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PET I T ION
TO: MEMBERS OF THE CITY OF COLLEGE STATION PLANNING AND ZONING
COMMISSION
FROM: NEIGHBORS OF MR. & MRS. RUNARLUNOBERG OF 1713 TODD TRAIL,
COLLEGE STATION ,TX 77840
DATE: NOVEMBER 13, 1982
SUBJECT: OPPOSITION TO THE CONDITIONAL USE PERMIT APPLIED FOR BY
. MRS. DOllY LUNDBERG
We the undersigned are in opposition to the Conditional Use Permit applied
for by Mrs. Dolly Lundberg,1?13 Todd Trail, to use her home as a Child Care
Center. We are opposed to the granting of this permit for the following
reasons:
1. The increase traffic ina street that is not wide enough to handle
the additional cars at the busiest times of the day creates a hazard.
2. Todd Trailison>aschoolbus route; the'refore,at the time when
Mrs. Lundberg clients will be arriving and parking ~long the street, children
will be walking up and down the street to the school bus stops creating
dangerous situations.
3. There-is no place for her clients to get. in and out of the cars
except in the street; a practice which is going on now. and creates safety
problems with the small number of'children she presently watches.
4. Although Mrs. Lundberg states in her letter that the children will
be kept fn her fenced in backyard when out of doors, it is ouY' experience
..
2
that even though all of us have fenced in backyards, the children play out.
front and the additional children will create exponentially dangerous
situations'.
5. Although not a concern of the Planning and Zoning Commission per sea,
we would remind the applicant that>the deed restrictions for Southwood
Valley clearly states that the homes are not to be used in any business
venture and should have been considered in purchasing the property. We
therefore feel that weare not depriving the applicant of an income since
that would have been understood at the time the home was purchased.
6. In her own letter and original application, Mrs. Lundberg stated
that she wanted to watch uptolO preschool children 5 days/week and up to
18 on football Saturdays. Since the City of College Station does not monitor
the degree of compliance to Conditional Use Permits, and that the degre~ of
non-compliance must be determined by the neighbors, creating additional
neighborhood strife, we strongly feel that in this case the application
should be denied.
7. We also feel that granting of the CUP for 4 children will make the
grantingofa CUP for more children much easier. Since all of the problems
will remain the same all be it intensified, we suggest that our neighborhood
not be used as the business site for child care.
For the reasons stated above, we strongly request that this Planning and
Zoning Commfssion deny the Conditional Use Permit of Mrs. Dolly Lundberg.
NAME "ADDRESS PHONE NUMBER
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PETITION
From:
Neighbors of Mr. and Mrs.. Runar Lundberg of 1713
Todd Trail, College Station" Texas 77840
To: Members of the city Council and Planning and
zoning Commission of the City of College station
Date.:
N()vember 18, 1982
Subj.ect: Conditional use permi t application of "Mr . and Mrs.
I
Runar Lundberg
This petition has been prepared and signed to indicate
neighborhood opposition to a conditional use permit
application of Mr. and Mrs. Lundberg who reside at 1713
Todd Trail, College station Texas. All signatures are
those of residents or owners of property within 200 feet of
the subject residence.
!
,/ The application seek,s a condi tional use permit to
-~llow a single-family residence to be used as a day care
",~.~.r
center. The application should be denied for the following
reasons:
1. LAND 'AVAILABILITY. There is an adequate supply of
vacant land properly zoned for neighborhood business u'se.
Indeed, one such parcel is within one block of the subject
residence.
2. DANGEROUS HAZARDS. Ingress and egress to the
subject property is not adequate for the safety of the
\
-'
neigh.borhood. Even prior to this application, neighbors
complained to the applicant that patrons use private
driveways to turn their veh.icles around after dropping off
children. This dangerous activity presents hazards to
neighborhood children, including many pre-schoolers, who
enjoy playing on their own lawns and driveways.
In addition, some patrons leave ,their car doors open
wide, facing into the street, while they drop off their
children. .Thispresents hazards to passing motorists.
3. NOISE AND NUISANCE. In addition to the hazards
described above, the proposed use ,will bring noise and
serve as a nuisance to .the neighborhood. This will
adversely affect the integrity of the neighborhood.
