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HomeMy WebLinkAbout149-07 RESOLUTIONRESOLUTION NO. 149-07 A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE 07-2560 (BOHOT) AND TO DENY THE CONDITIONAL USE WHEREAS, on June 25, 2007, the Fayetteville Planning Commission approved CUP 07- 2560 (Bohot); and WHEREAS, on June 27, 2007, three aldermen properly appealed this decision to the Fayetteville City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the grant of the requested conditional use would adversely affect the public interest and would not be generally compatible with adjacent properties and other property in the district especially because of traffic concerns and therefore grants the appeal of the Planning Commission's approval of Conditional Use Permit 07-2560 (Bohot) and denies this Conditional Use Permit. PASSED and APPROVED this 7th day of August, 2007. APPROVED. By DA COODY, Mayor _V•• �II • E :FAYETTEVILLE: - ATTEST: %.7 :lip ANSPS J By:UUUUUNNNNNbbbbbD►� T 0"111VGSRA E. SMITH, Crk/Treasurer FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE (up r -,25 -(co- -ache+ $pees /7/67 firAi uo1-)L$ 1.EC,Al, 14:PARTy►EN i /I TO: Dan Coody, Mayor City Council (----e FROM: Kit Williams, City Attorney DATE: July 3, 2007 RE: Appeal of Bohot Conditional Use Permit for in-home day care for eight children When considering the appeal of the Conditional Use Permit granted Wilma Bohot for home day care of eight children at her home on Country Club Hill, you should consider those factors enacted by the City Council as part of Chapter 163: Use Conditions of the Unified Development Code. These factors are spelled out for you within the packet prepared by the City's Planning Department. The Planning Department has made its recommendations for your consideration, but you also can consider much other evidence including: the minutes of the Planning Commission meeting, any petitions, letters, photographs, other documents and live statements from proponents and opponents. Your authority to grant or deny a Conditional Use Permit is the same as the Planning Commission's once an appeal has been filed: "(3) Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or "(4) Deny a conditional use when not in harmony with the purpose and intent of this chapter." § 163.02 (B)(3) & (4) of the U.D.C. You should consider all the factors specified in the Planning Department's report. I hope you will follow the Planning Commission's /F6/171 'it) fir -4$b(51 21 c,a'7 7// 7 /07 example of touring the site to get a personal feel for traffic, parking, buffering and compatibility issues. Probably the most difficult issue in this and every Conditional Use request is whether this use would have "General compatibility with adjacent properties and other property in the district " § 163.02 (C)(3)(c)(ii)h. of the U D.C. Because "compatibility" is not specifically defined in the U.D C., the general rule of ordinance interpretation is that it should be understood in its ordinary, customary usage. Merrian-Websters Collegiate Dictionary, Tenth Edition does not separately define "compatibility", but does define "compatible" as: "1. capable of existing together in harmony ...." As "compatibility" here is used in a planning context, planning reference manuals may also provide useful definitions. The Planning Department may provide definitions from any such reference manuals for your assistance. "Compatibility" is a factor whenever you consider rezoning. It is listed in two factors for the approval or rejection of a PZD. In most residential zones, the U D C lists more "conditional uses" that would require "general compatibility" with nearby property than "uses by right." Thus, the City's decision makers, the Planning Commission and City Council frequently determine if a proposal is compatible with nearby properties. A couple of other "side issues" came up during the Planning Commissions' consideration of this issue. One was possible restrictive covenants among the property owners in the County Club subdivision. Restrictive covenants in this case (and usually) are private contractual agreements between property owners that restrict the legal uses of the property. The City is not a party to those agreements nor does it have any enforcement powers. These restrictive covenants can normally be changed by a majority of owners. These agreements are generally enforced by the Property Owners Association (POA) which can sue offending members. The Circuit Court, not the City, is best equipped and the proper entity to interpret and enforce restrictive covenants. Therefore, the City of Fayetteville has consistently refrained from inserting itself into private contractual disputes between property owners. Another issue is whether granting a conditional use in this case would constitute a precedent for later requests for other conditional uses. While I believe every conditional use request should be considered on its own merits, it would be you as the decision makers who would ultimately decide whether an existing conditional use should be relevant for compatibility reasons during a later request for another conditional use. You could