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Home My WebLink AboutBill No. 13-22 Alley Street Vacation-1101 King Street TRANSFORMATION LFk's Office 2Q223-3-2022 DAWO BEND, IN South Bend City Clerk 227 W Jefferson Blvd County-City Building South Bend, IN 466oi Re: Petition to vacate alley To whom it may concern, Transformation Ministries,a non-profit working with youth in South Bend,petitions to vacate the alley running east-west between King St and McCartney St, Kessler Blvd, and Allen St. Transformation Ministries owns property on both sides of the alley- iioi King St and 1126 McCartney St.We have plans to renovate the building we own at iiol King St,turning this space into a hub to run our programming for the youth in our community. If the alley would be vacated,we would connect our properties on the north and south side of the alley which would allow space for storm water retention.We intend to rezone and replat our property on McCartney to Industrial use. The alley is no longer in use and it is overgrown,unkempt,and unmaintained.There are only two houses adjacent to this alley,both off of Kessler St.We have spoken with our neighbors,the Steel Warehouse, and they are in support of the proposed alley vacation. Thanks for your consideration, Z Kory Lantz Executive Director,Transformation Ministries korylantz@transformation58.com I - MAR 0 8 2022 BILL NO. 13-22 CITY C DRUK, , LEND, IN ORDINANCE NO. _ _-_- AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: ALLEY VACATION- STREET ALLEY NEAR 1101 KING STREET hereby determines that it is desirable to vacate said property. SECTION I1. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including,but not limited to, the following: electric,telephone, gas,water, sewer, surface water control structures and ditches, within the vacated right-of-way,unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Robert Beissel: Lot 48 North West Pro Shimon Amir: Lot 58 North West Add We Care Consulting LLC:Lot 57 2nd Plat Of No West Add Expanded Metal Company Of Indiana LLC: Lots 49- 54 North West Transformation Ministries:Lots 39-47 North West Pro &Lot 55-56 North West Addition 2nd Plat Lot 55 Section IV. The purpose of the vacation of the real property is: The alley is no longer in use, is overgrown,and unkempt.If vacated we would connect our North&South properties to allow space for storm water retention. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana �4SpUTH 8��d 1316 COUNTY-CITY BUILDING U �' PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W \PEACE: FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 1865 Filed in Clerks Office sW� CITY OF SOUTH BEND JAMES MUELLER,MAYOR ~ BOARD OF PUBLIC WORKS MAN U 9 Z021 February 22, 2022 DAWN M.JCiNr- CITY CLERK,SOUTH BEND, IN Ms. Maggie VanZalen—Transformation Ministries 1101 King St. South Bend, IN 46616 maggievanzalen gtransformation 5 8.com RE: Alley/Street Vacation—Street and Alley near 1101 King St. (Preliminary Review) Dear Ms. VanZalen: At its February 22, 2022 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley. The Board submitted an unfavorable recommendation for the Street vacation as it does not meet two(2)of the four(4)I.C. 36-7-3-13 criteria(2,4)and due to the loss of the fire hydrant access. If you still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41h floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your name. If you have any questions about how the alley vacation will affect your property taxes, please contact the Auditor's Office. If you have any further questions,please call this office at(574)235-9251. Sincerely, Is/Laura HensleyMctinQ Clerk Enclosures ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT JORDAN V.GATHERS MURRAY L.MILLER d u / � i INTEROFFICE MEMORANDUM filed in ClerK s Office BOARD OF PUBLIC WORKS _ DATE: January 31, 2022 F- r AN U� 202I TO: Matt Longfellow, Public Works — — DAWN M..1Ur E� Chris Dressel, Community Investment Cl CLERKZZLLi, sOUTI+BEND,IN Gerard Ellis, Fire Department - Brad Rohrscheib, Police Department FROM: Laura Hensley, Acting Clerk (Ihensley@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — STREE/ALLEY VACATION APPLICANT: Maggie VanZalen-Transformation Ministries LOCATION: 1101 King St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS - No objections for the ALLEY vacation specifically; but, Unfavorable for the vacation of King Street because it violates Criteria #2, as it would limit immediate & easy access to a fire hydrant. Per their application description, they propose to vacate and install a gate across King Street in line with the West edge of their building. If approved, our hydrant would be located —125' East of their proposed gate, inside the vacated section of King Street. COMMUNITY INVESTMENT — Favorable recommendation for the alley vacation. Unfavorable recommendation for King Street vacation due to loss of fire hydrant access. 