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HomeMy WebLinkAbout02-26 Special Exception at 1114 Mayflower Road Filed in Clerk's Office City of South Bend Jan 16, 2026 Bianca Tirado BOARD OF ZONING APPEALS City Clerk. South Bend, IN January 15, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall 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-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your January 26, 2026, Council meeting and set it for public hearing at your February 9, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the February 2, 2026, 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 Day Care Center. 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, Brian Killen Zoning Administrator CC: Bob Palmer City Hall ' 215 S. Dr. Martin Luther King,Jr. Blvd South Bend, IN 46601 574-235-7627 Filed in Clerk's Office Jan 16, 2026 BILL NO.02-26 Bianca Tirado City Clerk. South Bend, IN ORDINANCE NO. 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 Day Care Center 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 In order to permit a Day Care Center 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 ,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 - 227 W. Jefferson - Suite 1400S City of South Bend South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Po_ u I „n�,Tax Key Number: 018-8136-4989 ) Address: 1114 S Mayflower Road, South Bend IN 46619 Owner: Rhedi Management Inc Zoning: S1 Suburban Neighborhood 1 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 program for area residents. Requested Action ✓❑ Special Exception/ Use Variance — complete and attach Criteria for Decisionu Making Use requested:.Ea4 ck�i LJ (4fcf ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: We are requesting authorization for the existing building to be used as an Daycare Center by licensed providers. Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale ❑ Filing Fee Criteria for Decision Making Special Exception -if applicable 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 daycare 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 daycare 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 daycare 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 daycare 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 Variance(s) -if applicable 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 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. Propert Owner (s) Signatures. City Hall City of South Bend 215 S. Martin Luther King,Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 (574)235-7627 Filed in Clerk's Office February 3,2026 Feb 3, 2026 Common Council of South Bend Bianca Tirado Third Floor,City Hall City Clerk, South Bend, IN South Bend,IN 46601 Re: The petition of RHEDI MANAGEMENT GROUP INC seeking a Special Exception for the use of Day Care Center(21-03.01(c))in the Si 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 January 23,2026 and that the South Bend Board of Zoning Appeals at its public hearing on February 2,2026 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by RHEDI MANAGEMENT GROUP INC seeking a Special Exception for the use of Day Care Center(21-03.01(c))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, Brian Killen Zoning Administrator Attachment CC: RHEDI MANAGEMENT GROUP INC Rhondy Grandison David Turner Building Department Bob Palmer Staff Report— BZA#0401-26 February 2, 2026 Property Information Location: 1114 MAYFLOWER RD Owner: RHEDI MANAGEMENT GROUP INC Filed in Clerk's Office Project Summary Feb 3, 2026 The property owner intends to open a Day Care Center at this location. Bianca Tirado City Clerk. South Bend. IN Requested Action Special Exception: the use of Day Care Center (21-03.01(c)) Site Location 1 I I t': - _ v z. _.._.eO■ 'I I I mo ►= I ETC e_.a "W-IN s W SAMPLE ST .,, iia t- - vir IIIII! t . ,��,� ` ''� _' � u�W aa� : rAY , ,' -4 . iv '--,,-, , - •-• ' IIIIIVIV\S :ALW41 &,'44414 - -r*-A ift . 0 ' % cq ikw ! !. v e , s ,4* 4fir . . %. 1 . ' L'5-- 4 -. 'OB..- 4-#4 SSIIW4 . : - ' 41 I — "arrier,"•,,, ‘1.*:'":'' • Wir 2 , , - ' 4- .' '' it ,,,.,. ., ,-- , 7, , . ,...i. . , , , • .. , 1 isi • , ,, + 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 I of 4 Staff Report— BZA#0401-26 February 2, 2026 Proposed Site Plan • a.„x ;"." :MAYFLOWER RD 0 25 50 100 150 200 Legend Protect Name:1114 S Mayflower Rd Special Exception Fee[ 1"equals 55' Created by South Bend Department of Community Investment on:6/27/2025 2:58 PM SOUTH BEND BOARD OF ZONING APPEALS Page 2 of Staff Report— BZA#0401-26 February 2, 2026 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 day care center will not be injurious to 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, and 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; The proposed use should 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 and safe facility that enhances the aesthetic of the neighborhood and adheres to all zoning and design requirements. Increased daytime activity at the site is excepted to promote neighborhood safety and vitality without generating significant noise, traffic, or environmental concerns. (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. 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 and contribute to the social infrastructure of the neighborhood. Its design and operation will reflect the scale and aesthetic of nearby properties, ensuring it is integrated seamlessly with surrounding land uses while fulfilling a vital need. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible comprehensive plan recommendations such as expanding access to quality childcare, 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 supporting families. illSOUl l 131:N1) BOARD OF ZONING APPEALS Page 3 of 4 Staff Report — BZA#0401-26 February 2, 2026 Analysis & Recommendation Analysis: A Day Care Center fits the surrounding land use and zoning of a suburban residential neighborhood. It also supports the needs of the residents in the surrounding area. It is compatible with City Plan Objective 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. 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