HomeMy WebLinkAboutAlley Vacation - 513 N. Hill St. - University of ND1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9251
FAx 574/235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 23, 2024
University of Notre Dame (Represented by Jones Petrie Rafinski)
325 S. Lafayette Blvd.
South Bend, IN 46601
acunninehamna.inrl source.com
RE: Alley/Street Vacation — Alley at 513 N. Hill St. (Preliminary Review)
Dear Mr. Cunningham:
At its April 23, 2024 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. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City
Clerk's Office, located on the 4' 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.
In its Ordinance, the City of South Bend Common Council included the Board of Public Works'
requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to
tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and
specifications. These updates should be made within ninety (90) days of final approval from the Common
Council. Please notify us when this work is complete. If you have any further questions, please call this office at
(574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU
4SpUTH ,&
U 17
W ,y
PEACE
% k
1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: February 16, 2024
TO: Kyle Ludlow, Public Works
Kara Boyles. Engineering
Zach Hurst, Engineering
Chris Dressel, Community Investment
Derek Erquhart, Fire Department
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk (theffner@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS — ALLEY VACATION
APPLICANT: University of Notre Dame (Represented by Jones Petrie Rafinski)
LOCATION: 513 N. Hill Street
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/ENGINEERING: Favorable, Contingent on allowing existing utilities to be maintained
COMMUNITY INVESTMENT: Favorable
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.
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
STREET/ALLEY VACATION APPLICATION
City of South Bend - Board of Public Works
\PE^°E 227 W. Jefferson Boulevard, Ste. 1316
x 1865 South Bend, IN 46601
Date: February 16, 2024 Phone #: 574-232-4388
University of Notre Dame (Represented by JPR)
Name: Email: acunningham@jpr1 source.com
Property 513 N Hill Street, South Bend Bend,
Address:
Applicant property information: ❑ Residential 0 Commercial ❑ Industrial
Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave):
Located north of 513 N Hill Street address, north of Cedar Street, adjacent and west of the Hill Street
and South Bend Avenue intersection. Please refer to the attached map and preliminary site plan)
Is your property adjacent to the alley of interest? 9 Yes ❑ No
Do you own all adjacent properties to the alley of interest? 0 Yes ❑ No
Does the existing alley provide garage access to other property owners? ❑ Yes 0 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 being vacated as part of the proposed psychology clinic development for the
University of Notre Dame. Access to the west property line/existing drive will be maintained and
the existing utilities that reside in the alley will be maintained.
A map MUST be provided highlighting the area you would like to vacate with this application.
OFFICE USE ONLY:
Board Recommendation:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
tal�a
Elizabeth A. Maradik, President
Q��il t
Gary A. Gilot, Member
'JY/�ien� K V--A-
Murray L. Miller, Member
9yes ❑ No
Joseph R. Molnar, Vice President
Briiaa�na/Miicou, Member
1%'
Attest: Theresa M. Heffner, Clerk
Date: April 23, 2024
z
g
a
J
z
o
z
W
0
v
h
O
a
I \
ell
\ \
\ N,
I I
Cedar Street I \ \
\ \ \ (82.5' Platted R/W, 40' Asphalt Surface)
I
I
I
I
I
I
\
CONSTRUCTION LIMITS
4" CONCRETE
6" HEAVY DUTY CONCRETE
ASPHALT PAVEMENT
ZONING & SETBACKS
EXISTING ZONING - NC (NEIGHBORHOOD
CENTER
BUILDING SETBACKS
FRONT YARD 0' MIN./12' MAX
SIDE YARD 5'
REAR YARD 5'
PARKING & DRIVE SETBACKS
FRONT YARD 5' BEHIND FACADE'
SIDE YARD 5'
REAR YARD 5'
TABULATED SITE DATA
DETAIL 6 / SD101
DETAIL 7 / SD101
DETAIL 5 / SD101
1. ACREAGE OF SITE .............. (51,417 SF) .......... 1.18 AC
2. SUMMARY OF PARKING ADDITION:
A. EXISTING PARKING - 20 SPACES
B. NUMBER OF PARKING REMOVED - 20 SPACES
C. NUMBER OF PARKING ADDED - 42 SPACES
D. TOTAL PROPOSED PARKING - 42 SPACES
E. NUMBER OF A.D.A SPACES - 2 SPACES
3. PROPOSED LAND COVERAGE: SQUARE FOOTAGE
% OF SITE
A. PARKING AND DRIVES ............... 27,340
53.17%
B. OPEN SPACE ............... 12,125
23.58%
C. BUILDINGS ................ 11,952
23.25%
TOTAL 51,417
100.00%
4. SURFACE RUN-OFF AND DRAINAGE TO BE COLLECTED ON -SITE AND DISCHARGED IN EXISTING
UNDERGROUND UTILITY SYSTEM.
