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CONDITIONAL USES
MINIMUM REQUIREMENTS.
1. Receipt for filing fee ($150.00 or $75.00 for in-house child care - min. 7 children)..
2.' Sixteen (16) copies of site plan,which includes requirements for site plan; proposals:
as listed on attached heet. This site plan :will go to P.R.C. f®r review, after which
thirteen (13) copies of revised-site plan will be required.
3. Detailed explanation of proposed use including hours of operation,. anticipated raffic,
number of employees,. number of students, children, church .members, etc., as
.applicable.
4. If sign is planned for project, site plan should include sign elevation and details:
If sign details are not included on plans submitted with`this application, any future
sign may have to be considered as, a separate conditional_use permit and all of the
above"requirementsmust be reputed.
APPLICATION WILL NOT BE CONSIDERED COMPETE WITHOUT THE FOLLOWING
INFORMATION ADDRESSED:
Conditional Uses: (check one)
Child Care ^ Duplexes (R~3)
^ Convolescent Homes ^ Telecommunication Towers (A-O, A-
^ Medical Clinics P, M-1)
^ Pharmacies ^ Fraternity/Sorority Houses (R-5, R-6,
^ Public; Libraries C-1, M-1)
Community Buildings ^ Group Housing (R-5, R-6, C-1)
Municipal Service Facilities ^ Funeral Houses (C-N, C-NG M-1,
^ Sanitariums M-2, A-P, C-3)
^ Nursing Homes ^ Large Recycling Collection Facilities.
^ Paricing Lots (C-NG A-P,'C-1, C-2, C-3)
^ Telephone Exchange: ^ Apartment Hotels (C-1)
Veterinary Clinic
Hospitals
State how the following issues will be addressed:
1. Parking (C.u._ ~,ti ~ 1'~k_ u ~' ~ ~ ~__
2. Screening of offensive a eas (trash, `loading areas, transformers, utility connections,
detention `ponds, etc.)
~ `.~._
3. Traffic Impacts
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4. .Protection of neighborhoods
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NOTIFICATION:
~~ Legal Notice Publication(s): The Eagle; May 21, 1997 & .June 1,1997
Advertised Commission Hearing Dates(s)i June 5, 1997
~ Advertised Council Hearing Dates: June 26, 1997
Number of Notices Mailed to Property Owners Within 200':. 25
Response Beceived: One resident spoke in opposition at the P&Z hearing (see minutes)
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97-705 97-705
Thomas & Emily H. Baker Luis Eloy & Carolyn Becerra
4101 Windfree 41.05 Tiffany Trail
College Station, Texas 77845 College Station, Texas 77845-8323
97-705 97-705
William Connatser Jr. John & Shannon Crown
P.O. Box 9716 410:1 Windfree Dr.
College Station, Texas 77842 College .Station, Texas 77845
97-705 97-705
Dennis & Bertha Ethridge Patrick & Amy Forciea
4106 Windfree Drive 4107 Tiffany Trail
College Station,. Texas. 77845. College Station, Texas 77845
97-705 97-705
Kerry & Shannon Graff David Haenni
4105 Windfree Drive 148 FM 1387
College Station, Texas 77845 Midlothian, Texas 76065-9616
97-705 97-705
Paul Higgs & Sylvia Boutwell David & Jamileth Holtfrerich
P.O. Box 4626 4.100 Windswept
Bryan, Texas 77805 College Station, Texas 77845
97-705 97-705
Stephen D. Liter Timothy & Patricia McArthur
2508 Faulkner Drive 4103 Windfree Drive
College Station, Texas 77845 College Station, Texas 77845
97-705 97-705
Mary McDonald Charles & Shirley Miles
.4106 Tiffany Trail P.O. Box 958
College Station, Texas 77845 Wentzville, MO 63385-0958
97-705 97-705
William C. & Leisha Miller III Martin & Angelia Munoz
4108 Windswept Drive 4109:Tiffany Trail
College Station, Texas 77845 College Station.,. Texas. 77845
97-.705
s7-7o5 E. Boswell Porter
Ronnie & Beatrice Neal. C/o Robert Wood
4100 Tiffany Trail 304 Post Office
College Station,: Texas 77845 Bryan, Texas 77801
97-705 97-705
Homer D. Rosenbaum Barbara Spears
4102 Windfree 4100 Windfree Drive
College. Station, Texas 77845 'College Station, Texas 77845
97-705
Stanley & Beverly Tisdale
~; 4103 Tiffany Trail
College Station, Texas 77845
97-705
Johnny & Betty Jo Westbrook
700 8th Street
Bay City,. Texas 77414
97-705
James Robert & Kristi Yancy
4112 Windswept Drive
College Station, Texas 77845
97-705
Kirk & Yvette Tschirhart
4104 Windswept Drive
College Station, Texas 77845
97-705
William & Sabrina Woodson
4108 Tiffany Trail
College Station, Texas 77845
X^ Regular Item
Consent Item
Statutory Item
Item Submitted By: Sabine McCully, Senior Planner
For Council Meeting Of: June 26, 1997
Director Approval:
City Manager Approval:
Item: Appeal of the Planning and Zoning Commission decision to deny a Conditional Use Permit request
Permit for the use only for a day care facility at 4106 Tiffany Trial. (Planning Case No. 97-705).
