feet, provided that, unless authorized by the Commission, no such inns
shall be permitted in that part of the District lying west of Towne Road.
No more than one (1) bed and breakfast establishment and one (1) inn may be located in the
Primary Area (MU) without the approval of the Commission.
5.1.1 Primary Area (RU). The following uses are permitted in the Primary Area (RU) or parts
rt` thereof, subject to the applicable Development Standards.
A. The following residential uses:
(1) single- family detached dwellings
(2) attached and vertical dwellings (not exceeding four family use)
II (3) accessory dwellings
B. Recreational Developments or facilities owned or operated by an Eligible Title
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Holder, including clubhouses, parks, pools, ball fields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
C. Agricultural uses, except agri- business structures.
5.1.2. Primary Area (SH). The following uses are permitted in the Primary Area (SH) or parts
I thereof, subject to the applicable Development Standards:
III A. The following residential uses:
(1) single- family detached dwellings
(2) attached dwellings
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1 i, (3) accessory dwellings
(4) senior housing
(5) vertical dwellings
B. Recreational developments or facilities owned or operated by an Eligible Title
111 Holder, including clubhouses, parks, pools, ball fields, ball courts, playgrounds and
other recreational spaces and recreational buildings.
C. Civic uses
D. Commercial uses ancillary to congregate housing and intended primarily for the use
of visitors to and residents of congregate housing.
E. Agricultural uses, except agri- business structures.
5.2. Secondary Area. The following uses are permitted in the Secondary Area:
A. Large lot single family detached dwellings.
B. Accessory dwellings.
C. Recreational developments or facilities owned or operated by an Eligible Title
Holder, including clubhouses, parks, pools, ballfields, ball courts, playgrounds
and other recreational spaces, and recreational buildings.
D.. Agricultural uses, except agri- business structures.
E. Churches or other places of worship, but only if located in that part of the
Secondary Area described in Exhibit B.
5.3. Peripheral Retail Area. The following uses are permitted in the Peripheral Retail Area:
A. The following commercial uses:
(1) financial institutions, including drive -thru teller service and exterior ATMs
(2) restaurants or fast food operations, including drive -thru window service
(3) grocery store (including customary ancillary uses such as flower shop and
bakery), including drive -thru window service
(4) drug store, including drive -thru window service
(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. Automobile body repairs are not permitted.
(6) convenience store (with or without gas sales)
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1 (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, including drive -thru window service
(13) any commercial use permitted in the Village Center if, upon recommendation
of the Plan Commission, the Council by resolution approves such other use.
B. Civic Uses
C. All residential uses permitted in the Primary Area (MU).
D. Agricultural uses, except agri- business structures.
Section 6. Permitted Accessory Uses.
The following accessory uses are permitted in the District, subject to the applicable Development
1 Standards and obtaining all required permits:
6.1. Accessory uses, buildings or structures (including home occupations), subject to the
following conditions:
A. No accessory building shall be constructed upon a lot until the construction of the
main building has been actually commenced; and no accessory building shall be
used unless the main building on the lot is also being occupied for the intended
purposes. However, nothing shall prevent the use of a temporary construction
1 facility for the storage of tools, material and equipment by a contractor during
building construction.
B. No residential accessory building may be erected in front of a main building, or in
the required front yard on the side of a corner lot, unless the accessory building is
attached to the main building by a common wall.
C. A rivate residential garage or accessory p g g c ssory building shall not exceed the living area
1 of the primary structure. The combined square footage of the residence, garage
and accessory building shall not exceed the maximum lot coverage allowed.
D. A private swimming pool shall comply with the requirements of Section 5.0(d)(2)
of the Zoning Ordinance.
E. A private tennis court shall comply with the requirements of Section 5.0(d)(3) of
the Zoning Ordinance.
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