5. PARKING SPACES ARE TO MEET THE CITY OF SOUTH BEND STANDARDS.
9. PROPOSED ACCESS DRIVE WILL UTILIZE EXISTING ACCESS DRIVE.
GRAPHIC SCALE
0 10 20 40
( IN FEET)
1"=20'
In
LU
Z
0
W
L�
r
W
a
w
a)
o N .
N U 0
N O
(6 = U
U 7
m C
E N Q
7 O (6
o n w
o
o
L
02C:
o
O 'Z� o
L -O E
U)
� c_
C N '
O
Z� QL
E�
c
Z omo`
U °o �.
o� �
w N�Q
o
Ui
U
N -0
C N
N C U
o
d U
N .
2� �
y o
0
0��_
C Q O
O O Z
L Q
Z N
U0
N
Z
m N
Co
N
Q
LO
/
0
Z 000
M
N
(h
m N
L Lo
O Lo
Jm
PRELIMINARY
FOR REVIEW
PURPOSE
ONLY
z
0
z
w
Co
0
W
w
U)
J
J
z
0
DESIGNED BY:
---
REVIEWED BY:
---
DRAWN BY:
---
REVIEWED BY:
---
DATE: FEBRUARY
2024
JOB NUMBER: ----
HORIZ. SCALE: ----
C201
Name
Mailing Address
Proper Address
Unique Realty Solutions, LLC
19075 Osbourne Rd.
512 N. Hill St.
Lakeville, IN 46536
South Bend, IN 46617
Charles Hayes, Inc.
814 Marietta St.
529 N. Hill St.
South Bend, IN 46601
South Bend, IN 46617
519 % N. Hill St.
South Bend, IN 46617
525 N. Hill St.
South Bend, IN 46617
Virginia Hernandez
PO BOX 11700
508 N. Hill St.
South Bend, IN 46637
South Bend, IN 46617
Memorial Hospital of South Bend,
615 N. Michigan St.
513 E. Madison St.
Inc.
South Bend, IN 46601
South Bend, IN 46617
Marcus Robinson
610 South Bend Ave.
610 South Bend Ave.
South Bend, IN 46617
South Bend, IN 46617
Magnum Security Services, Inc.
601 South Bend Ave.
601 South Bend Ave.
South Bend, IN 46617
South Bend, IN 46617
ROZUM PATRICIA HELEN AN UND
58 Hillview Ave.
604 South Bend Ave.
(1/8) INT & ZOUCHA JOSEPH R AN
Redwood City, CA 94062
South Bend, IN 46617
UND (1/4) INT & DAINELLI MARY
AN UND (3/8) INT & PUCA JOE &
FAWCETT HELEN & BEHRENDT
MARY & PUCA JOHN ALL TO AN
UND (1/4) INT AS TIC
Mhennig Properties LLC, Series 3
1439 Semar Ct.
518 N. Hill St.
Mount Prospect, IL 60056
South Bend, IN 46617
Niles Ridge, LLC
230 W. Catalpa Dr.
530 N. Niles Ave.
Mishawaka, IN 46545
South Bend, IN 46617
University Of Notre Dame
415 Main Building
517 N. Hill St. & 521 N. Hill St.
Notre Dame, IN 46556
South Bend, IN 46617
University Of Notre Dame
724 Grace Hall
503 N. Hill St. & 513 N. Hill St. &
Notre Dame
515 N. Hill St.
South Bend, IN 46617
BILL NO.