Item Summary: The applicant has operated a business that isdefined as a "registered day care"'facility
by relative State agencies, Under the Zoning Ordinance, .the business is not required a Conditional Use
Permit (CUP) until` the number of children that will. be cared for within the home exceeds six children per
day. In this case; the applicant.. wishes to care for two additional children, and a CUP is therefore
required. The CUP would allow for a total of twelve children.
..Policy Issue Statement:
Civic_Pride =Citizens benefit from well-planned, attractive residential and commercial
areas, and from preserving historic areas.
Staff Recommendations: Staff generally does not make. recommendations in Conditional Use Permit
cases. The public hearing is an opporluniry for the Commission to measure the potential impact on
surroundingland uses.
Related Advisory Board Recommendations: The Planning and Zoning Commission voted to deny the
request by a unanimous vote.
Council Action Options: The Council has the following options:
L Uphold the decision of the Commissionto deny the permit
2. Overturn the decision of the Commission in its entirety
3. Remand the case to the Commission for reconsideration of certain and specific points.
Supporting Materials:
1. Location Map
2. Application
3. Notification Information 5. Letters of appeal
4. P&Z minutes
o:\group\deve_ser\cvsht\9~-705.doc
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Standard Petition
Our neighbor, Mrs. Mary McDonald at 4106'Tffany Trail,.
presently has a registered home daycare of 2 1/2 years in
Shenandoah Subdivision in which 6 children are registered. We
support Mrs.. McDonald in'the request for her to be issued a
licensed home daycare, allowing her to keep up to 8 childrem under
a special provision from the city council:.
NAME ADDRESS
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From: Natalie Ruiz
To: engineering, planning
Date: 6/30/97 9:39am
Subject: Happy Times Day Care
The conditional use permit for this day care center on Tiffany Trail in
Shenandoah has been withdrawn. The applicant went before the Council on 6/26
in an attempt to appeal the Commission's decision to deny the .request. The
Council delayed action on the item to allow the applicant to work with the
homeowner's association. Since that time, the applicant has decided to
withdraw the appeal. She will not exceed the maximum number of seven children
and therefore will not need a CUP.
Thanks.
From: .Dennis G Ethridge <denethridge@juno.com>
To: City of College Station.City Hall{svolk)
Date: 6/6/9'7 10:36am
I would like. to know if you are .not ified of a public hearing on an item
that is before the Planning and zoning commission and the person
submitting the proposal decides to appeal the decision to the City
Council would we be not ified,again when it is going before the council or
is it up to us to watch to see when it is placed on the agenda.
Also if several lots in a subdivision were re platted as one large lot
reserved for future development. and again we were notified of the re plat
would we again be notified when they want to break it again into separate
lots for development. or can the developer just go ahead and .start
building.
Thank you..
Dennis Ethridge
K
To: The City Council, .Zoning Commission
From: Mary McDonald, S. W•
To whom it may concern:
er of a eal is in regards to a decision made in errort by meself, Mary
Thls Lett pp
commission on 6/5/97. The de on° da care at 4106 Tiffany Trail yin the Shenandoah
McDonald, to have a licensed h Y
ubdivision. Presently, I have a registered home daycare of 21/2 years with 6
s
children at .the same address. This letter will ap ee Dr ately respond to the
opposition (s) of Dennis Ethridge at 4106 Wmdfr
ement b Mr. Ethridge referred to the ordinance .code in d>n ch
The .opposing stat Y
there. are no home businesses allowed in and Welt Dr~and ~ on Hunter.Creek Dr.
myself, there are 2 homebusinesses on W p
ou h m daycare is currently registered, it is considered a business whether
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licensed or registered by DHS.
ent from the opposition .was regarding the number of I amdonl
Another statem Under DHS standards, Y
allowed in a licensed home daycare (up to 12).
allowed u to 9 children because of the square. footage in parts of the home .where
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the children are allowed. to play, .eat and rest.
