YMCA child care center proposal faces opposition at Midland Planning and Zoning Commission meeting

The City of Midland Planning and Zoning Commission held a meeting on Aug. 5 to discuss a request by LCA Inc., on behalf of the YMCA of Midland, for a Specific Use Designation (SUD) without term for a Child-Care Day-Care Center on Lot 1, Block 1, YMCA Addition, Section 1, City and County of Midland. This proposed child-care center would span approximately 7 acres of land owned by the YMCA, located on the southwest corner of Avalon Drive and Mockingbird Lane.

"The property is currently being used and is designated as a community center, which is permitted by right in the AE zoning district,” said Elizabeth Triggs, City of Midland Planning and Development Officer, during the meeting. “The YMCA is proposing to expand that use to offer some child-care services. They are limited in nature to the definition of the child care day care, which is very specific and aligns with the state code governing daycares.”

Conditions for the proposed child-care center presented included the following:

• A screening wall or a fence that is three feet six inches (3' 6") to eight feet (8') in height, constructed of masonry, wrought iron, or a combination thereof, located approximately five feet (5') south of the Mockingbird Lane right-of-way.
• A berm with shade trees spaced a maximum of 30 feet apart.
• No vehicular or pedestrian access to or egress from the property permitted off Mockingbird Lane, except as allowed by Building Permit No. COM24-000002024.

Residents as well as Commissioners voiced their concerns at the meeting, and a total of four letters of objection were brought to attention. Concerns centered around confusion regarding the details of how the child-care center would operate and the safety of children due to traffic. Residents also expressed concern that the YMCA facility was initially proposed to offer after-school care, not a daycare, which differed from what was being presented to the Planning and Zoning Commission for a vote. 

“When you talk about daycare and childcare, this is the school-age childcare program – after school,” said Christine Bearden, CEO of Midland YMCA. Bearden estimated that the facility would serve 200 students and expects to be completed and operating by fall 2025.

The request to approve the SUD included four condition changes:

1. All exterior lighting be designed and installed to minimize light pollution and ensure compliance with dark sky standards.
2. A term of use agreement must be executed for the use of any non-private road before utilizing the SUD.
3. The SUD agreement will commence on Aug. 5, 2024, and remain in effect for a term of 28 months, concluding on Dec. 31, 2026.
4. Modifying the condition of the fence to be a minimum of 8 feet.

The motion to approve the request with amendments failed 4-3, and a subsequent motion to defer the approval of the SUD passed 5-2. 

Although the motion was deferred, the item will still be presented to the Midland City Council for a vote. “This body is a recommending body on planning and zoning issues, so even if the agreement is deferred, we can still move forward to the city council. We would just report back that the recommendation was that it be deferred,” said Triggs. “If the same four objections come back, then that meets the threshold to require a supermajority vote. That threshold is anything above 20%.”