Roswell commission approves permit to expand home daycare from six to 12 children

The Roswell Planning and Zoning Commission on Thursday approved a conditional use permit allowing an in-home childcare at 1000 Bel Air Drive to care for up to 12 children, an increase from the six children currently allowed by staff zoning verification.

The permit, case CUP25-0043, was approved after staff presented the property’s R-1 zoning, a 9,200-square-foot lot size and a prior zoning verification letter dated Aug. 31, 2024 confirming the existing six-child home occupation. Planning staff reported one written protest had been received (postmarked June 5 and received June 9), and no verbal protests. Commissioner Henderson moved to approve the permit; Commissioner Lessard seconded and the motion passed on a voice vote.

The applicant, Daisy Serrato, identified herself as the homeowner at 1000 Bel Air Drive and said she has operated an in-home daycare “coming up on a year now,” and sought the permit because of “the lack of day care” in the city and high demand from parents seeking openings. An opponent, Tracy Diver of 1005 East Mescalero, said she had been the author of the written protest and listed concerns including overflowing shared trash receptacles in the alley, disruptive noise and children playing near her property. Diver said she had observed “shouts of profanity” and said she had seen children on the roof near her house, and she told the commission those conditions raised liability concerns for neighboring homeowners.

Serrato responded that she was not aware of profanity or daycare children on the roof, noted that her registered daycare children are as old as three and that her daycare hours run about 7:30 a.m. to 5:15 p.m. She said outside play typically occurs about an hour around 11 a.m. and that she has not received noise complaints from closer neighbors. Planning staff clarified to the speakers that the request was a conditional use permit, not a zoning change.

Commissioners discussed the request briefly; no additional conditions were recorded in the motion. Staff advised an appeal of the commission’s decision may be filed in writing with the planning office and that appeal procedures go to the city council; staff offered to walk the interested party through the two-business-day appeal deadline.

The commission told Serrato she was welcome to stay for the rest of the meeting or leave. The commission’s vote to approve was recorded as passing on the voice vote.