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Home My WebLink AboutZ-542-10 Rezone 10620 Bellefontaine St/Home Place Business OverlayORDINANCE Z- 542 -10 SPONSOR: Councilor Rider AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REZONING DISTRICT CLASSIFICATION Rezoning 0.31 acres at 10620 Bellefontaine Street, from R -3 to B -7 Business Zoning Classification, within the Home Place Business District Overlay Zone. WHEREAS, pursuant to Indiana Code 36 -7 -4, the Common Council has lawfully adopted a zoning ordinance, the terms of which are applicable to the geographic area consisting of the incorporated area of the City of Carmel, Indiana, and the unincorporated area of Clay Township, Hamilton County, Indiana, within the Horne Place Business Overlay Zone which zoning ordinance has been codified in Chapter 10 of the Carmel City Code; and WHEREAS, pursuant to Indiana Code 36 -7 -4 -605 the Common Council is authorized to amend the map that is part of the zoning ordinance; and WHEREAS, the Carmel Plan Commission has favorably recommended the rezoning of the real property, the legal description of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. That the Official Zoning Map accompanying and made part of the Zoning Ordinance is hereby changed to designate the real properties from the R -3 /Residence to B -7 /Business District Classifications within the Horne Place Business District Overlay Zone. Section 2. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. cli, PASSED by the Common Council of the City of Carmel, Indiana this 1 �9 day of 2010, by a vote of (.n ayes and 0 nays. Section 1.01 COMMON COUNCIL FOR THE CITY OF CARMEL ATTEST: ATTEST: P siding Officer Richard. L. Sharp, Press: ent Pro Tempore (Kevin Rider V. Accetturo onald E. Carter Diana L. Cordray, IAMC, Clerks asurer Presented by me to the Mayor of the City of Carmel, Indiana this 1 day of 2010, at Too -P .M. Approved by me, Mayor of the City of Carmel, Indiana, this I b day of 2010, at 1 Do -P .M. Diana L. Cordray, IAMC, Clerk Treasurer W. Eric Seiden uci,S cyder cker Diana L. Cordray, 'AMC, Clerk -Tre Brainard Mayor es y or v HOWARD HOUSE, INC. GAL DE TOOK NE LOTS NUMBERED 143 AND 144 AND PART OF LOT 142 IN ORIN JESSUP LAND COMPANY'S FIRST ADDI'T'ION, AN ADDITION TO THE TOWN OF HOME PLACE, IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 103, PAGE 21 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY" AT THE SOUTHEAST CORNER OF LOT 144 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION, AN ADDITION TO THE TOWN OF HOME PLACE, IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 103, PAGE 21; THENCE ON THE SOUTH LINE OF SAID LOT 144 AND ON THE SOUTH LINE OF LOTS 143 AND 142 NORTH 89 DEGREES 35 MINUTES 50 SECONDS WEST (ASSUMED BEARING) 100.00 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY THENCE NORTH 00 DEGREES 14 MINUTES 09 SECONDS WEST 135.00 FEET TO A IRON PIPE ON THE SOUTH RIGHT OF WAY LINE OF 107TH STREET; THENCE ON SAID SOUTH RIGHT OF WAY LINE SOUTH 89 DEGREES 35 MINUTES 50 SECONDS EAST 100.00 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "Mil .FR SURVEY" TO THE NORTHEAST CORNER OF SAID LOT 144; THENCE ON THE EAST LINE OF SAID LOT 144 SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST 135.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. Exhibit "A" EAST 107TH STREET 80' R7W tralEarl I. I N89 5'50 "W 1f .0 WOOa LOT #142 16.2'± (5 ONE) C OOP PLANTER CONCRETE PAD 5' CONCRETE PANEL FENCE 1589 SO "E 100.00' j r/ .2'A III w00D DECK PLANTER PLANTER /47.2 %-PLANTER 2 -STORY FRAME DWELLING (STONE) I I (STONE) 1 T I y CONCRETE BLOCK STORAGE SINS I 75.00 LOT #143 #144 INST.; #2009,053847 0.31 ACRES± (STONE) GATE 3.- 1 x CONCRETE INC YCONCRETE PLANTER I PAD CONCRETE PLANTER 5' R/W (ASPHALT 0 1-u LT4 0 V) Mir O 7.3 2.6'1 18.61 L n 40' LOT #126 200 CONCRETE PAD CONCRETE PAD CONCRETE PAD O O E LOT #142 1 k3 0. 35 MEtAL STORAGE CONTAINER 2.9 100' LOT #125 tr 25.00' LOTS #143, ;144 AND PART OF LOT 1142 IN ORIN .ESSUP LAND COMPANY'S FIRST ADDITION TOWN OF HOME PLACE. HAMILTON COUNTY, INDIANA LAND OE$P11ON CEWROWN 44 PEW ESTATE PER NSTRWINT 2200025280 PARCEL LOTS Nm.reErm Tn. ru OM Iu NORM EWER MHO caururcs Fwm FLO11104. NI WOW TO ME 701/1 OF WA MACE. PI MURTON COW, NOW, AS PER PLAT THEREOF. RECTFOED Or TEED MWRIT 105 OW El 1 Tia PARI Nora5 Tw�4L41Np 10 1 1421 OT wi200 w,AM. T 0 42 0 AMMO! FIRST COMTE. VaAww Am YO SP[ov:wLir RUMOR roLoo swaEron MON m g r 572 mn.