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HomeMy WebLinkAbout30-25 Special Exception at 1114 Mayflower Road Filed in Clerk's Office City of South Bend r"\Y U7 2025 Bianca Tirado BOARD OF ZONING APPEALS City Clerk, South Bend, IN May 6, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1114 MAYFLOWER ROAD Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 12, 2025 Council meeting and set it for public hearing at your June 9, 2025 Council meeting. The petition is tentatively scheduled for public hearing at the June 2, 2025 South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A Special Exception to allow for a School(Pre-k/Primary/Secondary) The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, CrA Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning City of South Bend County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 July 9,2025 Filed in Clerk's Office Common Council of South Bend 1ib1 U 9 2025 227 W.Jefferson Blvd,4`h Floor Bianca Tirado South Bend,IN 46601 City Clerk, South Bend, IN Re: Bill#30-25: The petition of RHEDI MANAGEMENT GROUP INC seeking a Special Exception for the use of School, Pre K/Primary/Secondary(21-06.01(f)(I 1)) in the S I Suburban Neighborhood 1 for property located at 1114 MAYFLOWER RD Dear Council Members: I hereby Certify that the above referenced petition of RHEDI MANAGEMENT GROUP INC was legally advertised on May 23,2025 and that the South Bend Board of Zoning Appeals at its public hearing on July 7,2025 took the following action: Upon a motion by Caitlin Stevens, being seconded by Francisco Fotia and unanimously carried, a petition by RHEDI MANAGEMENT GROUP INC seeking a Special Exception for the use of School, Pre K/Primary/Secondary(21-06.01(f)(11)) for property located at 1114 MAYFLOWER RD, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, ot-rAL Timothy Staub Zoning Specialist Attachment CC:RHEDI MANAGEMENT GROUP INC Building Department Bob Palmer Staff Report— BZA#0331-25 July 7, 2025 Property Information Location: 1114 MAYFLOWER RD Owner: RHEDI MANAGEMENT GROUP INC Project Summary Seeking a Special Exception to allow, to be used as a School, Pre-K/Primary/Secondary, property located at 1114 MAYFLOWER RD. Zoned S1 Suburban Neighborhood 1. Requested Action Special Exception: to be used as a School, Pre-K/Primary/Secondary [21-06.01(f)(11)] Site Location '� WEN - k /r _ la - PCE S —t W SAMPN',` o- a ,,, • .:.. �� '`.1 �c.4.."1 f 9 �. ..w z MIIIR, is A t-• 1- ill l',c; 141111111W';digillet . . - . it. 1 . il ) --'11 .mAyttast-..-ii, -1-0,Sei .,.,6-•44ettiper ii_ , V :.11,0 ..: -,•,:- ,..,. 4474. -I. _ . _.._ ,K" /0 -- N ..4,--ik ,.. . — e. , ,,,, vs - - ' -",.4tf.rir,?'-. .. ,O, ri ..,. _ '1 rygg tl / t'r'llio.. . am ", '• Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 N O (-Ni L. o N N ro a it r y r- ,{ kt ( -, l it �t ." • . ay. • • it -_ A _ 5MArvWweaaD S MAYFLOWER RD sa Z N7 T_T � to t O: rn ft3 N. .$ Sb�- .i,? 0 r Q ,yOr, N A m U, z I 0 25 50 100 150 200 Legend Project Name:1114 S Mayflower Rd Special Exception Z Feet i"equals 55' f•-. cm.1J o Created by South Bend Department of Community Investment on:6/27/2025 2:58 PM Q 0 cr et f Staff Report— BZA#0331-25 July 7, 2025 Criteria for Decision Making: Special Exception A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use should not be injurious to public health, safety, comfort, community moral standards, convenience, or general welfare. The petitioner is establishing a Pre-K program within the Suburban Neighborhood 1 district (S1). It supports the housing uses around it and should not generate any such injuries. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values therein. It is a pre-k program accessed by a major street in a residential area. It should benefit the adjacent uses and property values by providing an essential amenity. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The S1 district permits institutional uses that are compatible with the scale of the neighborhood. Additional schooling programs provide support to the uses within the district. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible with recommendation E 5.1 of the City comprehensive plan: Establish and maintain a consistent planning, review, and development process with institutions of higher education, private schools, and the SBCSC to address existing and future school facilities. Analysis & Recommendation Analysis: A pre-K program fits the surrounding land use and zoning of a suburban residential neighborhood. It supports and enhances the needs of the residents in the surrounding area. It is compatible with City Plan recommendation E 5.1: Establish and maintain a consistent planning, review, and development process with institutions of higher education, private schools, and the SBCSC to address existing and future school facilities. SOU I H BEND BOARD OF ZONING APPEALS Page 3 or 4 Staff Report—BZA#0331-25 July 7, 2025 Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Filed in Clerk's Office BILL NO. 30-25 MAY U 7 2025 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1114 MAYFLOWER ROAD COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request Special Exception to permit use as a School, Pre-K/Primary/Secondary NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1114 Mayflower Road, South Bend, IN 46619, 018-8136-4989 In order to permit School, Pre-K/Primary/Secondary use SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. 