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AGENDA ITEM. NO. 3: Public hearing to consider a conditional use permit r o flow a
licensed group day care. facility in an existing single family home located at 41
lot 4, block 6 of Shenandoah Phase One Subdivision. (97-705)
Senior Planner McCully presented the staff report and explained that the applicant was requesting to
change her in home registered day care to an in home licensed day care. 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 seven children per day. In this case, the applicant wishes to care for
up to five additional .children (for a dotal of 12), and a CUP is therefore required. Staff notified 25
property owners wthin_ 200 feet and has received three inquiries but no opposition to date. Staff
recommends approval with the following conditions:
1. The proposed use meets all the minimum standards established in the ordinance for the type of use:
proposed;
2. That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goals and. objectives as embodied in the Comprehensive Plan for
Development of the City; and
3. That the proposed use will not be detrimental to the health, welfare, and safety of the surrounding
neighborhood or its occupants, nor be substantially or permanently injurious to neighboring
property.
The Commission may. impose. additional reasonable-restrictions or conditions to carry out the spirit and
intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may
include, but are not .limited to, increased open space, loading and parking requirements, additional
landscaping, and additional improvements such as curbing, sidewalks and screening.
Chairman Hawthorne opened the public hearing.
Mary McDonald (4106 Tiffany Trail), the owner, approached the Commission. She stated that she..-has
had a registered day care in her home for almost six years.. Her application is only to accommodate two
more children (eight total) because of the square footage of her home. Ms. McDonald's client,:
Councilman Kennady, has requested placement of both of his children of which she has taken care of for
two years. He encouraged her to get a license to accommodate his children. Chairman Hawthorne
asked if she had other employees. She stated that she had two other employees. Chairman Hawthorne
asked about the hours of operation, she'responded that her hours were from 7:30 A.M. to 5:30 P.M.
Commissioner Garner asked if there were any parking problems or traffic congestion. Ms. McDonald
has talked to her neighbors and they have not had any.. problems in the past.
Mr. Dennis Etheridge (4 Y06 Windfree), spoke in opposition to this CUP request. He lives one street
west. of the applicant. He stated that article 7A, paragraph A of the deed restrictions states "A lot shall
be used for residential purposes only". He feels that this is a business use and not residential and if the
City of College Station approves this permit, they will be going against their policy of preserving the
neighborhoods. In his opinion this could ruin the quality of the subdivision. Mr. Etheridge stated that
with the' law allowing up o twelve children, the applicant .may eventually take on more than her
requested eight which may lead to additions to the house. 1Vir. Etheridge mentioned that Tiffany Trail. is
a short, narrow street with no cul-de-sac, which means traffic will have to use other
P & Z Minutes June S, 1997 Page 3 of 5
residents' driveways and traffic may increase and have to use Southern Plantation Drive which is one of
the two main entrances.. This increase in traffic is a danger to the other. children who play in the area.
There is also excessive. noise. He doesn't think that the main parking area is efficient for a day care
center. Mr. Etheridge asked the .Commission to recognize the potential dangers and negative aspects
and denyahe request.
Chairman Hawthorne closed the. public hearing.
Commissioner Lightfoot moved to deny the conditional use permit for the licensed day care.
Commissioner Parker seconded the motion.
Commissioner Lightfoot .stated that he relates to the comments from Mr. Etheridge although his
proximity is away from the actual site. He feels .this request would not be to the advantage of this
neighborhood.
Commission Parker stated that his primary concerns are the traffic and the lack of turn around ability on
this street. The potential of increased pedestrian traffic could put someone at risk.
The motion to deny the conditional use permit passed unanimously. (6 - 0)
AGENDA ITEM NO. 4: Consideration of a preliminary plat for the A&M Apartments at
College Station Subdivision generally located northwest and southwest corners of Wellborn Road
and Holleman Drive. (97-308)
Senior Planner McCully presented the staff report and stated that the master preliminary plat includes an
R-5 zoned tract on the north side of Holleman with an M-1 strip across the Wellborn Road .frontage.
This tract is to remain undeveloped for the time being. The tract. R-5 on the south side is under
consideration for a zone change to remove the M-1 strip and replace it with a C-1 corner, for. a total of
two lots on the southern: half of the subject tract. The applicant intends to developthe resulting 17.9
acres of R-5 as an apartment complex. The remaining 3 acre C-1 has no immediate user at this time.
The subject tract has been zoned R-5 .with a strip of M-1 since late 1982 and has remained vacant since
that'time. The entire area west of Wellborn Road has been slow to develope, perhaps due in part to the
Railroad adjacency and low sewer capacity. The City has been working to upgrade the sewer capacity
in the recent past, since interest in developing this area has increased (McDonald's, Melrose
Apartments, and other inquiries directed to Staffj. Staff recommends approval with the Presubmission
Conference conditions.
Chairman Hawthorne opened the public hearing.
Ron Saikowski (Sitech Engineering) spoke in favor of this request. He .represents the developer and
will be putting in the multi-family development, .The name will be changed to .Holleman Arms
Apartments. He asked the Commission to approve the plat with that name change and the variance to
the street extension.
Dennis Maloney (803 Welsh) asked if Marion Pugh Drive would be cut off. Assistant to the City
Engineer Homeyer referred to the Comprehensive Plan. and :informed Mr. Maloney it would be through
to Holleman, Plans. are to extend Jones-Butler to George Bush Drive and southward to Southwest
Parkway to carry north and south bound traffic.
P & Z Minutes June 5, 1997 Page 4 of 5