�.rs�11 COMM 1, 1115 NOW T RACE: Mwa 1 411210 THE TM CH AM MOM ME SCUM MIT IM LOT TITMICE .W THOICE NORM TELE PARALLEL NM ME VEST WE OF SRO LOT WHEW .2 Al A PONT a 'or roam Lod oF LoT HARM 150 oW WV 0 WET TO ME ITORTINVEST omen OT SAO .7 ORM Di, ROMS SMYTH ISS MT TO THE PONT OT DEONIENO ALSO COSMO TAM CEMPANTR MST Wxn021. AN manor TO DM M NONE RAW M MYRRH COUNTY. RIONIA. PIO PLAT THEW, MCORMO M COM WOMB PACE W WOE OF M RECORDER OF .02011 COUNTY. MONA. M (i TETT E Paula 2 a 1. IRO .EST SOE 4 LOT 112 w woo zsso• moon E 0141 L AT0 cw.: 4170 LAW 4151 m NF N 1 20110 1 n 10 THE 70511 _FO r NO O M Cm 542 1412 AND TM w 17, MM. RJR. w HAWN. O ITS OF M6 V.2 Mom HAMLI DOOM TY. NA TRACT is TO .u. MUM N12.03 FEET Or TO Now AWOL w IuN2mN CORM. 14,144, 48 tlf AT O NE0 iNSTRwiNT www2c42. LAM PER SONDE REM.. IN 2 102 PACT r, w THE OFTrc a ra 101 4:e MAX /4 02/141 TWO 7011 /4: 010 LO T s 000 021732. DAT<o TT ((24) FUT 00 PARALLEL Mrs CET 14 00100 VEST SW Or TM 147 w 4401 POINT INVENTORY POINT I REMARKS 000 51AUz N 5 44204 ALT ED A FIN.* LE 1r C M n Y N OL04 ,2100 IMM 2I0.a CORN ,O, MLIT. MT UTILITY N07E MAIM AN 040 20 NAT x AKAR 414808101154210010 EE 0.115@0 AW 302,22.2 TOBJECT PROPERTY IS rto c2/1151 SWIRL, ROOD A 00 Ro RATE 7) 41TOW 070744/1 2040 w 7O 0 IMP MHO 2/12(2002 R000 IMP 400 I2PAPTEC SCALE TO WOWS REV. DATE FIT OCORSTOM ALTA /AGSM LAND TITLE SURVEY 4/24 11O I«, HARM WNW 40.10 1.745 SWAM 007.0 270LO ONTO MHO eURVEYOR'8 Fepcer MU WS. AIMEE N. CHAPTER 12 a ME NORMA 00NW51NAIE WOE TWEE MR 1) s T ME TWATU�a ME EMSS ow CMMERS [STMT.m ms RUMEN •s A NE !AAT a INCERTALWM 100200 TwANIENT0TTCM w RM. 4?? IN WES Cr MOM. LW 62420n. PEW MAWS ITS p4lw wm n[W T [5 2 CLIENT 2 44 OMPHO4010 ra 1 a TIM WM a POSS.. 1004 11M w DWT RAT NE BMW.. TE MEP INTIMMEN5 KNEW MEASLHED 11110.22. ALONG MT EIMMOMY MOS SHOW Hiltr011 ATO LIMOS, DORE WM OF MAO 51.1101 WORM WAR, B UT n NOT PRECISELY n SOW ne NELAME T naa wcr 0wo 0 4 THAN ME MN THE omERETHE A ua SHO COAT D ir FON n roWS OF WHIMATOH =SURE SAW ORTTERWOM THAT ARE 01EnSEB THAN THE TEAUE poonaoL OF Honer MC MO n.nroro DISMISSED WICH5R ROOM MRS 5042 AND NOWT WE WEED ihr ppm twos. HAN. DE WCW0ANCE rc ,r OM 1.41 r,E ,1 1-12-14(51, NAM a 0,215 sm. a ,E,T0TIA1,0. 140 SunE W05) 402075 NA5 No 51ANMS 70451410 NW To FL 1 Wm ShE .E, M, OWTEw BASED TM PRROWES DERIVED INN WI PRECEDENT IAM51 NE &143 MATCH MERE M NO WHO. CE 00161 TLONG ME POMETER HAW 02 ME Rawl TRACT. ALL RIMED IMNONENTS SET OR TOMO ORS SURSOR An WISH NM COSMO GIME a E DESM OT TR C ETTaelm Saner DOES N F LLOWS1c M WHOM MAT RURAL OATS TRACT Fat PEW MO NPR) AS MEMO IN TM MS 5/3 ERTH NW NM 'WW1 CAP SWAM. WOW SYMETTIC FCM0 09 wO E R LOT o OR 051515 n rr2P2m5 1ST MOUTON s/V REALER mV,ETNO E4r0 t0 *410/4 Lot F10. E510 LAND 017)00)10 .s .1,141 .w FRO WM 1001,0, 4142 SWOOP REALM 9440120' FOND 40 s/e• 7)w Neo�nrx war sTr v�721 4000,10 Ta o w uY coati+, New 15 Mss tat a 411102700114 M WATS. a THEW wow.., 1. POSSESSION TO 7P5 NORTH IS NIPROYMENTS OF EAST 102TN STREET NO FIOSTING TOW. PERMESSON TO DM M WOW A•7) MI 010x. uuI TRO RAO r TO SMELT 2717 EWING MONO 50 ACCURACY NTAER re 1e 07,107 WO AN, EN MOUTON WNW Anw COME 1 /44 OT M' F.. tlFOR.CF u1C 1125 701 ilAWTEN COUNTY, NO WA (WM DAM i n 2 2 mS) CN E0.wo ..w„1.1 CONED HEREON 15 A5 CU'TFIN w COMITY l0 5, THE WITTEN PLAT NO SMOLT WM MEMO REMOLD BLNEM DT A WHOM TIRE PCOLT 45 oxrR CERTIFICATION F 048404801110 COP 43 12 ALL 010112111. SNOW HAS N01 aVN o« LOCATED THE '1" ,�Fn A,m"AL;e,�s 571 5.5 0 0 4 .Ma, q Y i IWO MO WONTED BY AMA MOW 2�I IN 2 S O MOMS FLOOD ZOPE D@WTION mm w w, Two HA R ESPLMATION MOSOTRED IN 12. NWT Or Now, THE 5.051 PORT. 1 ACCUNTOT 15 P25 FEET. MEW Tr• ,0144 20.02 mo lloslows FATATT TO 4115TATMMI Cr TAMS MANNWILIE Cr WW1. T M NO MENAI M DM 1 7 0 w L G 41 5: NO R M TH T cfn MILLER SMUT SURVEYING INC. PH (5121775-25.1 773-20fra COWER WELEMILLE NW. 1.1050 o Nw.101v5 ,L; r 10 OOP I1,.r4 0e. o OOP 002 a 0 4x 0 4,0 /2wv ,Oi,v25 4 00 O. TWO TITLE S1SNEY 0 R 3 1, DOCKET No, 10040003 SP 40 40' LOT #127 SECONDARY PLAT REPLAT OF LOTS #143, #144 AND PART OF LOT #142 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH, RANGE 3 EAST, TOWN OF HOME PLACE, CLAY TWP., HAMILTON COUNTY, INDIANA LOT #141 T 1 40' LOT #126 THIS INSTRUMENT PREPARED BY: K. NATHAN ALTHOUSE MILLER SURVEYING, INC. 948 CONNER STREET NOBLESVILLE. IND. 46060 Ph 773 -2644 Fx 773 -2694 DATE OCTOBER 13. 2009 Job No. 832805 20' PART OF LOT #142 r EAST 107TH STREET 6' S8d °35'50 "E i bo.00' N89 °35'50 "W 1 OOI.00' LOT 100' #125 ZONING 7 PACE 1 OF 2 0 z 0 20NED: HOME PLACE BUSINESS DISTRICT R3 RESIDENCE OWNER SUBDIVISION BUILDING HEIGHT: MIN 20', MAO 35' HOWARD HOUSE, INC MINIMUM FRONT YARD SETBACK: 5' 10620 BELLF IN NA STREET INDIANAPOLIS, MINIMUM SIDE YARD: THERE ARE NO MIN. SIDEYARD SETBACKS LIZ J. MATTATT IN GL Y 260 -1125 46 46 WALKWAYS TO REAR PARKING MUST BE A MINIMUME OF 6' WIDE W 317 -502 -2999 MINIMUM REAR YARD SETBACK: 10' PENDING 13-7 (DOCKET No. 10040604 Z) 40' LOT #145 LOT #124 LEGEND: GRAPHIC SCALE 0 10 20 40 SCALE I' 20' R/W RIGHT —OF —WAY SO.FT.f SQUARE FEET (MORE OR LESS) 19 5/8 REHAR W/ MILLER CAP 0 IRON PIPE VICINTY MAP NOT TO SCALE SOURCE OF TITLE INSTRUMENT NUMBER 2009053847 STATE ROAD No:31 C Hw 1 I 3 i 1 S te' I g ,�8 3� 3' 106TH S PR E E F I DOCKET No, 10040003 SP 40 40' LOT #127 SECONDARY PLAT REPLAT OF LOTS #143, #144 AND PART OF LOT #142 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH, RANGE 3 EAST, TOWN OF HOME PLACE, CLAY TWP., HAMILTON COUNTY, INDIANA LOT #141 T 1 40' LOT #126 THIS INSTRUMENT PREPARED BY: K. NATHAN ALTHOUSE MILLER SURVEYING, INC. 948 CONNER STREET NOBLESVILLE. IND. 46060 Ph 773 -2644 Fx 773 -2694 DATE OCTOBER 13. 