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City <Of (jQllege station
POST OFFICE BOX 9960 1101. TEXAS AVENUE
COl...LE.qE .sr~TION,TEXAS .77840- 2499
August7v 198,6
MEMORANDUM
To:
From:
Subj ec t:
King Cole,. City Manager
Jim Callaway, Assistant Director of
Conditional Use pe:rmit Appeal
203 Francis Ave.
...
I have contacted 'Mr. Bob~ppswithregard to Dr. Walton's
capacity in opposing the . abover~<ferenced u.sepermit. Mr. Epps
advis.ed. that.he'wQuldcontactDr.Waltonto determine whethe:r' his
opposition is as a citizen or as>CityHealth Officer.
No property belon.ging topr.'waltonislistedon the tax records
.in th~e ',icinity oft.ne above referenced address.
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ITEMS SUBMITTED BY:
J. CALLAWAY
(n arne)
PLANNING DEPARTMENT
(.departrnent)
FOR COUNCIL MEETING OF:
August 14...,1986
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ITEM:
86-702: Appealer the Planning and Zoning Commission denial or a
request for a cond itiona lusepermi tforchi ld carese rv ice sa t
203 Francis Avenue. Appeal is in the name or Randall H. and
KathyM. Hudgens.
ITEM SUMMARY:
An appeal of the Jllly 17, 1986.action of the Planning and Zoning
Cornm ission denying acon.ditionaluse.perm it application for ~chi ld
care services>inthehome located at 203 Francis. Application
presen tedto theComrn ission inc luded amax irnumof 12ch ildre n,
one full time employee and one part ti.me employee ( in addi tion to
mernbersofthe occupantfam ily.
This application was denied by the Commission by a unanimous
vote.
FINANCIAL
N/A
STAFF RECOMMENDATIONS:
Staff has no objections to child care services at this location.
Staff would point out that. employees have not been included in
previous requests for in-home child care services.
CITY ATTORNEY RECOMMENDATIONS:
NIA
SUPPORT INGMATERIALS:'
I. Application and letter appealingP&Z action'.
II. Staff ReportwithP&Zminut:es, action.
III. Letters irisupport-and in opposition to application.
IV. Map.
PO Box 9861
College Station, TX 77840
July 16,1986
Mr... JamesM.Callaway
Assi stant .....Di rector of Planning
City of College Station
PO Box 9960
College Station, TX 77840
RE: Application for a Conditional Use Permit,ticensed Day CarE~,
Kathy M. Hudgens, 203 Francis Drive, Co11egeStati on
Dear Mr. Callaway,
Thank you for>your notice of July 7th, 1986, concerning the above matter.
As spokesman for the property owners of 1019 Foster Street and 1017 Foster
Street, and family members who reside the'rein,we strongly recommend that the
Application fora Condittona 1 Use Permit for Licensed Day Care at the 203
Francis Drive not be approved. Our recommendation for disapproval has taken
the folloWing objections into consideration.
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1. Our area is a residential netghborhoodandwe prefer to continue
thatstyle.with9utcommerciaTencroachment.
2. Had we elected to own property near a chil d care center we w0\11 d
have purchased property next to one.
3. Weare already experiencing problems with the current number of
children being kept at203 Francis Drive, due to noise, toys being
thrownov.er the fence,. childrencl imbing . over the fence to recover
the lost toys. On other occasions, it has been necessary for
family members to thrown the toys back into the rear yard at
203 Francis Drive.
4. As a result of some of the family members being day sleepers
due to work and school demands,increastng the number of
chil drenat 203 Francis Drive wi 11a 1 so increase the noise
considerations.
5. Sanitary health is of consideration because .of limited bath
rOOm facilities in the older wood structured house at 203
Franci sDrive.
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6. Mrs. Hudgens is respected for her student transctent status since
her husband is here presueing a doctorate degree at Texas AI~M
University. The like lyhood of the Hudgens becoming long term
permanent citizens of College Station are questionable.
7. Shoul d~1rs. Hudgens fully des ire. to operated al icensed day
care center,thenletthe care center be established in
a commerciaJ zone already approved for that purpose.
Supporting this plea. for di sapprovaJ action are the following property
own,ersand residents oflOl7andl019FosterStreet.
