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HomeMy WebLinkAboutOrdinance 6689113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6689 File Number: 2023-1098 ADMINISTRATIVE-2023-0028: (AMEND UDC §151, 163, AND 164): AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 163.05 CHILD CARE; NURSERY SCHOOL, AND § 164.24 REGISTERED CHILD CARE FAMILY HOMES OF THE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S CHILDCARE FAMILY HOME REQUIREMENTS WITH STATE LAW WHEREAS, recent changes to state law adopted by the Arkansas General Assembly in Act 60 of 2023 require amendments to the City of Fayetteville's regulations regarding home child care facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of "Registered Child Care Family Home" in § 151.01 Definitions and enacts a new definition as follows: "Registered Child Care Family Home (zoning) — A childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment and is registered or licensed by the State of Arkansas pursuant to Ark. Code Ann. § 20-78-201, et seq." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 163.05 Child Care; Nursery School as follows: "All such establishments, other than Registered Child Care Family Homes authorized pursuant to § 164.24 of the Unified Development Code, shall be located on lots which: 1. Minimum Lot Area. Contain a minimum lot area of 250 square feet per child. 2. Minimum Outdoor Play Space. Provide a minimum outdoor play space of 75 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. 3. Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.24 Registered Child Care Family Homes and enacts a replacement § 164.24 as follows: " 164.24 — Registered Child Care Family Homes Page 1 Ordinance: 6689 File Number: 2023-1098 Registered Child Care Family Homes shall be allowed by right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her license issued by the State of Arkansas is on file with the City of Fayetteville." PASSED and APPROVED on October 3, 2023 Page 2 Attest: 0111111111' K/ .• GAT Y • f-AYE EV Kara Paxton, City Clerk reasurer ' NSF v: ',iuiii t C CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 3, 2023 CITY COUNCIL MEMO 2023-1098 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager DATE: SUBJECT: ADM-2023-0028: Administrative Item (Amend UDC Chapters 151, 163, and 164): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 151.01, 163.05, and 164.24. The proposed code changes would update childcare family home requirements to align with state law. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code amending §151.01, 163.05, and 164.24 to update childcare family home requirements to align with state law. BACKGROUND: The Arkansas State Legislature passed a law during the 2023 Regular Session "concerning the compliance of childcare facilities with local regulations when seeking licensure under the Childcare Facility Licensing Act." In reviewing the requirements as set forth by Act 60 (included in attached Planning Commission memo), staff identified areas in the Unified Development Code (UDC) that require updating to align with the new law. DISCUSSION: This item addresses the regulatory changes needed to align with new State requirements. In summary, the changes now permit in -home childcare facilities to be regulated as strictly residential uses, rather than with any heightened standards beyond those within the Arkansas Fire Prevention Code. A license will still be required by the State for these facilities. Staff identified changes necessary in UDC sections 151.01 - Definitions, 163.05 - Child Care; Nursery School, and 164.24 - Registered Child Care Family Homes. Proposed UDC changes are attached as clean text and strikethrough. When the Planning Commission considered the item in their September 11, 2023 meeting, there was unanimous support. The item was placed on the consent agenda, and a vote of 9-0-0 followed. No public comment was received either prior to or during the public hearing. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Proposed Ordinance Amendment - EXHIBIT A (#4), Proposed Ordinance Amendment in Strikeout (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1098 ADM-2023-0028: Administrative Item (Amend UDC Chapters 151,163, and 164): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 151.01, 163.05, and 164.24. The proposed code changes would update childcare family home requirements to align with state law. AN ORDINANCE TO AMEND § 151.01 DEFINITIONS, § 163.05 CHILD CARE; NURSERY SCHOOL, AND § 164.24 REGISTERED CHILD CARE FAMILY HOMES OF THE UNIFIED DEVELOPMENT CODE TO ALIGN THE CITY'S CHILDCARE FAMILY HOME REQUIREMENTS WITH STATE LAW WHEREAS, recent changes to state law adopted by the Arkansas General Assembly in Act 60 of 2023 require amendments to the City of Fayetteville's regulations regarding home child care facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals the definition of "Registered Child Care Family Home" in § 151.01 Definitions and enacts a new definition as follows: "Registered Child Care Family Home (zoning) — A childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment and is registered or licensed by the State of Arkansas pursuant to Ark. Code Ann. § 20-78-201, et seq." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 163.05 Child Care; Nursery School as follows: "All such establishments, other than Registered Child Care Family Homes authorized pursuant to § 164.24 of the Unified Development Code, shall be located on lots which: 1. Minimum Lot Area. Contain a minimum lot area of 250 square feet per child. 2. Minimum Outdoor Play Space. Provide a minimum outdoor play space of 75 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. 3. Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer." Page 1 Ordinance: 6689 File Number: 2023-1098 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 164.24 Registered Child Care Family Homes and enacts a replacement § 164.24 as follows: " 164.24 — Registered Child Care Family Homes Registered Child Care Family Homes shall be allowed by right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her license issued by the State of Arkansas is on file with the City of Fayetteville." Page 2 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1098 Item ID 10/3/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/15/2023 DEVELOPMENT SERVICES (620) Submitted Date Division / Department Action Recommendation: ADM-2023-0028: Administrative Item (Amend UDC Chapters 151, 163, and 164): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 151.01, 163.05, and 164.24. The proposed code changes would update childcare family home requirements to align with state law. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: 151.01— Definitions Registered Child Care Family Home (zoning) — A childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment and is registered or licensed by the State of Arkansas pursuant to Ark. Code Ann. § 20-78-201, et seq. 163.05 - Child Care; Nursery School All such establishments, other than Registered Child Care Family Homes authorized pursuant to §164.24 of the Unified Development Code, shall be located on lots which: (A) Minimum Lot Area. Contain a minimum lot area of 250 square feet per child. (B) Minimum Outdoor Play Space. Provide a minimum outdoor play space of 75 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. (C) Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer. 164.24 — Registered Child Care Family Homes Registered Child Care Family Homes shall be allowed by -right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her license issued by the State of Arkansas is on file with the City of Fayetteville. 151.01— Definitions Registered Child Care Family Home (zoning) — " ,-hil.d eaFe facility I„-^nc^rl by the arl,-,ns-,s DepaF+r.-,^n+ ^f Human c^,-"iees in •,h„-h five (5) ^r f^,"^r ,-hildr^n are eared fAr in the ,.-,r^^,,,^r's ^,.,n r^� rJ^n, ^ A childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment and is registered or licensed by the State of Arkansas Dursuant to Ark. Code Ann. 4 20-78-201. et sea. 163.05 - Child Care; Nursery School All such establishments, other than Registered Child Care Family Homes authorized pursuant to §164.24 164.24 of the Unified Development Code, shall be located on lots which: (A) Minimum Lot Area. Contain a minimum lot area of 250 square feet per child. (B) Minimum Outdoor Play Space. Provide a minimum outdoor play space of 80 75 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. (C) Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer. 164.24 — Registered Child Care Family Homes Registered Child Care Family Homes shall be allowed by -right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her license issued by the State of Arkansas is on file with the City of Fayetteville. the felle-v,;n^ ^ Rditi^ns aFe et: CITY OF FAYETTEVILLE 1P110-4W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: September 11, 2023 Updated with results from 9/11/2023 PC Meeting SUBJECT: ADM-2023-0028: Administrative Item (Amend UDC Chapters 151, 163, and 164): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 151.01, 163.05, and 164.24. The proposed code changes would update childcare family home requirements to align with state law. RECOMMENDATION: Staff recommends forwarding ADM-2023-0028 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward ADM-2023-0028 to the City Council with a recommendation of approval." BACKGROUND: The Arkansas State Legislature passed a law during the 2023 Regular Session "concerning the compliance of childcare facilities with local regulations when seeking licensure under the Childcare Facility Licensing Act." In reviewing the requirements as set forth by Act 60, staff identified areas in the Unified Development Code that require updating to align with the new law. DISCUSSION: The purpose of this amendment is to address the regulatory changes needed to align with new requirements. In summary, the changes now permit in -home childcare facilities to be regulated as strictly residential uses, rather than with any heightened requirements beyond those typically required by the Arkansas Fire