2009 Job No. 832805 20' PART OF LOT #142 r EAST 107TH STREET 6' S8d °35'50 "E i bo.00' N89 °35'50 "W 1 OOI.00' LOT 100' #125 ZONING 7 PACE 1 OF 2 0 z 0 20NED: HOME PLACE BUSINESS DISTRICT R3 RESIDENCE OWNER SUBDIVISION BUILDING HEIGHT: MIN 20', MAO 35' HOWARD HOUSE, INC MINIMUM FRONT YARD SETBACK: 5' 10620 BELLF IN NA STREET INDIANAPOLIS, MINIMUM SIDE YARD: THERE ARE NO MIN. SIDEYARD SETBACKS LIZ J. MATTATT IN GL Y 260 -1125 46 46 WALKWAYS TO REAR PARKING MUST BE A MINIMUME OF 6' WIDE W 317 -502 -2999 MINIMUM REAR YARD SETBACK: 10' PENDING 13-7 (DOCKET No. 10040604 Z) 40' LOT #145 LOT #124 LEGEND: GRAPHIC SCALE 0 10 20 40 SCALE I' 20' R/W RIGHT —OF —WAY SO.FT.f SQUARE FEET (MORE OR LESS) 19 5/8 REHAR W/ MILLER CAP 0 IRON PIPE VICINTY MAP NOT TO SCALE SOURCE OF TITLE INSTRUMENT NUMBER 2009053847 SOURCE OF TITLE INSTRUMENT NUMBER 2009053847 REPLAT OF LOTS #143, #144 AND PART OF LOT #1.42 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 17 NORTH, RANCE 3 EAST, TOWN OF HOME PLACE, CLAY TWP., HAMILTON COUNTY, INDIANA DOCKET No. 10040003 SP LAND DESCPoPf!ON DESCRIPTION OF REAL ESTATE LOTS NUMBERED 143 AND 144 AND PART OF LOT 142 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION, AN ADDITION T3 THE TOWN OF HOME PLACE. IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 103, PAGE 21 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY AT THE SOUTHEAST CORNER OF LOT 14-4 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION, AN ADDITION TO THE TOWN OF HOME PLACE, IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 103, PAGE 21; THENCE ON THE SOUTH UNE OF SAID LOT 144 AND ON THE SOUTH LINE OF LOTS 143 AND 142 NORTH 89 DEGREES 35 MINUTES 50 SECONDS WEST (ASSUMED BEARING) 100.00 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED 'MILLER SURVEY; THENCE NORTH 00 DEGREES 14 MINUTES 09 SECONDS WEST 135.00 FEET 11) A IRON PIPE ON THE SOUTH RIGHT OF WAY UNE OF 10711-1 STREET; THENCE ON SAID SOUTH RIGHT OF WAY LINE SOUTH 09 DEGREES 35 MINUTES 50 SECONDS EAST 100.00 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY' TO THE NORTHEAST CORNER OF SAID LOT 144; THENCE ON THE EAST UNE OF SAID LOT 144 SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST 135.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. CERTIFICATE OF SURVEY MIS I5 A PLAT OF 1 LOT IN CLAY TOVMSHIP, HAMILTON COUNTY, 1603514. THIS PLAT WILL BE KNOWN AS THAT REPLAY OF LOTS /143, ►144 AND PART OF LOT 1142 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION. THE SIZE OF LOTS AND WIDTH OF STREET ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. CROSS— REFERENCE IS HEREBY MADE TO A SURVEY RECORDED IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA. I, K. NATHAN ALT1 1043 E. THE UNDERSIGNED CERTIFY THAT I AM A REGISTERED LAND SURVEYOR, UCENSED IN COMPLIANCE WITH THE LAWS OF THE STATE OF INDIANA AND THAT THE WITHIN PLAT REPRESENTS A SUBDIVISION OF THE LANDS SURVEYED WITHIN THE CROSS REFERENCED SURVEY PLAT, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE HAS BEEN 1.10 CHANGE FROM THE MATTERS OF THE SURVEY REVEALED BY THE CROSS— REFERENCE SURVEY AND ANY LINOS THAT ARE COMMON W1111 111E NEW SUBDINSION. WITNESS MY SIGNATURE THIS DAY OF CERTIFIED T1115 DAY OF MILLER SURVEYING, INC. K. NATHAN ALTHDUSE, PL5 PROFESSIONAL LAND SURVEYOR No. L5 20400007 STATE OF INDIANA CERTIFICATE OF PLAN COMMISSION UNDER AUTHORITY PROVIDED BY INDIANA CODE 36 -7- 4-710. AND ORDINANCES ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS RE —PLAT WAS GIVEN APPROVAL BY THE CITY OF CARMEL AS FOLLOWS: 2009 GRANTED ADMINISTRATIVE APPROVAL BY THE DEPARTMENT OF COMMUNITY SERVICES PURSUANT TO ARTICLE %I OF THE CARMEL /CLAY PLAN COMMISSIONS RULES OF PROCEDURE ON BY MICHAEL P. HOLUBAUCH, DIRECTOR. DEPARTMENT OF COMMUNITY SERVICES, CARMEL, INDIANA ZONING ZONED: HOME PLACE BUSINESS DISTRICT R3 RESIDENCE BUILDING HEIGHT: MIN 20. MAO 35' MINIMUM FRONT YARD: 5' MINIMUM SIDE YARD: THERE AR1 NO MIN. SIDEYARD SETBACKS WALKWAYS TO REAR PARKING MUST BE A MINIMUMS OF 6' WADE MINIMUM REAR YARD: 10' THIS INSTRUMENT PREPARED BT: K. NATHAN ALTHOUSE MILLER SURVEYING, INC 946 CONNER STREET NOBLESVILLE, 1N0. 