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
(TYPE INHERE THE LEGAL DESCRIPTION THAT A SURVEYOR WOULD PROVIDE)
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 I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
(TYPE INHERE THE COMPLETE LEGAL DESCRIPTION
THATA SURVEYOR WOULD PROVIDE)
hereby determines that it is desirable to vacate said property.
SECTION II. 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:
(TYPE IN HERE THE LOT NUMBERS OF THE PROPERTY
OWNERS THAT AB UT THE PROPERTY TO BE VACATED.
YOU DO NOT NEED TO INDICATE THE NAMES AND LOT
NUMBERS OF ALL PERSONS WITHIN 150- FEET - ONLY
THE ABUTTING PROPERTY OWNERS)
Section IV. The purpose of the vacation of the real property is (COMPLETE THE
ABOVE SENTENCE INDICATING WHY YOU DESIRE TO HAVE THE PROPERTY
VACATED)
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.
Karen White, 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
Revised September 27, 2022
OFFICE OF THE CITY CLERK
DAWN M. JONES, CITY CLERK
ALLEY/STREET VACATION PROCEDURES
OVERVIEW
Procedures for the vacation of public rights -of -way are contained in Article 5, §18-53.8 of the
South Bend Municipal Code.
Required at the time of filing with the Office of the City Clerk are:
1. BPW Recommendation PACKETfrom the Board of Public Works
2. Petition to Vacate
3. Ordinance Draft including improvements or contingencies recommended by the Board of
Public Works
4. Envelopes addressed and stamped with certified mail for all property owners
within one hundred fifty feet (150') of the right-of-way to be vacated
5. Filing fee of $150.00. This fee can be submitted in cash, check,
money order, Visa or Mastercard. Checks should be made payable to the
City of South Bend
6. A letter briefly explaining why you are submitting a petition to vacate
PROCEDURES & PROCESS
STEP 1 Download and complete the Board of Public Works Alley/Street Vacation
Application: Print/download application from website.
When completed, visit the City's Engineering Department located on the 13th
floor of the County -City Building or send the application via email to
hhorvath@southbendin.gov.
STEP 2 Confirm Map and Location to Be Vacated:
The City Engineer's office will generate a radius map highlighting the area you wish
to vacate as well as a list of addresses within 150 feet of the property. They will
require your written or verbal confirmation of the correct, highlighted map area
for the vacation request. Then, they will send the request to various City
Departments for review.
INTEGRITY1 SERVICES ACCESSIBILITY
BIANCA L. TIRADO RODGER J. PINTO GABRIEL N. MUREI
CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County -City Building 1 227W. Jefferson Blvd. I South Bend, Indiana 466011 p 574.235.9221 If 574.235.9173 1 www.southbendin.gov
CITY OF SOUTH BEND OFFICE OF THE CLERK
Once the review is complete and comments have been returned, the request will
be placed on the Board of Public Works (BPW) agenda. This process usually takes
four (4) to six (6) weeks. For questions about the status of the review of your
packet, call the City Engineer's office at 574-235-9251.
STEP 3 Board of Public Works Meeting:
The Board of Public Works meets on the second (2"d) and fourth (4th) Tuesdays of
the month at 9:30am. The Board will discuss your request at its meeting and
decide whether to issue a favorable or unfavorable recommendation. Following
the meeting, a Recommendation Packet will be emailed to you, including a letter
informing you of your "favorable" or "unfavorable" recommendation. This letter
will also include any improvements or contingencies the Board recommends. For
favorable recommendations, the Board will include a draft ordinance for filing
with the Clerk's Office.
STEP 4 Prepare Certified Mailing Envelopes:
Using the list of addresses in your BPW Recommendation Packet, prepare mailing
envelopes addressed to each of the adjacent property owners. The envelopes
should have your name and address in the left-hand corner as the return address.
These envelopes will eventually contain a public hearing notice which will be
prepared and sent by the City Clerk's office. The public hearing notice will be sent
via Certified Mail. Please make sure the "Certified Mail" green and white tag is
affixed to the top of the envelope with the name and address of the recipient
written where indicated. We do not need the hard -preen card that is sometimes
used to send Return Receipt Requested Certified Mail.