4. ADEQUATELY LIBERAL ZONING. The zoning ordinance
of College Station defines Child Care or Development
Facilities in part as "Any childrens' home, orphanage,
institution, private home, residence or other place,
whether public, parochial or private, operate~ for profit
or not, which keeps, cares for, has custody of or is
attended by four (4) or more children under sixteen (16)
years of age, at anyone time, who are not members of the
immediate family: .......
Thus, the existing ordinance is adequately liberal.
It appears to allow up to threechildr,en in a residence, in
addition to close family members, without the need of a
special use permit.
S. POTENTIAL LITIGATION. Zoning restrictions are
intended to obviate the need' for litigation to enforce
private deed restrictions. Existing, recorded subdivision
deed restrictions limit the use of the subject residence to
residential use. We hope that zoning regulations are
enforced to avoid the need for costly litigation.
In a recent letter, the applicants stated that they
presently care for two infants on a full time basis, and
two others on a part-time basis. Each day, neighbors
!
witness at least six different vehicles that leave children
at the subject home. This, activity is in violation of the
zoning ordinance and should be stopped. The applicant. has
a growing business, having been a resident o.f the property
for approximately six months.
The application indicates intent to care for up to 10
infants. Un.derTexaslaw, this requires at 'least two
adults as supervisors. We do not understand how this is
possible without the applicant hiring one or more
employees. Employees could cause addi tional distllr.bances.
The suggestion.of employees indicates a business intent
beyond that des.cribed by the applicants ina recent letter.
Regardless, Texas laws allow a group day care facility with
one adult to maintain up to 14 children, other than
infants, Up.toagel6.This would ,be highly undesirable.
(
We, the close neighbors of the subject property, object to.
the conditional. use permit.
Frorn1970 to 1980 the popul~tionof College Station
increased by 105 percent. During this period, the
population of Bryan, which has no zoning, increased by only
28 percent. In the first six months of 1982, the number of
permits issued ,for all dwelling units in College Station
was 1782; in Bryan the comparable figure was 843 which
includes 217 mobile homes. This clearly indicates the
desirability of College Station living, undoubtedly due in
part to. zoning differences. Unless the zoning code in
College Station is enforced,. residential areas of it may
begin to look like some of , the quasi-business sections of
Bryan. Interestingly, Bryan administrators are currently
'considering.theadoption' of a zoning code.
In sum, there is no need to issue a conditional use
permit. TO ,do so ,could be detrimental to the City of
College St~tionand hazardous to the neighborhood..
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7. ,Staff shall give' the children a variety 'Of
positive experiences. This includes setting limits,
guidance, and settling argur:nents 'Or fights.
8. . Each staff member shall have a recard of a
tuberculasis examinatian na earlier than 12 manths
priar .taemplayment... Re-examinatian shall be
required in accardance with therecammendations 'Of
the I'Ocal health authorities 'Or the regi'Onal 'Office 'Of
the Texas Depart,ment of Health. .
-*
. a. ,If na' infants are '~ared far,th.e'n na mare
than eightpre.schooIers and four older children shall
be' cared far.
b. If 'One infant is cared far,: then na more
than six preschaalers and faur' alder, children shall
be cared far. .
c. If two infants are cared far, then na
f.
mare than five preschaolersand three,older children
shall be cared far.
"d. , If three infants are cared far,' then na
mare than twa preschaalers and 'One older child
shall be cared far.
. e. If faur infant~ ~re c~red 'far, then na
~ther ~hildr~&n: s~a~t b~e ~~!,~drf<2L.J!Jf.3,lU_~~~",~L~.~s
than 18, manths a'1d. Preschaalersare fram 18
months ta "four year; ald.. Older 'children means
thase fram faur ta 14 years old.
. 3. If twa peaple are caring far children, then
the home may' have: '.
,~" --
\~/ Up to 10 infants, 'Or ..
Family members aver age 14 who are at the b. ~, Up ta nine infants. and not m,are than
graup hame when children 'are in' care are also . three ather children (either preschoelers 'Or alder
required to obtain any required 'TB examinations. children). or , ~ fJ#. _ -A~ _I
Those un?er 14.are subject to the same requirementi tv .~ L./'/1J./Jf.., /~ ~ tl'::
as the chlldren to care. _ "7f\.... '/)/ t,L..c r -. vii ...,;l.'~
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(-"'tZ 't..,t>'~ki(}-.", t"
M--t~ I ~~-1;;!J
1713 Todd Trail
CollegeStation,Tx. 77840
November 3, 1982
Dear Neighbors:
To those of you who may' be concerried by the 1etteryo~ re-
ceived y~sterday from the C.S.planningboard regarding a child care
center to be at this address, I direct this letter..