46060 Ph 773 -2644 Fa 773 -2694 DATE: OCTOBER 13, 2009 Job No. 632601 2009. OWNER SUBDIVISION HOWARD HOUSE. INC 10620 BELLFONTAINE STREET INDIANAPOLIS, IN 46280 -1125 LIZ J. MATTINGLY 317- 502 -2999 NOTE: DECORATIVE. SIGNS, SPRINKLER SYSTEMS, TREES, LANDSCAPING MOUNDS, FENCES, LICHT POLES OR OTHER SUCH AMENITIES ARE NOT PERMITTED WITHIN THE RIGHT OF WAY SECONDARY PLAT PAGE 2 OF 2 CERTIFICATE OF OWNERSHIP I, UE MATTINGLY. A MEMBER OF HOWARD HOUSE. INC, 00 HEREBY CERTIFY 11-1AT IN SUCH CAPACITY THAT (THAT HOWARD H OUSE, INC) IS THE 01MNER OF THE PROPERTY DESCRIBED IN THE ABOVE CAPTION AND THAT AS SUCH OWNER HAS CAU5E0 THE SAID ABOVE DESCRIBED PROPERTY TO BE SURVEYED AND SUBOINOED AS 340141 CN T111 HEREIN DRAWN RE —PLAT. AS ITS FREE AND VOLUNTARY ACT. HOWARD HOUSE. INC B Y- PRINTED: 112 J. MATI1NI11 TITLE 44(00FR I AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT I HAVE TAKEN REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THE DOCUMENT. UNLESS 010014ED BY LAW. (BRYAN BEDFORD) STATE OF INDIANA SS COUNTY OF HAMILTON BEFORE 1.11, A NOTARY PUBLIC, IN AND FOR 5AN COUNTY AND STATE, PERSONALLY APPEARED LIZ MATTINGLY. A MEMBER OF THAT HOWARD HOUSE INC., ACKNGW.IDGED THAT SHE SIGNED THE ABOVE CERTIFICATE IN SUCH CAPACITY AS THEIR OM AND FREE VOLUNTARY ACT AND 0® FOR THE USES AND PURPOSES THERDN SET FORTH. VT 111>111111111 y PY p( 0 f. 2. 1 SEAL DEED OF DEDICATION FORMS A DEED OF DEDICATION, IN SUBSTANT1A11Y THE 401108195 FORM. SHALL APPEAR ON EVERY FINAL FOR A SUBDPASION: WE, THE UNDERSIGNED, (THAT HOWARD HOUSE, INC) OWNERS OF THE REAL ESTATE SHOWN ANO OESCRBE0 HEREIN, 00 HEREBY CERMET THAT WE HAVE LND OTT. PLATTED AND SUBOMDED, AND DO HEREBY LAY OFF, PLAT AND SUBDIVIDE, SAID REAL ESTATE IN ACCORDANCE W1TH THE WITHIN PLAT. THE SUBDIVISION SHALL BE KNOWN AND DESIGNATED AS THAT HOWARD HOUSE AN ADDITION 10 HAMILTON COUNTY ALL STREETS AND ALLEYS SHOWN AND N01 HERETOFORE DEDICATED. ARE HEREBY DEDICATED TO THE PUBLIC, FRONT AND SIDE YARD BUILDING SETBACK UNES ARE HEREBY ESTABLISHED AS 5HOM1 ON THIS FLAT. BETWEEN WHICH LINES AND THE PROPERTY UNES OF THE STREET THERE SHALL BE ERECTED OR MAINTAINED NO BUILDING OR STRUCTURE. THERE ARE STRIPS OF GROUND 20 FEET IN 'WIDTH AS SHOWN CN THIS PUT AND MARKED "EASEMENT', RESERVED FOR THE USE Of PUBLIC UT UTES FOR THE INSTALLATION OF WATER AND SEWER MAINS. POLES. DUCTS, LINES AND WIRES SUBJECT AT ALL TIMES TO THE PROPER AUTHORITIES AND TO THE EASEMENT HEREIN RESERVED. NO PERMANENT CR OTHER STRUCTURES ARE TO BE ERECTED OR MAINTAINED UPON SAID STRIPS OF LAND, BUT OWNERS OF LOTS IN T1115 SUBDIVISION SHALL TAKE THEIR T11E5 SUBJECT TO THE RIGHTS OF THE PUBLIC UTUTES.(AODITONAL DEDICATIONS AND PROTECTIVE COVENANTS, OR PRIVATE RESTRICTIONS, WILL BE INSERTED HERE UPON THE SUB080085 INITA1IVE OR THE RECOMMENDATIONS OF THE COW /1SSION. IMPORTANT PROVISIONS ARE THOSE SPECIFYING THE USE TO BE MADE DF THE PROPERTY AND. IN 111E CASE OF RESDENTAL USE, THE MINIMUM HABITABLE FLOOR AREAS) THE FOREGOING COVENANTS, OR RESTRICTIONS. ARE TO RUN Y4T4 THE LAND AND SHALL BE BINDING ON ALL PARTIES AND ALL RM50N5 CLAIMING UNDER THEN UNTIL JANUARY 1, 20 (A 25—YEAR PERIO0 I5 SUGGESTED). AT WIHCH TIME SAID COVENANTS, OR RESTRICTIONS. SHALL BE AUTOMATICALLY EXTENDED FOR OJCCE594E PERMS OF 10 PEARS UNLESS CHANCED BY LUTE OF A MAJORITY O THE THEN O WNERS OF THE BUILDINGS COVERED BY THESE COVENANTS OR RESTRICTIONS, IN WHOLE OR IN PART. INVALIDATION OF ANY ONE OF THE FOREGONC COVENANTS OR RE5TRICTONS BY JUDGMENT OR COURT ORDER, SHALL IN NO WAY AFFECT ANY OF THE OTHER COVENANTS OR RESTRICTIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. NOTARY PUBLIC SIGNATURE` NOTARY PUBLIC PRINTED' COUNTY OF 010515/0 MY COMMISSION EXPIRES ON' THE RIGHT TO ENFORCE THESE PR0`A3040 BY INJUNCTION, TOGETHER 9114 ME RICNT TO CAU5E THE REMOVAL, BY DUE PROCESS OF LAW, OF ANY STRUCTURE OR PART THEREOF ERECTED 0R MAINTAINED IN VIOLATION HTIREOF, 15 HEREBY DEDICATED TO 111E PUBUC. AND RESERVED TO THE SEVERAL OWNERS OF THE SEVERAL LOTS IN THIS SUBDIVISION AND TO THEIR HERS AND ASSIGNS. WITNESS OUR HAN05 MID SEA15 MIS DAY OF 2009 STATE OF INDIANA )Ss COUNTY OF HAMILTON BEFORE ME THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR THE COUNTY AND STATE, PERSONALLY APPEARED FOR EACH SEPARATELY AND SEVERALLY ACKNOWLEDGED THE EXECUTION O THE FOREGOING INSTRUMENT AS HIS OR HER VOLUNTARY ACT AND DEED, FOR THE PURPOSES THEREIN EXPRESSED. WITNESS MY HAND AND NOTARIAL SEAL 1915 DAY OF 200 CHRISTINE ALTMAN, MEMBER MY COMMISSION EXPIRES: I AM A RESIDENT OF COUNTY. BOARD OF COUNTY COMMISSIONERS CERTIFICATE UNDER AUTHORITY PROVIDED BY CHAPTER 47, ACTS OF 1951, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA. AND ALL ACTS AMENDATORY THERETO. THIS PLAT WAS GIVEN APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY. INDIANA. AT A MEETING HELD: 2010. BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA STEVE HOLT, PRESIDENT STEVE DILIJNCER, VICE PRESIDENT ATTEST: HAMILTON COUNTY, AUDITOR (SEAL) DAWN COVERDALE 0 ,RI ,1 11111 z SEAL I ','''T44 III7lA P\\�J REZONE APPLICATION —PETITION TO C INCORPORATED BY REFERENCE INTO THE CARMEL/CLAY ZONIN a MIu i. FEES: Rezone 858.00 plus $119.00 per acre (PUD $2,782.00, plus $119.110 per acre) Date: April 16, 2010 Docket No.: Name of Owner. Howard House, Inc. Phone No.: (317) 506 4394 Owner's Address Fax no.: (317) 506 4394 15936 Joliet Road Email: barkerlaw @indy.rr.com Record of Ownership: Deed Book: Tax Parcel ID No(s). 