decide it has no bearing, but you could decide it should be considered either for or against the proposed new conditional use. It could be considered favorably, I suppose, if the existing conditional use had caused no problems. It could be considered negatively if the traffic from two (but not only one) conditional uses would adversely affect the surrounding neighborhood. A future Planning Commission or City Council could choose to consider an existing conditional use or not. "Home occupations" which include child care for up to six children, instructional services, professional services and repair services are allowed as a conditional use in every residential zone and the downtown zones, but not in any commercial or industrial zone. Please note that the applicant has not been granted a conditional use for "home occupation", but for § 163.05 Child Care, Nursery School which has different requirements and allows up to ten children. RESOLUTION NO. A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE 07-2560 (BOHOT) AND TO DENY THE CONDITIONAL USE WHEREAS, on June 25, 2007, the Fayetteville Planning Commission approved CUP 07-2560 (Bohot); and WHEREAS, on June 27, 2007, three aldermen properly appealed this decision to the Fayetteville City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that the grant of the requested conditional use would adversely affect the public interest and would not be generally compatible with adjacent properties and other property in the district especially because of traffic concerns and therefore grants the appeal of the Planning Commission's approval of Conditional Use Permit 07-2560 (Bohot) and denies this Conditional Use Permit. PASSED and APPROVED this 7th day of August, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer June 27, 2007 City Clerk Sondra E Smith Fayetteville City Hall 1 13 West Mountain St Fayetteville. AR 72701 RE• Appeal of the Planning Commission's approval of Conditional Use Permit #CUP 07-2560 (Bohot) Dear Sondra: Please accept this letter as our appeal to the full City Council of the Planning Commission's approval of CUP 07-2560 (Bohot) by a 5-3 vote on lune 25, 2007. This appeal is authorized by §155.05 (A)(6) of the Unified Development Code. The conditional use request was made pursuant to §163 02 and § 163.05 of the UDC. Evidence was presented by neighbors that granting the conditional use would adversely affect the public interest and would not he generally compatible with adjacent properties, especially because of increased traffic concerns. Please place this on the City Council's Agenda for July 2007. 174.41 Sincerely. Alderman. Ward One A Shirley Luc Alderman, Ward Four e : Gray erman, Ward One City Council Meeting of July 17, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 28, 2007 Subject: Conditional Use for Bohot (CUP 07-2560) RECOMMENDATION Planning staff recommended and the Planning Commission voted in favor of approving a conditional use permit for a home child care facility located at 124 E. 26th Circle in the Country Club Estates Subdivision. BACKGROUND The subject property is located at 124 E 26`h Circle in the Country Club Estates Subdivision, west of S. School Ave. The property is zoned RSF-4 and contains one single-family home on 0.38 acres. Access to the lot is by way of Country Club Drive, which serves as the single point of ingress and egress to the subdivision from S. School Avenue. The subject property is located three lots east of the intersection of Country Club Drive and E. 26E1' Circle, contains a large driveway and fenced -in rear yard. A request for a conditional use for a home child care facility was brought before the Planning Commission on April 24, 2006 by the current applicant. Staff recommended approval of the request, finding that the conditional use would provide a resource to satisfy child care needs in the surrounding neighborhoods and not adversely affect the public interest. However, based on public comment voiced at the meeting, the Planning Commission voted 9-0-0 to deny the request. This item was not appealed to the City Council. DISCUSSION This item was heard at the regular Planning Commission meeting on June 25, 2007. The Planning Commission approved the conditional use request by a vote of 5-3-0. A significant amount of public comment was received with both conditional use requests. Minutes from the June 25th meeting are included in the attached materials, as is all correspondence received to date. BUDGET IMPACT None. a e evi le ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of June 25, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: June 19, 2007 Updated June 29, 2007 CUP 07-2560: Conditional Use (BOHOT, 679): Submitted by W ILMA BOHOT for property located at 124 E 26TH CIRCLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.38 acres. The request is to approve a child care facility in the RSF-4 zoning district. Planner: JESSE FULCHER BACKGROUND: NOTE: THE ENTIRE PACKET PRESENTED AT THE MAY 29, 2007 PLANNING COMMISSION MEETING HAS NOT BEEN REDISTRIBUTED, AS STAFF REOUESTED THAT YOU RETAIN THIS INFORMATION IN ORDER TO SAVE PAPER. Property description: The subject