tated that L could take up to 12 children/clients throng {rie outg de
The oppositions The s ware footage o
accommodating rooms (playrooms, bathrooms).. q
rea of m home cannot accommodate these types of the val epor ginal state of the
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important, any 'upper° level additions would reduce
me, As a social worker of 8 years, I realize it is difficule of th d in consistent factor,
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permanent assistants in this.. business. Therefore, becaus
I allow u to 8 in a licensed facility home daycare; 8 chOndre t2 rovisions.e In regards
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during the remaining 3 days would be under client c tphe following statement
to the 6:8 clients placing their childC al wo kerhl Noose torselect a prospective client
is submitted: As an experienced so
throu h an interview and requested references, for re a oe t CCMStcI entstnorl t ers
'social worker' in my own daycare business. I .ono.. p
at ma not be approve to my daycare compliances. ~' sp ectve nrofess otnsare
th y
individuals who have ad herd and business owners rA sobserved in child behavior
doctors, A&M faculty, teac ,
studies, a Childs attitude/behavior stemssuem''Therefore, my lients children are
upbringing. (Time .Magazine May 1997 )
considered well-behaved and adjusted. (So are my clients[)
Another reference from the opposition wasAseg e d ~~stat d in paragraph III, I
problems subjected. in the neighborhood. p_ Y
only allow up to 8 children. This would alsot be C der DS ation C ty Counc i1. S'~e al
provision, under request from myself, from g
oppositions concern .that the increase of t h {fibs 1 a' car. aThereforea in responseeto this,
possibility of a neighborhood child bemgease observe enclosed copy of the petition
I conducted a dated .standard petition (p
still in circulation). There are currently 12 neighbors that have signed the petition
that.. reside on Tiffany Trail. The neighbors with.. children wh ar gneo , d snot have
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any objection. to the child/r onditions/in~rease. The neighbors .across the street. who
previous or present traffic c
..signed, have accommodating alleyways, driee hb r on each four orner (s) h not
feel imposed by any traffic. difficulty.. Then g
signed, do not have any nor have had any p~eVe~~oners have chi drenaand do not.
entrance of the'street. At present, 9 of the 1 p
have an oppostionnor previously to any trsffhclpIIro~e1mOn~edules vary and e
of my clients professions as stated. m paragr p ,
there are not several cars pulling in our tat ment about cars parked along :the street,
one time. In regards to the oppositions s
the .following statement is' submitted; 2 of my dayc {o rk ~ font of my hoe so~e
kindness of my heart, I temporarily allowed them p
.the may join a carpool with their colleagues. As of 5/29/97, this has discontinued
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permanently upon my .request..
The other reference from the. opposition was:. regarding the noise Ethrid etstated
children made when they are outside. in the morning ..hours. Mr g
that he was surprised the neighbors behind me were not present an 6/oved lbensese
they complained. about the noise level. Prior to applying. for an pp
with DHS, the'. DHS representative inquired. whether thhae last 2 1 /2 a ea Serb stated
written complaints from the .surrounding .neighbors Y
than there were none with the exepti months a no f m odaycareb lient/te~acher could
Waggoner. She had requested a few g Y
park her car closer to my home. This request was complied with immediately.
There -has not been any further complaints regarding this DHS had not received
paragraph IV, this has been discontinued. as of 5/29/97.
any noise level complaints in the last 2 1 /2 y from ~ ne~ hbors behind me. dOn the
6/5/97 meeting, Mr. Ethridge, resides across g
6/5/97 at 8:15 pm, I had a face to face inquiry with 2 of my neighbors behind me at
4105 and 4109 Windfree Dr. I inquired about the noise level compla' d recei ed the
by another. neighbor om, Windfree Dr. and the they stated that they h
notice in the mail,and did not have any opposition. On 6/h r19e'ontWindfree Dr. °f
the petition,. I will contact the other neighbors behind my
about this issue and possible resolution. • One may note that these neighbors did not
once contact me or DHS in a verbal or written manner, ;regarding the noise level,
nor in attendance at the 6/5/97 zoning meeting.
2
.. a
This letter will conclude in stating. that I am not one to respond to the misdirected
opposition of good. people, as I am amicable by nature. Unfortunately being placed
in this .position, I would and will do so again for the better people, my daycare
children.
If there are any questions.. or concerns about this letter of appeal and responses to the
opposition (s) please contact me. I will be present at the City Council meeting
6/26/97 for the considered appeal and request for. a provision of the child./ratio
increase of up to 8 children in' daycare.
c~~~~i~(
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Addendum
T'he Stepping Stones Daycare of 1101 Dexter St., Sandra Bargess owner, on the
corner of Holleman and Dexter, was issued a waiver in 1994 from the City Council,
allowing the home daycare up to 7 children in that neighborhood. If you need
additional information, please contact Child Licensing at .776-1510..
Mary McDonald.... S. W.