17- 13- 01 -06- 009 -.000; 29- 13- 01- 306 009.000.003 Rezone Application -03.14.10 ANCE State, ZIP Westfield, IN 46074 Contact Person Name and Company: David J. Barker, Barker Law Offices Contact Person Phone, Fax, Email: (317) 506 1394; (317) 575 -6260; barkerlaw@indy.rr.com Contact Person Address: 650 N. Rangeline Road, Carmel, IN 46032 Page: Purchase Date: 7/11/2000 Legal Description: (Use additional page(s) if necessary): (See Attached Legal Description) Common Address of Property Involved (or General Description if no Address Exists): 10620 Bellefontaine Street, Indianapolis, IN 46280 Proposed Zoning Change: From the R -3 District to the B -7 District, for the property shown outlined in red on the map attached hereto, which is made a part of this petition. (See Attached) Statement of compliance with the Carmel/Clay Comprehensive Plan (use additional pages if necessary): The requested B -7 Zoning is comparable with the current surrounding parcels in Homeplace; and, would meet all zoning requirements necessary for the current owner to continue with uses that have been in existence since year 2000. AFFIDAVIT (1/We), being duly swam, depose and say that (1/We) (am/are) the (owner(s)) of Fifty Percent (50%) or more of the property involved in this application and that the foregoing signatures, statements, and answers herein contained and the information herewith submitted are in all respects true d co ect to the best of (my /our) knowledge and belief. Signature (typed or printed) Address Westfield, IN 46074 City, State, ZIP 15936 Joliet Road The applicant, correspondent, or agent (if different from owner or owners) Name Name Telephone Telephone Date Date State of Indiana SS: County of Hamilton Before me the undersigned, a Notary Public for Marion County Signature) ,nrIkkr n (printed or typed) Affidavit -03.14.10 Elizabeth J. Mattingly (officer's county of residence) County, State of Indiana, personally appeared Elizabeth J. Mattingly and (name of person(s)) Acknowledged the execution of the foregoing instrument this 16 day of April 2010. My commission expires: 67^ 05-- ILt Jennifer Hummel Notary Public Seal State of Indiana Marion County Commission Expires 07105/2014 NOTICE OF PUBLIC HEARING BEFORE THE CARMEL PLAN COMMISSION Docket Number 10040004 Z Notice is hereby given that the Carmel Plan Commission meeting on June 15, 2010 at 6:00 o'clock P.M. in the City Hall Council Chambers, Second Floor, 1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon an application. The application is identified as Docket No. 10040004 Z Orin Jessup Land Company's 1 Addition, Lots 142(pt)- 144 Howard House, Inc. The applicant seeks approval to rezone 0.31 acres at 10620 Bellefontaine St., from R -3 to B -7 /Business Zoning Classification, within the Home Place Business District Overlay. Filed by David J. Barker, Esq. of BARKER LAW OFFICES on behalf of Howard House, Inc. The real estate affected by said application is described as follows: LOTS NUMBERED 143 AND 144 AND PART OF LOT 142 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION, AN ADDITION TO THE TOWN OF HOME PLACE, IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 103, PAGE 21 IN THE OFHCE OF THE RECORDER OF HAMILTON COUNTY, INDIANA BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY" AT THE SOUTHEAST CORNER OF LOT 144 IN ORIN JESSUP LAND COMPANY'S FIRST ADDITION, AN ADDITION TO THE TOWN OF HOME PLACE, IN HAMILTON COUNTY, INDIANA, AS PER PLAT THEREOF, RECORDED IN DEED RECORD 103, PAGE 21; THENCE ON THE SOUTH LINE OF SAID LOT 144 AND ON THE SOUTH LINE OF LOTS 143 AND 142 NORTH 89 DEGREES 35 MINUTES 50 SECONDS WEST (ASSUMED BEARING) 100.00 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY THENCE NORTH 00 DEGREES 14 MINUTES 09 SECONDS WEST 135.00 FEET TO A IRON PIPE ON THE SOUTH RIGHT OF WAY LINE OF 107TH STREET; THENCE ON SAID SOUTH RIGHT OF WAY LINE SOUTH 89 DEGREES 35 MINUTES 50 SECONDS EAST 100.00 FEET TO A 5/8 INCH STEEL REBAR WITH A YELLOW CAP STAMPED "MILLER SURVEY" TO THE NORTHEAST CORNER OF SAID LOT 144; THENCE ON THE EAST LINE OF SAID LOT 144 SOUTH 00 DEGREES 14 MINUTES 09 SECONDS EAST 135.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS. All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an opportunity to be heard at the above mentioned time and place. Written comments may be sent to: Cannel Plan Commission, c/o Ramona Hancock, Secretary, Carmel City Hall, One Civic Square, Carmel, IN 46032; and files may be examined at: Department of Community Services, Division of Planning Zoning, Carmel City Hall, 3 Floor, Carmel, IN 46032, 317 571 -2417. May 18, 2010 1 EYOR'S O FF Xenton C. Ward, CrF.N1 Surveyor of J-fnmilion County (Phone 3 1 7 77 Fax (317) 776 -9626 Suite 136 One ?familton County Square .Noblesville, Indiana 46o6o-223o Barker Law Offices ATTN: David Barker, Esq. 650 North. Rangeline Road Carmel, IN 46032 VIA E MAIL: barkerlaw @indv.rr.com RE: Replat of Lots #143, #144, and Part of #142 in Orin Jessup Land Company's First Addition Howard House Dear Mr. Barker: We have reviewed the secondary plat submitted to the Hamilton County Surveyor's Office on May 17, 2010, for this project and have the following comments: 1. The proposed project falls in the unincorporated area and MS4 jurisdiction of Hamilton County. 