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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.
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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
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