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HomeMy WebLinkAbout06-26 Alley Vacation - East/West Alley Between 516 South Michigan Street and 520 South Michigan Street 614 S Saint Joseph Street 1 South Bend, IN 46601 HERSTORIC 574.300.8041ritv.hrdev charity.herdevelogmentC@gmail.com www.herstoricdevelopment.com DEVELOPMENT @herstoricdevelopment South Bend Common Council 3rd floor of City Hall 215 S. Dr. Martin Luther King Jr. Blvd. Filed in Clerk's Office South Bend, IN 46601 Feb 17, 2026 111,m.a I ii• l' February 17, 2026 c,,. 1\ Dear Honorable Council, Please accept this Ordinance to vacate a portion of the street right-of-way as shown in the attached diagram. This alley is between 516 S Michigan and 520 S Michigan. The east portion of this alley that connects with St. Joseph St. has already been vacated, thus this section of alley dead ends into the alley between Michigan St and St. Joseph St. properties, and it is not useful right-of-way for any properties besides 516 and 520 S Michigan. 516 S Michigan is being developed by owners Charity Stowe and Rachel Mospan into mixed use residential and commercial space. Charity and Rachel also founded the 501(c)(3) non-profit Milkweed Gardens, Inc. which owns 520 S Michigan and is turning it into a public green space and park that will serve the neighborhood. Herstoric Properties and our development partners are excited about the future development on this block. Formally vacating this right-of-way will allow for a more comprehensive design of the buildings, green spaces, and amenities being offered on this block of South Michigan. We respectfully request approval to vacate the right-of-way as shown in the attached request. Thank you for your consideration. If you have any questions or concerns, please feel free to reach out to me using contact information included in the attachments. Warm regards, ive4 t Charity Stowe Managing Member Herstoric Properties, LLC Filed in Clerk's Office Feb 13, 2026 BILL NO. 06-26 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST/WEST ALLEY SOUTH OF MONROE, BETWEEN 516 SOUTH MICHIGAN AND 520 SOUTH MICHIGAN, STARTING AT MICHIGAN ON THE WEST AND ENDING AT THE NORTH/SOUTH ALLEY BEHIND 516 SOUTH MICHIGAN ON THE EAST STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation in order to support planned development of a mixed use residential and commercial space at 516 S. Michigan and a public green space at 520 S. Michigan. The vacated area will be maintained as a paved area for use by both parcels. 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 Ordinances 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: The east/west alley south of Monroe, between 516 S. Michigan and 520 S. Michigan, starting at Michigan on the west and ending at the alley behind 516 S. Michigan on the east, more particularly described as set forth in Exhibit A. 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 properties may be injuriously or beneficially affected by such vacating: 516 S Michigan Street—Parcel ID 018-3017-0646 520 S Michigan Street—Parcel ID 018-3017-0649 1 SECTION IV. The purpose of the vacation of the real property is to support planned development of a mixed use residential and commercial space at 516 S. Michigan and a public green space at 520 S. Michigan. The vacated area will be maintained as a paved area for use by both parcels. SECTION V. The vacation is not subject to the elimination of the alley approach. SECTION VI. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of ,2026. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado,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 , 2026, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2026, at o'clock .m. James Mueller,Mayor City of South Bend, Indiana 2 — „ - ----,,_ ,•zi .',, _ i 10- odowerui ,* V- , . ...„•,.. . f .„.... - , ,, ,..- ... .,.,,..., „, _. r ' e $ .. - wt. .,40/ lik, T.-4, ..1v-v. At ••,:iiii. • • .: • Ai, ,.., . • "'..'11,.., , . . ,). . , e , c„.4 ,„,_ • , (;-• , il, r .4fir. '' ',,r:T, :' cu -441,-.,':, , ,IA" . . • • -,4' ., - ' ,,',. •-tt. :It cut cl. ';,;'.••. .;,,';'.:. '. 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SOUTH 8� CITY HALL 04 d` PHONE 574/235-9251 215 S.MARTIN LUTHER KING JR.BLVD., C.) FAX 574/235-9171 SurrE 400 SOUTH BEND,INDIANA46601-1830PFACL Air (x7 y L Z._. x� �x /865 CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS December 16,2025 Ms.Rachel Mospan 516 S.Michigan St. South Bend,IN 46601 rachelmospan@Qmail.com RE: Alley/Street Vacation - East/West Alley Between 516 S. Michigan St. & 520 S. Michigan St. (Preliminary Review) Dear Ms.Mospan: At its December 16, 2025 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 3rd Floor of City Hall.