STEP 5 Prepare Petition to Vacate Public Rights -of -Way:
Fill out and prepare the Petition to Vacate Public Rights -of -Way, which is included
in the packet, or may be requested from the City Clerk's Office. This petition must
be "signed" by at least one (1) abutting property owner. You do not need to secure
the signatures of all property owners within one hundred fifty feet (150').
If you will be making the presentation before the Council please indicate your
name, address, and phone number in the "Contact Person" area as well.
STEP 6 File Petition with City Clerk's Office:
Go to the Clerk's Office on the 4th Floor of the County City Building to file the
following items:
1. BPW Recommendation Packet from the Board of Public Works
2. Petition to Vacate
3. Ordinance Draft including improvements or contingencies recommended by the
Board of Public Works
4. Envelopes addressed and stamped with certified mail for all property owners
within one hundred fifty feet (150') of the right-of-way to be vacated
EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION EMPOWERMENT
455 County -City Building 227 W. Jefferson Bvld I South Bend, Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov
2
•CITY OF SOUTH BEND I OFFICE OF THE CLERK
S. Filing fee of $150.00. This fee can be submitted in cash, check,
money order, Visa or Mastercard. Checks should be made payable to the
City of South Bend
6. A letter briefly explaining why you are submitting a petition to vacate
The deadline for filing agenda items for any meeting is noon on the WEDNESDAY
before the scheduled meeting. (see attached schedule). The Common Council
meets on the 2nd and 4th Mondays of each month.
STEP 7 First Reading and Setting of Public Hearing Date:
After you file the Ordinance and Petition, it will be placed on the next Common
Council agenda for "First Reading." You are not required to attend this meeting.
At this time, the Common Council will set the matter for public hearing which
will most likely be their next regular meeting.
Indiana Law requires that hearings occur within thirty (30) days of receipt of the
petition. At this time, the City Clerk will also send notice of the petition, along
with the date and time of the hearing, by certified mail to each abutting property
owner. The Clerk's office will also notify the public by publication.
STEP 8 Notice of Public Hearing/Committee Meeting and Full Council Meeting:
When the ordinance is placed on the next Common Council agenda, it will be listed
under "Public Hearing" and "Third Reading." You will need to make a short
presentation at this meeting. Also, all persons speaking in favor of or in opposition
to this ordinance will be heard at this time.
The bases for objection to a proposed vacation under Indiana Law are:
(1) The vacation would 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 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 way by the neighborhood in
which it is located or to which it is contiguous.
On the day of the public hearing, the petitioner will be required to attend a
meeting of the Public Works and Property Vacation Committee. This Committee
is composed of four (4) members of the Common Council who will review the
matter and make a recommendation to the entire Council. You will be required to
make a short presentation outlining why you want the right-of-way vacated.
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov
3
•CITY OF SOUTH BEND I OFFICE OF THE CLERK
You will make the same presentation at the afternoon Committee meeting and
the 7:00 p.m. Common Council meeting. The afternoon meeting will be held in
the Common Council meeting room located in the City Clerk's office on the 4th
Floor of the County -City Building. The evening meeting will be held in the Council
Chambers located in the middle of the fourth floor of the County -City Building.
STEP 9 Ordinance Certification Process:
After approval by the Common Council and the Mayor, the Ordinance will
be advertised in its entirety in the South Bend Tribune and the Tri-County News.
This publication will take place on the FRIDAY of the week following the Council
meeting. The vacation becomes effective thirty (30) days from the date of the
publication. At that time, the City Clerk's office will certify the document and
record it with the St. Joseph County Recorder. The Petitioner will receive a
certified copy, as well as the County Auditor and Township Assessor. A notification
is then provided to the Board of Public Works via email.
(Revised 02/04/2022)
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
455 County -City Building I227 W. Jefferson Bvld I South Bend, Indiana 466011 p 574.235.9221 If574.235.9173 TTD574.235.5567I www.southbendin.gov
4