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HomeMy WebLinkAboutMisc. I f I the City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE CO~LEGE STATION, TEXAS 77840-2499 M E M 0 RAN DUM TO: The Honorable Mayor and City.Councilmembers FROM: Dian Jone~, City Secretary DATE: July 28, 1986 stJBJ-ECT: Appeal of P&Z Decision appeal filed Drive,' re: attached are Ordinance. \~Ollld t11at at in RECEIVED AUG 1 COLLEGE OF.'LIBERALARTS TEXAS A&M UNIVERSITY DEPARTMENT OF ENGLISH COLLEGE STATION, TEXAS 77843-4227 713/845/3452 American Language and Literature Linguistics Folklore Speech Communication Rhetoric and Composition English Language and Literature Theater Arts 200 Franc;s Drive College Station, T~xas 77840 11 August. 1986 Mayor and C;.tyCounc;l Cltyof .CollegeStation Post Office Box 9960 1101 ..Texas.....Avent-.Je Colleg'eStation, . Texas 77840-2499 Dear,.MaYQrand.Counctl Members: Iamwritinginstrongsupport..ofthed'ecision of the Planning and.Zoning Commi'ssion tedeny a Conditional Use, Permit for a Licensed Pay Care faci' ityto"KathY M. andRandallH ltHuclgens at 203 FrancisD'r;ve. WtththeCommi'ssion,Ifee 1 that suchafaci 1; ty. would' adversely affe,ct my proper"ty, andother.prepertiesin this residential area, by ,opening the door ta business use ofprope.rtieshere, andbysubstanti allY,i ncreas i ng no;sean~traffi c;n the neighborhood. Theactivi tygener:atedbyl2 chi' dren and'2empl Gyees .'weu 1 d unquestionably<ha:ve ....... a:negative .imp'oeton, nearby properti esand on the character of the:l'1e.ighborhood. I have owned .and]i,ved in 200 Fran'eislJrlve since 1978. My.interestin main- taini ng. .this. .as.aqui et, .. residential neighborhood .is:.theref.ere .consi,dle'rab' e. I urge tHe City'€ouncilto uphold the decision of the Planning and Zoning Gomm;ssiqrr~torestrain' the development of' bus;ness~ndtheincreaseof noise andtraffic~inthisarea. . Iappreci ate ,your interest in 'these .; ssues .of th~quali'ty of Ii fe for local residents. Thank'you. . Sf~:';w-~ ~tte Andreadis Associate Professor, e~i\l~Or1JUL ~. S19BS f f fI'. ..p 203 Francis Drive College Sta.tion, Texas 77804 July 25, 1986 City Secretary 1101 Texas Avenue College Station, Texas 77804-2499 Re: Planning & Zoning Case # 86-702 I wish to appeal.tothe City Council of College Station, Texas, under Section 14..2E of the Zoning Ordinance of the City of College Station the denial. of my application forac:onditional.usepermitto care for mare than wix children In my nome at 203 Francis Driv8, Call.;eStation, Textile. Thi. is my verified petition which states why I feel that the decision mlade by the Planning and Zoning Commission on J'uly 17, 1986 was unjust and in error. 1. I was not given an opportunity to make my request for less than twelve total children. I would agree to less than twelvs.total children with an understanding that the number would be subject .. to review at the time of renewal of the permit. Note that currentlylam allowed by' city Drdinance and state law to keep six children in addition to my own for a total ofssven. State law limits the total for group day care homes tabs twelve including our own, a net increassoffive children. 2. .1 was not informed that letters supporting my applic:ations.houldbe submitted. before the hearing so that multip.lecopiss cDulqbe provided to the Commission members. At the time of the hearing, Dur~extdQDr neighbor, Mr. Larry Bowlsspa homeowner who owns severaltlomesinthe neighiborhood, spoke adamantly in behalf of the applicatiomandhad avai~~~lTawrittenletterin support. Our.oth!:!r next.c:lqql"" neigh~or had alsosi9Tled.8 handwritten note in support of the application. Another neighbor.has already asked to have her chi Idren kept in my home if this application is approved. 3i. I was not given an opportunity to state that my proposed employee might be willing to work part-time rather than full-time. The iS5U,S of whettlerl would be allowed to hire an employee was not discussed or voted on. I feel that I need the flexibility to be able to hire an assis.tant if necessary. 