property is located at 124 E. 26th Circle in the Country Club Estates Subdivision, west of S. School Ave. The property is zoned RSF-4 and contains one single-family home on 0.38 acres. Access to the lot is by way of Country Club Drive, which serves as the single point of ingress and egress to the subdivision from S. School Avenue. The subject property is located three lots east of the intersection of Country Club Drive and E. 26th Circle, contains a large driveway and fenced -in rear yard. Photos of the property have been provided in the packet. SURROUNDING LAND USE AND ZONING June 11, 2007 Planning Commission: The subject conditional use request was scheduled to be heard at the June 11, 2007 Planning Commission meeting. However, due to the fact that there were only 6 commissioners present and that a conditional use requires 5 affirmative votes to pass, the applicant was given the option to table the request until the next regularly scheduled Planning Commission meeting. Although the applicant requested that the item be tabled, K: !REPOR75120071 PC REPOR1S106-25-071CUP 07-2560 (BOHO7).DOC Direction Land Use Zoning North Residential Single Family RSF-4, Res. Single-family — 4 units/acre RSF-4, Res. Single-family — 4 units/acre South Residential Single Family East Residential Single Family RSF-4, Res. Single-family — 4 units/acre West Residential Single Family RSF-4, Res. Single-family — 4 units/acre June 11, 2007 Planning Commission: The subject conditional use request was scheduled to be heard at the June 11, 2007 Planning Commission meeting. However, due to the fact that there were only 6 commissioners present and that a conditional use requires 5 affirmative votes to pass, the applicant was given the option to table the request until the next regularly scheduled Planning Commission meeting. Although the applicant requested that the item be tabled, K: !REPOR75120071 PC REPOR1S106-25-071CUP 07-2560 (BOHO7).DOC Planning Staff provided a short presentation and public comment was taken by anyone who would not be present for the next meeting date. Minutes from the 06-11-07 meeting, with a synopsis of comments received, are included in the staff report. May 29, 2007 Planning Commission: The subject conditional use request was scheduled to be heard at the May 29, 2007 Planning Commission meeting. However, due to the fact that there were only 6 commissioners present and that a conditional use requires 5 affirmative votes to pass, the applicant was given the option to table the request until the next regularly scheduled Planning Commission meeting. Although the applicant requested that the item be tabled, Planning Staff provided a short presentation and public comment was taken by anyone who would not be present for the next meeting date. Minutes from the 05-29-07 meeting, with a synopsis of comments received, are included in the staff report. Previous Conditional Use Request (CUP 06-2019): A request for a conditional use for a home child care facility was brought before the Planning Commission on April 24, 2006 by the current applicant. Staff recommended approval of the request, finding that the conditional use would provide a resource to satisfy child care needs in the surrounding neighborhoods and not adversely affect the public interest. However, based on public comment voiced at the meeting, the Planning Commission voted 9-0-0 to deny the request. This item was not appealed to the City Council. Proposal: The applicant requests a conditional use permit to operate a home child care facility in an RSF-4 zoning district with a maximum of 10 children. The child care facility will be located in an approximately 2,400 sq. ft. home, of which 400 sq. ft. will be devoted for child care use. A section of the backyard will be fenced off for the use of an outdoor play area. The play area will total 1,000 square feet and is proposed to be used by 10 children at one time; the ordinance would allow for a maximum occupancy of 10 children within this area. Proposed hours of operation are from 6:30 am to 5:30 pm. The approximate dimensions of the facilities provided are as follows: Outdoor Play Area: Lot Size: Play Room: 1,000 square feet 16,500 square feet 400 square feet Public Comment 2006: Staff received considerable public comment in opposition to the proposed home child care facility with the previous submittal. Homeowners within the neighborhood cited concerns with increased traffic, noise, compatibility and safety concems as well as past problems with an illegal child care facility at another residence in the neighborhood. Additionally, the residents have stated that the covenants for the subdivision prohibits commercial activity being conducted from any lot or structure. The City of Fayetteville does not regulate or enforce private covenants. Public Comment 2007: Staff has again received public comment in opposition to the proposed home child care facility. Residents of the neighborhood have cited concerns with increased traffic, parking, noise, and loss of property value, disruption of lifestyle and about the number of K: IREPORISI20071PC REPOR7S106-25-07ICUP 07-2560 (801101).DOC times that the