2. The proposed project DOES NOT fall in a Carmel Wellhead Protection Zone. 3. The proposed project falls in the Home Place Regulated Drain Watershed. 4. The Home Place Regulated Drain runs north and south under North Bellefontaine Street, Arm 2 of the Home Place Regulated Drain run east and west under 107 Street, and Arm 4 of the Home Place Regulated Drain run east and west under the alley south of this proposed plat. The Regulated Drain Easement for these tiles is the statutory 75' from the center line of the tile. 5. Please show the Home Place Regulated Drain Easement on the plat based on the 75' from the actual centerline of the tile. 6. The Home Place Regulated Drain Easement may be eligible for reduction via Subdivision Non enforcement Agreement. Please contact Mary Garmon, Hamilton County Surveyors Office Permits Inspector, to3etermme an acceptable distance from the centerline of the tile to propose to the Hamilton. County Drainage Board for consideration. 7. If easement reduction is sought, the proposed easement and Subdivision Non- enforcement Agreement will need to be approved by the Drainage Board prior to the plat being approved by the Hamilton County Commissioners. 8. The Hamilton County Surveyor's Office has no comments on the proposed rezone of the property. Should you have any questions, 1 can be reached at 317- 776 -8495. Sincerely, Greg Hoyes, AC, CFM, CPESC Plan Reviewer CC: Christine Barton Holmes Carmel DOCS Dave Barnes Carmel Engineering Greg I1ko Crossroad Engineers Dave Lucas HCHD Nathan Althouse Miller Surveying STATEMENT OF CONSENT Comes now the undersigned individual and hereby consents and agrees as follows: 1. That the undersigned individual is an adjacent property owner to the Real Estate indentified herein and as located in Hamilton County, Indiana; 2. The Real Estate that is the subject matter of this consent is identified as: Parcel 1 10616 Bellefontaine, Indianapolis, Indiana, 46218, and having a legal description as follows: The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's Addition to Home Place, in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, EXCEPT 20 feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition; and, Parcel II 10620 Bellefontaine, Indianapolis, Indiana, 46218: and having a legal description as follows: Lots Numbered One Hundred Forty two (142), One Hundred Forty three (143) and One Hundred Forty four (144) in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place in Hamilton County, Indiana as per plat thereof, recorded in Deed Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana. Except: Part of Lot Numbered One Hundred Forty two (142) in Orin Jessup Land Company Plat of the First Addition, and Addition to the Town of Home Place, as said Addition is recorded in the Deed Record 103, page 21, in the records of Hamilton County, Indiana, and more specifically described as follows: Beginning at the Southwest corner of Lot Number One Hundred Forty two (142) in the Orin of Jessup Land Company plat of the First Home Place; thence East 20 feet on and along the South Line of said Lot Number One Hundred Forty two (142); thence North 135 feet parallel with the West line of said Lot Number One Hundred Forty two (142) at a point on the North line of said Lot Number One Hundred Forty two (142); thence West 20 fee to the Northwest comer of said Lot Number One Hundred Forty two (142); thence South 135 feet to the point of beginning Also Except: The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company' s First Addition, an Addition to the Town of Home Place, in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, except 1 Twenty (20) feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition.(w.ith_both Parcels being individually _and collectively referred to as "Real Estate 3. That the owner of the Real Estate is a corporate entity identified as Howard House, Inc. with the 100% shareholder being Elizabeth J. Mattingly; 4. That Howard House, Inc. intends to rezone the Real Estate from a residential classification of R3 to a mixed use zoning which would encompass commercial, business and retail uses; and, 5. By signature hereinbelow I hereby fully support, consent to and agree with said rezoning of the Real Estate. By signature hereinbelow, the undersigned hereby acknowledges and consents to the above matters as of the day of July, 2009. 