4. I feel that the character Df the neighborhood has changed mu~h from an owner-occupied residential area. Most of the homssin the neighborhood are tenant occupied. Our home is only one block from City Hall, a cDmmerci~lly zoned area. Much of the rationale for .denying my request seemed tiC? be based on the fact that it wou.ldi ncrease the likelihood of less owner occupancy. I feel that the neighborhood status will not change appreciably as a result of this request. Hudgens: Planning ~ Zoning Cass# 86-702 5. I was not given a copy prior to the hearing of any corrsspondance received opposing my application but"was handed a copy while speaking to the Commission. This was very disruptive for me and I feel that I was unable to adequately address .the issues discussed in the letter. 6. I did not feel that it was appropriate for the letter in opposition to raise questions about the sanitary provisions in our home and tabs signed by Dr . Walton as Ci tyHeal.thOfficer because i tmade it appear that .1 was somehow violating City Health Ordinances. State law is specific in regard to health requirements for both r~gistered day care homes (our prssentstatus) and group day care homes (an upgrade which wecDuldapply fDr only after receiving a conditional use permit from the city). On my own volition, though not required as a registered home, I have had performed afire and safety inspection and have already made improvements based on that inspection even thaugh none were required iin our pres.ent status. In the event that I apply to the statefDr a group day care permit, I will comply with state law requiring asanitat;!io'Tlinspection. 7. The letter in opposi tionr.eferstoseveral prob:lem~ areas. The previous resident of thishome;also operated a day care:. Si.ncewe have resided at this address<only since 3une 9, 1986, these problem areas may be a result of the previous resid~n*s. The rulesof_cDnduc~, which I enforce very strictly, prohibit climbi'ij9onor over t.he fence. Occasionally, it is necessary for adults to climbp"er the fenceinordertoac:cessthe water shutoff valve for our home. Ifl.deference to noise problfi!ms, outside play is restricted to the times 11:00 A.M. to 12:0;0 Noon and;4:00 P.M. to 5:00 P.M. All outside play is supervised and confiinted to o,urfenced backyard. 8. The reference to our IItranscient" (si;c) status and the qusstionabil ity of the III ikel yhoodll (sic) of;~ecomingpe[:.mClnent citizens is somewhat disquieting. My husbtilnd is a full t:im;s p:rofeS5'li(onalemplolye of Westinghouse Electric Corpora\t~:Dn and in hissP.:ire; time;;!i:spursuing a Ph.D. in Industrial Engineering. We::are active mem,b.ersof. the!A&M Church of Christ. Since we are all tranSiient in this wprld, it maybe inappropriate to use such subjective criteriil .in this contejxt. 9. The letter writers ssernconcerned abo9t the possibility of a licensed day care center in thtiir neighborhoD,d.: We would also find that somewhat disquieting. We are applying Tor ac:onditional>iuse permit to allow increasing the number ofc:hildren in my: l10me (curr~ntly allDwed by the state only if they are siblings), to allotNme to hire an employee, and to allow application to the state;to become a. group day care home, not a licensed day care center. We have no desire to operate a day care center, preferring instead the many positive aspects of home care. Thank you for taking the time to consider this appeal. I wish to operate 'my service in full compliance with all applicable laws, both city and state. It is my belief that all permits should be sought prior to beginning operation. It is conceivable that others are providing similar services in excess of the allowed limits. I hope that my forthrightness will not prejudice this appeal. Thank you again for your consideration. Sincerely, 0t4r- ~.~~~~ 203 Francis Drive College Station, Texas Randall H. Hudgens 203 Francis Drive College Station, Texas 'lio 1