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, and legal publication, and full execution of any conditions or Commitments placed upon the approval. 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 , 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of _ , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - City of South Bend '1 ,--7 W. Jefferson - Suite 1400S .,outh Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 018-8136-4989 Address: 1114 S Mayflower Road, South Bend IN 46619 Owner: Rhedi Management Inc Zoning: Choose the current district — C AI"skoss Project Summary: The property housed a Daycare Program since January 2012. As the new owners of the property we want to reopen the location to serve as a Daycare and Early childhood program for area residents. Requested Action ❑ Special Exception/ Use Variance — complete and attach Criteria for Decisionis Making Use requested:Early childhood Program 8c�-,o01 "sCS-Q.'C� ❑ Variance(s) - List variances below, complete and ch Criteria for Decision Making Variance(s) requested: We are requesting authorization for the existing building to be used as an Early childhood center by licensed providers. Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) El Site Plan drawn to scale 111 Filing Fee Criteria for Decision Making A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed early childhood center will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare because it is designed to serve as a supportive and enriching environment for young children and their families. The center will adhere to all applicable health and safety regulations, including those governing sanitation, fire safety, and building accessibility. Licensed educators and caregivers will provide age-appropriate instruction and care in alignment with state standards. Additionally, the center will promote family engagement, strengthen community ties, and offer an essential service that contributes to the overall well-being and development of children in the area. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed early childhood center will not injure or adversely affect the use of the adjacent area or property values therein because it is a low-impact, community-serving use that complements surrounding residential and institutional properties. The center will maintain a clean, safe, and well-landscaped facility that enhances the aesthetic of the neighborhood and adheres to all zoning and design requirements. Increased daytime activity at the site is expected to promote neighborhood safety and vitality without generating significant noise, traffic, or environmental concerns. Additionally, a (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The proposed early childhood center will be consistent with the character of the district in which it is located and the land uses authorized therein because it aligns with the district's intended purpose to support family-oriented, educational, and community-serving uses. The center will operate during standard daytime hours, maintain a welcoming and orderly presence, and contribute to the social infrastructure of the neighborhood. Its design and operation will reflect the scale and aesthetic of nearby properties, ensuring it integrates seamlessly with surrounding land uses while fulfilling a vital need. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed early childhood center is compatible with the recommendations of the Comprehensive Plan because it supports key priorities such as expanding access to quality education, strengthening neighborhoods, and promoting equitable community development. The center will help meet the growing demand for early learning opportunities, particularly in underserved areas, and contribute to long-term goals around workforce readiness and family support. Criteria for Decision Making State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: (4) The variance granted is the minimum necessary, because: (5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: Rhedi Management Inc Address: 12720 Jefferson Blvd Mishawaka IN 46545 Name: Rhondy Grandison Address: 12720 Jefferson Blvd Mishawaka IN 46545 Name: Edith Grandison Address 12720 Jefferson Blvd Mishawaka IN 46545 r�� Contact Person: Name: David Turner Address: 50771 Hollyhock Road South Bend IN 46637 Phone Number: (301) 908-5521 davidfturner@gmail.com E-mail By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Prop?r y Owner (s) Si atures: 10'1\ cqvdSO QN