2 STATEMENT OF CONSENT Comes now the undersigned individual and hereby consents and agrees as follows: 1. That the undersigned individual is an adjacent property owner to the Real Estate indentified herein and as located in Hamilton County, Indiana; 2. The Real Estate that is the subject matter of this consent is identified as: Parcel 1 10616 Bellefontaine, Indianapolis, Indiana, 46218, and having a legal description as follows: The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's Addition to Home Place, in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, EXCEPT 20 feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition; and, Parcel II 10620 Bellefontaine, Indianapolis, Indiana, 46218: and having a legal description as follows: Lots Numbered One Hundred Forty two (142), One Hundred Forty three (143) and One Hundred Forty four (144) in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place in Hamilton County, Indiana as per plat thereof; recorded in Deed Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana. Except: Part of Lot Numbered One Hundred Forty two (142) in Orin Jessup Land Company Plat of the First Addition, and Addition to the Town of Home Place, as said Addition is recorded in the Deed Record 103, page 21, in the records of Hamilton County, Indiana, and more specifically described as follows: Beginning at the Southwest corner of Lot Number One Hundred Forty two (142) in the Orin of Jessup Land Company plat of the First Home Place; thence East 20 feet on and along the South Line of said Lot Number One Hundred Forty two (142); thence North 135 feet parallel with the West line of said Lot Number One Hundred Forty two (142) at a point on the North line of said Lot Number One Hundred Forty two (142); thence West 20 fee to the Northwest comer of said Lot Number One Hundred Forty two (142); thence South 135 feet to the point of beginning. Also Except The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place, in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, except: 1 By signature hereinbelow, the undersigned hereby acknowledges and consents to the above matters as of the day of iuly, 2009. gie)4' BY: 10 11 3 /f i W1/ PRINTED: f 1U IL ID PIG_tG A ADDRESS: q a a� �1 /Or J r /0' /N L/ Twenty (20) feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition (with both Parcels .being .individuall_y_ andsollectively. referred to as "Real Estate"). 3. That the owner of the Real Estate is a corporate entity identified as Howard House, Inc. with the 100% shareholder being Elizabeth J. Mattingly; 4. That Howard House, Inc. intends to rezone the Real Estate from a residential classification of R3 to a mixed use zoning which would encompass commercial, business and retail uses; and, 5. By signature hereinbelow I hereby fully support, consent to and agree with said rezoning of the Real Estate. 2 STATEMENT OF CONSENT Comes now the undersigned individual and hereby consents and agrees as follows: 1. That the undersigned individual is an adjacent property owner to the Real Estate indentified herein and as located in Hamilton County, Indiana; 2. The Real Estate that is the subject matter of this consent is identified as: Parcel 1 10616 Bellefontaine, Indianapolis, Indiana, 46218, and having a legal description as follows: The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's Addition to'Home Place, in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, EXCEPT 20 feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition; and, Parcel Tl 10620 Bellefontaine, Indianapolis, Indiana, 46218: and having a legal description as follows: Lots Numbered One Hundred Forty two (142), One Hundred Forty three (143) and One Hundred Forty four (144) in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place in Hamilton County, Indiana as per plat thereof, recorded in Deed Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana. Except: Part of Lot Numbered One Hundred Forty two (142) in Orin Jessup Land Company Plat of the First Addition, and Addition to the Town of Home Place, as said Addition is recorded in the Deed Record 103, page 21, in the records of Hamilton County, Indiana, and more specifically described as follows: Beginning at the Southwest corner of Lot Number One Hundred Forty two (142) in the Orin of Jessup Land Company plat of the First Home Plaot thence East 20 feet on and along the South Line of said Lot Number One Hundred Forty two (142); thence North 135 feet parallel with the West line of said Lot Number One Hundred Forty two (142) at a point on the North line of said Lot Number One Hundred Forty two (142); thence West 20 fee to the Northwest corner of said Lot Number One Hundred Forty two (142); thence South 135 feet to the point of beginning. Also Except: The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place, in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, except: 1 Twenty (20) feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition. (with both Parcels being individually .anddcollectively.referred to as "Real Estate"). 