First, the matter of sernantics,- as' you will see from the
attached copy of my request to the board for 'a conditional use permit
(not a'property'rezoning)"Irequestedpe~mission to be a group day
care home, which is the state of" Texas' designation of a home who
regularJ.ybabysitlsfour or more ,children-~up to 12 children. ~,he state
fu.rther limits the. arrangement if you choose to care for infants (0 to
18 months,' exclusi.vely), as I have. done, to f.our inf'ants ,i:fone 'parent,
myself, or 8 babies, if two adults 'are'present (alld includejs my own
8 year' old child and 12 year 'oldchildwho'arehome from 4 'pm. weekdays).
Ifnochi.ldren"ofmy.own are home, it permi.ts 10 infants to! be. cared
for. by. two adults~ The city .of College Station-, has onoexaicting designa-
tion, but calls 'all permission permits , child 'care ,centers,' apparently.
However,t~e ci~y does limit the number, and can put other
restriction~, such as. the conditional use pe~mit no.t being' itransferable
to' anyone else, who might at a later/date reside in my home~, etc.. no
signs outside ,since this- is NOT commercial property., ete. . (I don't'
even ad~ertise in the newspapers, my babies having come to me byword
of mouth through church' and friends.)
/ This is not a rezoning of property, heaven forbid) as a
property owner 'with 'a 1argeinvestment in this community, I; have as
much or more than most 'of you to 'lose, . shouldthispropertYi, or the
vacant lot. across the street"become zoned' commercial,. And I 'would
do NOTHING to'endange~ our 'residential home community.
II' am NOT, nor ever will 'be a child cire center'! Even if I
in a moment of madness should desire-to."become one, it would have tQ go
before the city council and would not be permited in thiiS home because
of "zoning. Both the state and the City of College Station 'protects us
all from this kind of thing.
As some of you know,' I' presently care for -two. ful'l ti~e infants,
a7 month 'old and a 9 month'old; 'and two five month aIds on a part. time
occasion. This is.b~sically.what I'wish to continue ta do" with the
prote~tionthat should either of my _part,time:babieswish tb bebome
in my care on a full time, which is five days a week, all d~ylon~, basis,
that I be allowed to do so,> legally. I.' HAVE ASKED MR. CALLIAWAY at C.S.
pl.anning,office to' amend 'my'conditions.l use eermit_ request ito state that
fact ,and he stated tha.tthe,board. 'can recommend that I be ,1imi ted to
4 toG 'infants on. tl1e premises ,ete. -'THIS SHO'ULD IN. NO WAY BE HARMFUL
to our neighborhood, or property -values..
I have babysat for neighbors and ,friends for.six of the AGGIE
home football games, caring for various age children, along with my
hUpband, and my own. 8 year old , and 12 year old. We have c,ared fro~
10 to 14children duringthe.se games (including our own chiildren).,on
those Saturdays, and we would iike' to continue to' do this,if it is
not offensive to our..neighbors. Our first priority i~ to be, and remain
good neighbors.
2/
As I unqerstandthe,State and. local regulations ,lam
curently not even.under obligation. to ask fora conditional use
permit,ortobecomellcensed,until'such time as 'my part time
little ones might wish to come here everyday,. It. was . for this
eventuality ,.andt.o .besureI<wasdoingwhat.'was legally right, that
I aI'pliedforth~,coIld.i.tipna.luse permit. I did not int.end to upset
anyone, caus~",. any heart attacks or ruin the wonder~ul neighborhood we
live in . now.. . ; .
We feel that chi.ldcare for the Aggie games has been a
ser~lice to th'~community. We have' had no more here than we would
normally have><forour children.' s birthday parties'. However, as
I .havestated' previous,ly in ,this letter, .ifthisis a detriment to
any of you, we iwill' discontinue this activity', whether the city would
give permission or not.
Thank., you .for taking .thetime: to read .this letter and the
'enclosed. If you have any questions, 'please call me .or drop i'n. I
appreciate and understand concern overthisma~ter.
SinCere,lY;~v-;t<
Mrs~y Lundberg.
DL
encl.
carbon copy to James Callaway, City of College Station