Fayetteville Police Department has been called to the subject property. Letters supporting the application have also been received with this application, and all comments received to date have been included in the Planning Commission's packet. Sidewalks: The Sidewalk Coordinator has reviewed the site for sidewalk construction or money in -lieu requirements. However, there is an existing sidewalk constructed on the south side of 26th Circle, therefore neither sidewalk construction, nor money in -lieu is required. RECOMMENDED MOTION: Consistent with the recommendation provided by staff in 2006 and based upon the applicant's actions and information provided in an attempt to address several of the concerns voiced by the public and Planning Commissioners, staff recommends approval of the home daycare facility at this address, with a maximum limit of 10 children. Staff finds this use is compatible with residential neighborhoods, and typically provides a service that is non-commercial in nature. Staff recommends approval of the requested conditional use with the following conditions: 1. Prior to the issuance of a Certificate of Zoning Compliance the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a home child care facility. 2. A Certificate of Zoning Compliance shall not be issued until the necessary fencing has been installed and inspected to provide a minimum of 800 square feet of enclosed, outdoor play space. 3. No more than 40 8 CHILDREN (AMENDED BY PLANNING COMMISSION) or the number approved by the state's licensing board, whichever is fewer, shall be permitted at this childcare facility. 4. The daycare operator/homeowner shall advise all clients to park in the subject property's driveway if at all possible when dropping off and picking up children, in order to reduce the impact on the adjacent street. Pursuant to city ordinance, no driveway shall be blocked. 5. No signage or advertising shall be permitted on the subject property. 6. The subject property shall continue utilizing a residential cart for solid waste disposal. A commercial container for solid waste shall not be permitted. 7. (ADDED BY PLANNING COMMISSION) THE HOURS OF OPERATION SHALL BE LIMITED TO MONDAY -FRIDAY 7:00 A.M TO 6:00 P.M. K: IREPOR7S12007IPC REPOR7SI06-25-071C UP 07-2560 (ROHO7).UOC PLANNING COMMISSION ACTION: Required YES Planning Commission Action: '1 Approved 0 Denied Meeting Date: June 25, 2007 Motion: Ostner Second: Cabe Vote: 5-3-0 0 Tabled Comments: AMENDED CONDITION #3 AND ADDED CONDITION OF APPROVAL #7. The CONDITIONS OF APPROVAL listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These areas are almost exclusively residential in nature, with conventional setbacks. This zone recognizes conventional subdivision development but encourages traditional neighborhood development that incorporates low -intensity non-residential uses. 163.02. AUTHORITY; CONDITIONS; PROCEDURES B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. K: I REPORTS120071PC REPORT SI06-25-071CUP 07-2560 (BOHOT)-DOC Finding: The applicant has submitted a written application requesting a conditional use permit for a child care facility within the RSF-4 zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under § 161.07 (see attached) to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: In staffs opinion granting the requested conditional use should not adversely affect the public interest, as the service will provide a resource to satisfy child care needs (3-5 year olds) in the surrounding neighborhoods. The peak of traffic will occur at 6:30 a.m. and 5:30 p.m., during drop-off and pick-up. The average daily vehicle trips generated by a child care service for 10 children at this location should not substantially increase traffic volumes in this area, in addition to the traffic generated by the neighborhood residents and golf course members. (c.) The Planning Commission shall certify: (L) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; K: I REPORTS120071PC REPORTSI06-25-071CUP 07-2560 (BOHOT). DOC Finding: The subject property is located on the first street in the subdivision, three lots east of Country Club Drive. Country Club Drive, which is the only ingress and egress to the area that is currently constructed, serves approximately 150 single-family homes and all members of the Fayetteville Country Club Golf Course. The proposed child care facility would provide services for no more than 10 children, resulting in a negligible increase in vehicle trips per day. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: Parking is required in the amount of one space per employee and one space per 10 children. The required amount of parking required by this request is a total of 3 parking spaces. The residential driveway and garage has a capacity for approximately 10-12 vehicles (based on submitted photographs and site visit). Therefore, there is adequate parking available on-site for the proposed use. No particular economic, noise, glare or odor effects of special exception are anticipated with a home daycare with a maximum of 10 children. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. The applicant shall utilize a residential waste disposal container. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: There are existing water and sewer lines serving the subject property. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: N/A (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; K: IREPOR1S11007IPC REPOR7S106-25-07ICUP 07-2560 (BO11O7).DOC Finding: Signage within the RSF-4 zoning district is prohibited. (g.) Required yards and other open space; and Frnding: The subject property meets the requirements for a child care facility with maximum of 10 children in regards to lot area. The ordinance requires "a minimum outdoor play space of 80 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time." Required Provided Minimum lot area 250 SF/child = 0.05 acres 0.38 acres Minimum Out Door Play Area 80 SF/child = 800 SF* 1,000 SF * 10 children maximum are proposed to be in the play area at one time. (h.) General compatibility with adjacent properties and other property in the district. Frnding: The adjacent properties consist of single-family residential uses with the exception of the golf course and country club which are located a quarter mile to the south. The proposal to utilize this lot for a child care facility could serve the surrounding neighborhoods. Child care facilities are typically low -intensity uses, especially with the restrictions placed upon child care facilities in single family zoning districts, limiting the amount of children to a maximum of 10. The proposed use tends to fit into the CityPlan 2025 Residential Neighborhood Area designation, which encourages low -intensity, non-residential uses where appropriate. The applicant has shown good faith in attempting to address several of the concerns voiced in the previous Conditional Use Permit request, including construction of a fence. Given that the property will not significantly physically change to accommodate the proposed use and it is currently a single family home, which is in character with the surrounding neighborhood; and that the in-home day care facility is historically a low -intensity use, it is staff's finding that the proposal shows general compatibility with adjacent properties and other property in the district. K: IREPORTSI20071PC REPORTSI06-25-071CL'P 07-2560 (ROHOT).DOC Chapter 163: Use Conditions Sec. 163.05 Child Care: Nursery School. All such establishments 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 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 R-1 zone, a child care facility may be approved as a conditional use of no more than 10 children, or the number of children approved by the state's licensing board, whichever is fewer. (Code 1965, App. A., Art. 7 (7); Ord. No. 1747, 6-29-70; Ord. No. 2604, 2-19-80; Code 1991, § 160.082; Ord. No. 4100, § 2 (Ex. A), 6-16-98) 161.07 District Rsf-4, Residential Single - Family — Four Units Per Acre (A)Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwelling (2) Conditional uses. K: I REPOR7S10071 PC REPOR7SI06-25-071 CUP 07-2560 (BOHO7). DOC Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. (D)Bulk and area regulations. I Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D)Bulk and area regulations. I Single-family dwellings Two-family dwellings 25 ft. Lot minimum width 70 fL 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. FrontSide Rear 25 ft. [8u. 20 ft. (F) Height. None. (G)Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) Unit 4. Cultural and recreational facilities. Cross-reference(s)--Parking and Loading, Ch. 172 (1) Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community. (2) Included uses. Auditorium, stadium 1 per 1,000 square . feet. of floor areaGFA Art gallery, library, museum 1 per 4 seats, provided only auditorium space is counted in detennining parking Cemetery 1 per employee plus on - site loading and unloading spaces at a rate of 1 per 10 children accommodated Child care center, nursery school 1 per 4 seats in the main auditorium or I per 40 square. feet. of assembly area, whichever provides more spaces Church 1 per 4 seats College or university 1 per sleeping room DormitoryCommunity center I per 500 square. feet_ of classroom area Auditorium, stadium per 250 square. feet- of GFA Crematorium 1 per 1,500 square. feet. of floor areaGFA Detention home Community center 1 per 500 square feet of floor area Detention homeDomtitory Eldercare Golf courses Hospital Park Mausoleum Playfield, playground Private club or lodge Riding stables School: *Elementary •Junior High *Senior High Swimming pool Tennis court Theater (legitimate) Zoo K: IREPORIS110071PC REPOR7SI06-25-071 CUP 07-2560 (BOH07).DOC 172: Parking & Loading 172.05 Standards For The Number Of Spaces By Use TABLE 3 PARKING RATIOS (Use/Required Spaces) Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 square . feet. of floor areaGFA Auditorium 1 per 4 seats, provided only auditorium space is counted in detennining parking Child care center, nursery school 1 per employee plus on - site loading and unloading spaces at a rate of 1 per 10 children accommodated Church/religious institution 1 per 4 seats in the main auditorium or I per 40 square. feet. of assembly area, whichever