3. That the owner of the Real Estate is a corporate entity identified as Howard House, Inc. with the 100% shareholder being Elizabeth J. Mattingly; 4. That Howard House, Inc. intends to rezone the Real Estate from a residential classification of R3 to a mixed use zoning which would encompass commercial, business and retail uses; and, 5. By signature hereinbelow I hereby fully support, consent to and agree with said rezoning of the Real Estate. By signature hereinbelow, the undersigned hereby acknowledges and consents to the above matters as of the day of July, 2009. BY: 4&i PRINTED: 3 f)l, le4 ADDRESS: 75D g 1 L76 WITNESS: t PRINTED /1 .41.12A-11 1 2 STATEMENT OF CONSENT Comes now the undersigned individual and hereby consents and agrees as follows: 1. That the undersigned individual is an adjacent property owner to the Real Estate indentified herein and as located in Hamilton County, Indiana; 2. The Real Estate that is the subject matter of this consent is identified as: brEdi 10616 Bellefontaine, Indianapolis, Indiana, 46218, and having a legal description as follows: The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's Addition to Home Place, in Hamilton County, Indiana, as per plat thereof recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, EXCEPT 20 feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's First Addition; and, Parcel II 10620 Bellefontaine, Indianapolis, Indiana, 46218: and having a legal description as follows: Lots Numbered One Hundred Forty two (142), One Hundred Forty three (143) and One Hundred Forty four (144) in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place in Hamilton County, Indiana as per plat thereof, recorded in Deed. Record 103, page 21 in the Office of the Recorder of Hamilton County, Indiana. Except Part of Lot Numbered One Hundred Forty two (142) in Orin Jessup Land Company Plat of the First Addition, and Addition to the Town of Home Place, as said Addition is recorded in the Deed Record 103, page 21, in the records of Hamilton County, Indiana, and more specifically described s follows: Beginning at the Southwest corner of Lot Number One Hundred Forty two (142) in the Orin. of Jessup Land Company plat of the First Home Place; thence East 20 feet on and along the South Line of said Lot Number One Hundred Forty two (142); thence North 135 feet parallel with the West line of said Lot Number One Hundred Forty two (142) at a point on the North line of said Lot Number One Hundred Forty two (142); thence West 20 fee to the Northwest corner of said Lot Number One Hundred Forty two (142); thence South 135 feet to the point of beginning. Also Except The South 65 feet of Lots Numbered 142, 143, and 144 in Orin Jessup Land Company's First Addition, an Addition to the Town of Home Place, in Hamilton County, Indiana, as per plat thereof, recorded in Deed Record 103, page 21, in the Office of the Recorder of Hamilton County, Indiana, except By signature hereinbelow, the undersigned hereby acknowledges and consents to the above matters as of the day of July, 2009. BY: PRINTED: C ADDRESS: 5 G 7 "r tecAs: e/2 Twenty (20) feet by parallel lines off the entire West side of Lot 142 in Orin Jessup Land Company's FirstAddition(with both Parcels being .individnR and collectively referred to as "Real Estate 3. That the owner of the Real Estate is a corporate entity identified as Howard House, Inc. with the 100% shareholder being Elizabeth J. Mattingly; 4. That Howard House, Inc. intends to rezone the Real Estate from a residential classification of R3 to a mixed use zoning which would encompass commercial, business and retail uses; and, 5. By signature hereinbelow I hereby fully support, consent to and agree with said rezoning of the Real Estate. /JAW Ricg 2 �F To: The Honorable Common Council of the City of Carmel Hamilton County, .Indiana Dear Members: The Cannel Plan Commission offers you the following report on the application {Docket No. 1.0040004 Z) of Howard House. Inc, petitioning the Commission for a favorable recommendation to rezone 0.31 acres located at 10620 Bellefontaine Street, from the R -3 /Residence to the B- 7 /I3usiness District, within the Home Place Business Overlay Zone. The Cartnel. Plan Commission's recommendation on the petition of the applicant is "FAVORABLE." At its regularly scheduled meeting on .Tune 15, 2010, the Carmel Plan Commission voted ten (10) in Favor. zero (0) opposed, zero (0) abstaining, to forward to the Common Council the proposed Ordinance Z- 542 -10 with a FAVORABLE recommendation. Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant to IC 36-7 4- 608(f)(4). the Council has ninety (90) days to act on this petition before it becomes effective as Certified by the Commission. Ninety clays from the date of this Certification (June 22, 2010) is Monday, September 20, 2010. A'C ST: 7 )1r Z7L -+%k' Ritmotia ancock, Secretary Carmel Plan Commission Dated: June 22, 2010 2010 -0616: Z- 542-10: I lowaud I -louse Rezone PC Ceti itication.doc CERTIFICATION OF THE CARMEL PLAN COMMISSION'S RECOMMENDATION ON THE PETITION OF HOWARD HOUSE, INC TO REZONE 0.31 ACRES LOCATED AT 10620 BELLEFONTAINE STREET PURSUANT TO INDIANA CODE 36 -7 -4 -605 ORDINANCE Z- 542 -1.0 CARME LAN COMMISSION 2 BY L o Dierekman, Presiden ZZ :1 d Z Z or OiQZ