Mr. & rlrs.Robert E.Epps
Mr. Bradley Epps
Mr. Mii chae 1 Epps
Mr. Tom Adornetto
Mr. Dennis .Markwardt
Mrs. Kay......Truetner
Dr. T.O. Walton, City Health Officer
Miss Marcie Truetner
Thank you for your interest and
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R~pt'V8~ JUt 25198B )
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20a..FrancisDrive
College Station, Texas 77804
3uly 25, 19~6
City Secretary
1101 Texas Avenue
College Station, Texas 77804-2499
Re: Planning & Zoning Case # 86-702
I wish to appeal to the City Council of CollegeS tat ion, Texas, under
Section 14.2E of the Zoning Ordinance of the City of College Staticrn the
denial ofmyapplicCition,fora.conditional use permit to care for more than
.ix children in my hom.. ate03FranciaDrive, College Station, Tex&a. Thi.
is my vfi!rifiedpetition which states why I feel that the decision made by
the Planning and <Zoning Commission on3uly.17, 1986 was unjust and in
error.
1. l.was not given an opportunity to make my request for less than
twelve totalchildrel1. I would agree to less than twelve total children
with .anunderst.anding>thatthenumber.wQuldbe subject to review at; the
time of renewal of the permit. Note that currently lam allowed by city
ordinance and state law to keep six children in addition to my own for a
total of seven. StatiC! law limits .thetotal for group day care home~s to be
twelve incll1dingour~wn,a1"let increasedf five children.
2. I was notinfC)rmedthat letters supporting my applh:ationshould be
submitted befor-e thel'learing so thatmultiple,copiEi!s coLlld be provided to
the Commission ,members. At the time of ttaehearin~lt our next door
neighbor, Mr.L.arryBli]wles, a homeowner who o~ms several homes in the
neighborhood, spoketa:damantly in behalf of the app~ication .and had
avai lable a written l~t.ter in support. Our other. ryext door neighbor had
alsosignedahandwri,tten note in support jof theapplic:ation. Ano1;her
neighbor has already asked to have her children kept in my home if this
app.l.ication. is.)..approved.
3. Iwasnotgivienanopportuni ty to state that my proposed enlployee
might be willing'tow:orkpart-timeratherthanfull-time. The isslle of
whether I. would be, al.~owedto hire an employee was not discussed or. voted
on. I feel that Ine:ed the flexibility to be able to hire an assi!itant if
necessary.
4. I feelthatthec:har-ac:terofthe neighborhood has changed R1Uc:h from
an owner-occupied residential area. Most of the homes inthe.neigtlborhood
are tenantoc:cupled. Our horneis only one bloc:k from City Hall, a
commercially zoned area. Much of the rationale for denying my req\.lest
seemed to be based on the fact that it would inc:reasethe likel ihoc)d of
less owner occupancy. I feel that the neighborhood status will not change
appreciably as a result of this request.
Hudgens =,
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203 Francis Drive
College Station, Texas
FJ to <.$ ~ '7/./}. 7 a
July 17,1986
City of Gollege Sta. tion
Office,ofthe<City Planner
ATTN:Mr.. J.a.meSM.Ca,ll away
Ass is tantDi,rectorofPlan n ing
1101...Texas.A.ve n.ue
College. Station, . Texa s 77840-2499
la rry> A · Bowles
205 ..Francis..:Drive
Co 1J ege Stat,;o:n ,Texas 77840
Dear, Mr. Callaway:
Ref: Licensed Day Care Facility at 203 Francis, College Station
I have resided at 205 Eran<:is Drive since April, 1985, and at
no time have."I had reason to.complain or otherwise, require Mr.
or Mrs · Hudgen s tolim i t or remove their day ca.re fact ljtya t
203 Era nc is. Th ep rev iousownersj residents at that a ddr,ess
a 1 so ma i ntfl inedaday carefac ility and>theHu dg e nS,a re.>qon-
tinuing their outstanding facility <to the residents of Bryan and
College Station. I personally do not feel that their operation
is a nuisance to the surrounding community.
I you or your office desire additional information, you may
contact me at ,my work telephone number which is 845-0808 or in
the evenings at 696-5056. Thank you.
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