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/Hillary Horvath Hillary Horvath,Clerk ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GI LOT MURRAY L.MILLER BREANA N.MICOU SOU1H84, OY 1'O r 2 w \% is �rj _ 1e • INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: June 30, 2025 TO: Kyle Ludlow, Public Works Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Hillary Horvath, Clerk (hhorvath@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Rachel Mospan LOCATION: 618 S. St. Joseph St. and 516 N. Michigan 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/ENGINEERING: Favorable Recommendation COMMUNITY INVESTMENT: Favorable. FIRE: Favorable Recommendation POLICE: Favorable recommendation V.LU24-U/-iU xr 8`- STREET/ALLEY VACATION BPW APPLICATION ,„ of 1��, E. ) s. , City of South Bend - Board of Public Works ,,rA„, 1i 227 W. Jefferson Boulevard, Ste. 1316 `` ,86„'` South Bend, IN 46601 Date: 6/27/2025 Phone#: 3125900062 Name: Rachel Mospan E-mail: rachelmospan@gmail.com Property Address: 516 S Michigan St, South Bend, IN 46601 Applicant property information: M Residential Commercial El Industrial Describe the general street/alley location with boundaries (Ex: 1st East/West Alley,west of St. Peter St and north of Howard St): east/west running alley south of Monroe, between 516 S Michigan and 520 S Michigan, starts at Michigan on the west and ends at the back alley behind 516 S Michigan to the east (i.e. the alley does not continue east to the next block which is S St. Joseph) Describe the reason for the request, proposed use, and any changes made to the request following from preliminary review: Charity Stowe and Rachel Mospan are the owners of Herstoric Properties which owns 516 S Michigan. Chartity and Rachel also founded and serve on the board of the 501c3 non-profit Milkweed Gardens, Inc. which owns 520 S Michigan. 516 S Michigan is being developed into mixed use residential and commercial space. 520 S Michigan will be developed into a public green space/pocket park that will serve the adjacent buildings as well as the neighborhood. We'd like ownership of the alley to be attached to 516 S michigan (as opposed to splitting 50/50). It will be maintained as a paved area for use by both 516 and 520. The following MUST be attached to this application: • $300 payment(check or money order) • Preliminary review form with staff comments Office Use Only Fee Paid Date: 6/30/2025 Check/Money Order#: CK#889001 BPW Recommendation: Favorable ri Not Favorable CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS tiii,a Elizabeth A.Maradik,President Joseph R.Molnar,Vice President Gary A.Gilot,Member Breana Micou,Member Murray L.Miller,Member Attest: Hillary R.Horvath,Clerk Date: December 16.2025 This application expires 90 days from the BPW meeting date,which is March 16, 2026 . v.2024-07-30 /�l STREET/ALLEY VACATION PRELIMINARY REVIEW � City dL\I of South Bend - Board of Public Works ,)5) 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 9/30/2024 Phone#: 3125900062 Rachel Mospan rachelmospan@gmail.com Name: Email: Property 516 S Michigan St, South Bend, IN 46601 Address: Applicant property information: ❑O Residential ❑� Commercial ❑ Industrial Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St): east/west alley south of Monroe, between 516 S Michigan and 520 S Michigan, starts at Michigan on the west and ends at the back alley behind 516 S Michigan to the east(i.e. the alley does not continue east to the next block which is S St. Joseph) Is your property adjacent to the street/alley of interest? 0 Yes No Do any property owners currently access the street/alley? 11 Yes No Is there a future property development plan associated with this request? 0 Yes ❑No Describe the reason for this vacation request and proposed use: Charity Stowe and Rachel Mospan are the owners of Herstoric Properties which owns 516 S Michigan.Charity and Rachel also founded the non-profit Milkweed Gardens which owns 520 S Michigan.516 S Michigan is being developed into mixed use residential and commercial space.520 S Michigan will be developed into a public greenspace/pocket park that will serve the adjacent buildings as well as the neighborhood.We'd like ownership of the alley to be attached to 516 S Michigan (as opposed to splitting 50/50).It will most likely be maintained as a paved area for use by both 516 and 520. (Note:the boxes in the Office Use Only section were auto-populated when I checked the boxes above.I wasn't able to uncheck them.) This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria.Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50%of properties on the full block have direct street access? ❑i Yes ❑' No Is this the only midblock connection? g Yes 0 No Is the block length greater than 600'? ❑i Yes ❑i No Will the vacation result in:dead end alley,interference with bike route,violations of ❑ Yes ❑ No minimum traffic safety standards? Are there public or private utilities in the alley? ❑ Yes ❑ No Preliminary Staff Comments: DCI responds with a favorable request that includes removal of the alley approach. The ownership of the vacated alley is not determined throgh the vacation process, it will default to split ownership of the formewr ROW and added to adjacent properties. 018-3020-071�5 } -���— 018-301.7-0628 as ��� ' ----- w:-3020-0714 ONO OM 018301�7Ob41 01830200716 1 018-3017-0629 I / . i- 018-3020-071' Or - 01813017'0631 �► 018-3017-0645 x 018-3020-0718 �r.,;.,' ` In i018 301�7-06'3 p 018-301.7-0646 I 018 3020 0719 018 3020 071' 018-301.7-0649 011ill 018-3020-0720 018-301.7-0634 018-30117-0650 018-36 0-0721