1. The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would not hinder the public's access to a church, school or other public building or place. 4. The vacation would hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. -- STREET/ALLEY VACATION APPLICATION 1 iled in Cleat-s Office -�4'/: of City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 F q� 0 q 2,02 f�ti5= South Bend, IN 46601 DAWN :vL DUNES Cil Y CLERK Date: 12/6/2021 Phone#: 616-283-5590 Name: Maggie VanZalen -Transformation Ministries Email: maggievanzalen@transformation58.com Property Address: 1101 King St, South Bend, IN 46616 Applicant property information: ❑ Residential ❑ Commercial ❑E Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): Alley between McCartney St& King St, Kessler Blvd & Allen St King Street from Steel Warehouse property line, approximately 195'to the west, ending at the edge of the Transformation building Is your property adjacent to the alley of interest? Yes ❑No Do you own all adjacent properties to the alley of interest? ❑ Yes 0 No Does the existing alley provide garage access to other property owners? ❑ Yes lil No Does the alley receive daily traffic excluding your own use? ❑ Yes 0 No Would the vacation hinder public access to any of the following:a church, ❑ Yes 9 No school,or any other public building or place? Reason for street/alley vacation and proposed use: The alley Is no longer In use and Is overgrown and unkempt.If vacated it would connect Transformation Ministries north and south properties and allow them space for storm water retention.Transformation also Intends to rapist and rezone all properties along McCanney 10 Industrial use.Addltionally,we have discussed the proposed plan with our neighbors.The Sual Warehouse,and they are also in support of the proposed alley and street vacation. In reference to the request of King Street being vacated t0 me shown IOcet on on the application(at the existing bullIll -The street Is a dead end street and has been a proven area where vandalism and break-Ins have taken place both In TransfornWtion's newly acquired building and the Steel Warehouse building.We propose vacating this area and allowing Transformation to fence off this portion to secure the dead end area and deter vandals. -This newly vacated and fenced-in space could also be used for employee parking which allows for their new parking area to handle an Increased amount of visitors. -This would also transfer the maintenance of this portion of me road to Transformation.It appears Inet King Street east of Kessler Is In desperate need of repairs.Previously King Street west of Kessler was paved,but nothing east of Kessler has bean paved or maintained recently. -The steel Warehouse Is also In favor of vacating this portion of King St.They would then transfer ownership to Transformation of their portion of the vacated Kong Street We would also assume that an easement would be established for access to the existing city utilities A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: [ Yes [J(No CITY OF SOUTH BEND,INDIANA Alley Street BOARD OF PUBLIC WORKS VIL�� e�0_2P1 Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Jordan V.Gathers,Member Murray L.Miller,Member Attest: °Theresa M.Heffner,Clerk Date: February 22,2022 Filed in Clerk's Office FIRE: Unfavorable __. �-1 �1AR 0 9 2022 POLICE: Favorable recommendation [�F,WN M.J0(VES �;iT) CLERK,SOUTH BEND IN THB�,�� ( iled in Clerk's Office x� PEACE t;AR U 9 202'l_ x 1865 [SAWN M.JONES - 'CLERK, SOUTH BEN S OFFICE OF THE CITY CL J ----------- D.�N\-N M JONES, CI FY CLERK PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEY) DATE: 3--7- 201g- To the Common Council of the City of South Bend,Indiana. I(we),the undersigned property owner(s),petition you to vacate: 1. THE ALLEY DESCRIBED AS: . Tt/bU C, ottl:6AA IOC46A eg+ Of 406C I2 old IXfDOttA �t M Vt.d tNI G CaC+y e A 2. THE STREET DESCRIBED AS: V\'A Abutting Property Owner(s)Signatures: Name(print): Signature Address mo t Number 1 10 I � � (�+ 55 I. Tfow4),cmah 0 a 15111 'PO Lo� 31 LID, y I ,L12 , 113, I'��SfYi C SDI�c�J IN �llvul K q5� "1 2. 3. Damns 1121� tM c Cat cw At,6. 0,)�, ra,OL'X1 ✓L O� C11�2 SS t5 t51 �oCtt.A- , c� 9� . vrz c, 2 . . >m . . . . . . . . . . . f ' t \ \ - . � \\�¥ � . . Cn [ Eed in D % Office \+AN @.JO ES ,M'CLE R6 SOUTH BEND,IN