Prevention Code. A license will still be required by the State for these facilities. Staff identified changes necessary in UDC sections 151.01, Definitions, 163.05 — Child Care; Nursery School, and 164.24 — Registered Child Care Family Homes. Proposed Unified Development Code changes are attached as clean text, and as strikethrough. RECOMMENDATION: Staff recommends forwarding ADM-2023-0028 to City Council with a recommendation of approval. Mailing Address: 113 W. Mountain Street PlanniU§,C b4r t yif�iefiille-ar.gov Fayetteville, AR 72701 September 11, 2023 ADM-2023-0028 (AMEND UDC CHAPTERS 151,163,AND 164) Paqe 1 of 6 PLANNING COMMISSION ACTION: Required YES Date: September 11, 2023 O Tabled Forwarded O Denied to City Council with a Motion: Sparkman recommendation of Second: Garlock approval. ote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Act 60, House Bill 1155 -On consent agenda Proposed Ordinance, Clean o §151.01 —Definitions o §163.05 -Child Care; Nursery School o §164.24 — Registered Child Care Family Homes Proposed Ordinance, Strike -through o §151.01 —Definitions o §163.05 - Child Care; Nursery School o §164.24 — Registered Child Care Family Homes Planning Commission September 11, 2023 ADM-2023-0028 (AMEND UDC CHAPTERS 151,163,AND 164) Paqe 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to present law. Act 60 of the Regular Session State of Arkansas As Engrossed: H211123 94th General Assembly A Bill Regular Session, 2023 HOUSE BILL 1155 By: Representatives Bentley, K. Brown, Crawford, Haak, Ladyman, Long, Lundstrum, McAlindon, R. Scott Richardson, .I. Mayberry By: Senator Irvin For An Act To Be Entitled AN ACT CONCERNING THE COMPLIANCE OF CHILDCARE FACILITIES WITH LOCAL REGULATIONS WHEN SEEKING LICENSURE UNDER THE CHILDCARE FACILITY LICENSING ACT; AND FOR OTHER PURPOSES. Subtitle CONCERNING THE COMPLIANCE OF CHILDCARE FACILITIES WITH LOCAL REGULATIONS WHEN SEEKING LICENSURE UNDER THE CHILDCARE FACILITY LICENSING ACT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 20, Chapter 78, Subchapter 2, is amended to add an additional section to read as follows: 20-78-229. Compliance with local regulations — Childcare family homes — Exceptions. (a) As used in this section: (1) "Childcare family home" means a childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment; and (2) "Local governing authority" means the governing body of the municipality or county where a childcare facility is located. (b)(1) The Division of Child Care and Early Childhood Education shall require any childcare facility seeking licensure under this subchapter to 02-01-2M0iW6 r(R007 September 11, 2023 ADM-2023-0028 (AMEND UDC CHAPTERS 151,163,AND 164) Paqe 3 of 6 As Engrossed: H2/1/23 HB1155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 comply with applicable zoning and land use development regulations of the municipality and countv where the childcare facilitv is located. (2) Failure to comply with applicable zoning and land use regulations is grounds for the denial of a license of a childcare facility. (c)(1) A local governing authority shall treat a childcare family home as residential property use in the application of local regulations, including without limitation: (A) Zoning; (B) Land use development; (C) Fire and life safety; (D) Sanitation; and (E) Building codes. (2) Residential property use for zoning purposes includes without limitation single-family residential zoning. (d)(1) For a childcare familv home, a local ,eovernin,z authority shall not impose: (A) Any additional regulations that do not also apply to other residential properties; or (B) Stricter requirements than those in the Arkansas Fire Prevention Code. (2) However, this section does not restrict a local governing authority from, on a case -by -case basis, managing the flow of traffic and parking related to adjacent childcare family homes. (e)(1) The Division of Child Care and Early Childhood Education may promulgate rules related to adequate fire protection and prevention in a childcare family home. (2) As part of developing any proposed rules in accordance with subdivision (e)(1) of this section, the Division of Child Care and Early Childhood Education shall seek the advice and assistance of: (A) The Department of Health; (B) The Boiler Inspection Division; and (C) Councils and associations representing: (i) Fire marshals; and (ii) Building code officials. APPROVED: 2/13/23 2 02-01-2023 09:25:52 LHRO07 Planning Commission September 11, 2023 ADM-2023-0028 (AMEND UDC CHAPTERS 151,163,AND 164) Paqe 4 of 6 151.01— Definitions Registered Child Care Family Home (zoning) — A childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment and is registered or licensed by the State of Arkansas pursuant to Ark. Code Ann. § 20-78-201, et seq. 163.05 - Child Care; Nursery School All such establishments, other than Registered Child Care Family Homes authorized pursuant to §164.24 of the Unified Development Code, shall be located on lots which: (A) Minimum Lot Area. Contain a minimum lot area of 250 square feet per child. (B) Minimum Outdoor Play Space. Provide a minimum outdoor play space of 75 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. (C) Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer. 164.24 — Registered Child Care Family Homes Registered Child Care Family Homes shall be allowed by -right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her license issued by the State of Arkansas is on file with the City of Fayetteville. Planning Commission September 11, 2023 ADM-2023-0028 (AMEND UDC CHAPTERS 151,163,AND 164) Paqe 5 of 6 151.01— Definitions Registered Child Care Family Home (zoning) - A ,-hil.d eaFe facility I„ eRse l by the ark-,ns-,s Depa Ftmen+ of Human Se.ryie-es in .,hiGh five (5) .,r fey.oer ehll.dron are eared fAr in the r=aFe^,,,er'_ ,,,.,n r^ridenee. A childcare setting in which the caregiver provides child care in a family residence or a residence with a homelike environment and is registered or licensed by the State of Arkansas Dursuant to Ark. Code Ann. 4 20-78-201. et sea. 163.05 - Child Care; Nursery School All such establishments, other than Registered Child Care Family Homes authorized pursuant to §164.24 164.24 of the Unified Development Code, shall be located on lots which: (A) Minimum Lot Area. Contain a minimum lot area of 250 square feet per child. (B) Minimum Outdoor Play Space. Provide a minimum outdoor play space of 80 75 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. (C) Number of Children. In an RSF zone, a child care facility may be approved as a conditional use of no more than ten (10) children, or the number of children approved by the state's licensing board, whichever is fewer. 164.24 — Registered Child Care Family Homes Registered Child Care Family Homes shall be allowed by -right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her license issued by the State of Arkansas is on file with the City of Fayetteville. the felle-v,;n^ ^ nditiens aFe Rqet: • -. ----- - --• - -- - - - •• ---- - - - -- ..... .. Planning Commission September 11, 2023 ADM-2023-0028 (AMEND UDC CHAPTERS 151,163,AND 164) Paqe 6 of 6 Form v1 36 NV\'A A WEHCO MEDIA COMPANY Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED Ad number#: 334134 OCT 1 0 2023 PO#: Matter of: ord 6689 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ord 6689 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$170.30. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 10/07/23;NWA nwaonline.com 10/07/23 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 10th day of October,2023 •— ;•��'�>3 •,, CATHERINE STAGGS ;'�.�.' •E MY COMMISSION#12402772 Est aCe - "L "LE r EXPIRES:February 28, 2025 Washington County NOTARY PUBLIC Ordinance:6689 File Number: 2023-1098 ADMINISTRATIVE-2023-0028: (AMEND UDC§151,163,AND 164): AN ORDINANCE TO AMEND §151.01 DEFINITIONS,§163.05 CHILD CARE; NURSERY SCHOOL,AND§164.24 REGIS- TERED CHILD CARE FAMILY HOMES OF THE UNIFIED DEVEL- OPMENT CODE TO ALIGN THE CITY'S CHILDCARE FAMILY HOME REQUIREMENTS WITH STATE LAW RECEIVED WHEREAS,recent changes to state law adopted by the Arkansas General Assembly in Act 60 of 2023 require amend- ments to the City of Fayet- l OCTy o 2023° teville's regulations regarding et 1 home child care facilities. NOW,THEREFORE,BE IT OR- ONED FI THE CITY OF FAYETTEVILLE, a kS ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals the definition of"Registered Child Care Family Home"in§151.01 Definitions and enacts a new definition as follows: "Registered Child Care Fam- ily Home(zoning)—A childcare setting in which the caregiver provides child care in a family residence or a residence with a iomelike environment and is •egistered or licensed by the State of Arkansas pursuant to Ark.Code Ann.§20-78-201,et seq." Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends §163.05 Child Care; Nursery School as follows: "All such establishments, other than Registered Child Care Family Homes authorized pur- suant to§164.24 of the Unified Development Code,shall be lo- cated on lots which: 1.Minimum Lot Area.Contain a minimum lot area of 250 square feet per child. 2. Minimum Outdoor Play Space.Provide a minimum out- door play space of 75 square feet per child,calculated on the basis of the number of children occupying the outdoor play space at one time. 3.Number of Children.In an RSF zone,a child care facility may be approved as a condi- tional use of no more than ten (10)children,or the number of children approved by the state's licensing board,whichever is fewer." Section 3:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 164.24 Registered Child Care • Family Homes and enacts a re- placement§164.24 as follows: "164.24—Registered Child Care Family Homes Registered Child Care Family Homes shall be allowed by right in any zoning district in which residential uses are permitted. Operators of registered child care family homes shall ensure a current copy of his or her li- cense issued by the State of Arkansas is on file with the City of Fayetteville." PASSED and APPROVED on October 3,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$170.30 October 7,2023 334134