provides more spaces College auditorium 1 per 4 seats College dormitory 1 per sleeping room College or university I per 500 square. feet_ of classroom area Community center per 250 square. feet- of GFA Detention home 1 per 1,500 square. feet. of floor areaGFA Govemment facilities 1 per 500 square feet of floor area APPLICANT'S PROPOSAL Angel's Blessings Wilma Bohot 124 East 26th Circle Fayetteville, Ar 72701 (479) 527-9992 To Whom It May Concern: I am proposing a license in home day care with a Christian Activity Learning Center. My home consist of 2500 square feet. The children's learning center will be in the den of my home with a square footage of 400 feet. The play ground measures to be over 1000 square feet with a secured fence. The hours of operation for my day care will be 6:30 A.M. until 5 30 P.M. Monday thru Friday. I will be closed on weekends and all major Holidays. I will be the sole provider for my licensed day care I will have an occupancy of ten children. My parking area can park 9 large vehicles at any given time. I have sufficient out door lighting for the day care. Enclosed you will find several letters pertaining to my business which include a letter from the state licensing specialist, letter from the state nutrionlist licensing specialist, letter from Dolphin Discover Day Care licensed provider and an inspection from the fire marshal. I hope you will take into consideration that I have met all of the state and city safety codes. 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U)CD O RI ;um N ,. 3 y y O 3 o ? c v a w A N C, 0 p O 00 T 9D 90 90 9D 90�Q 9, I) 0J I', <O f0 <O m (O (O m CO cO �O IS DDDDDDDDDDDD3 ummmmmmmmmmm m m m m m m m m m m m m 3 a a n n n nnfl l 0 000 000 00 000 m m m m m m m m m m m 33B33333332 3 3 3 3 3 3 3 3 3 vvvvavvavva() ? c c c c c c c c c c c n 0 O W Y µ♦ ce a her I}%. -l.1 - LuS i Y s) L^ 1.a$ Y IP ` ) I I I I 1 Feet County Disclaimer 0 15 30 60 This map was created by Washington County using data created or acquired by its Assessor's office, Dept. of Emergency Managment, and Road Department and in accordance with Arkansas Code 15-21-502 (2) (B), which states The digital cadastre manages and provides access to cadastral information. Digital cadastre does not represent legal property boundary descriptions, nor is it suitable for boundary determination of the individual parcels included in the cadastre.' and Arkansas Code 15-21-502(6) which indicates that "Digital cadastre' means the storage and manipulation of computerized representations of parcel maps and linked databases.' This map has been developed from the best available sources. No guarantee of accuracy is granted, nor is any responsibility for reliance thereon assumed. In no event shall said Washington County be liable for direct, indirect, incidental, consequential or special damages of any kind, including, but not limited to, loss of anticipated profits or benefits arising out of use of or reliance on the map. The parcel lines shown are considered a graphical representation ofthe actual boundaries. Washington County is in no way responsible for or liable for any misrepresentation one -use of this map. Distribution N ttus map is intended for informational purposes and should not lnsidemd authoritative for engineering, legal and other sit, dfic uses. Wilma Bohot 124 East 26th Circle Fayetteville, AR 72701 I sincerely ask that you approve me a conditional use permit to allow me the opportunity of following my dream of successfully operating a license in home daycare with a Christian Learning Area providing for up to 10 children. As you know we do have a growing demand for this service in our area. Here is a summarized group of all the individuals that have observed my area and have written letters stating my qualifications. • Sue Butler- Fire Department Inspection • Ann Dalton — Child Care Licensing specialist • Tanya Sandat=_e- Child Care Nutrition Specialist • Casey Howell- Licensed In -Home Day Care Director and Provider • Kit Williams- City Attorney (No Letter) I have also collected supporting signatures of over 30 neighbors with no objections to my proposal. (Several of which have young children.) I have left an open door & telephone number to address any concerns and objections have come to either. Enclosed are several pictures to show: • adequate parking • Indoor play area • Christian Learning Center •Secured fenced yard for outdoor activities Also I have a list of character reference letters: 'Bob Fant- First Assembly of God Pastor • Bob Johnson- Principle of Elmdale Elementary • Parents -of several children that I have cared for and several other acquaintance letters. With all the documented facts that I have brought to the table you should be able to see that I should have no problem at all operating a successful, safe and clean place for our children, while parents are away providing there family needs. I want parents to feel at peace knowing there children are with a licensed provider that has met all state and city requirements. Also, I am certified in CPR and taken required child learning classes. In closing I hope you give me a chance to fulfill my dream, and allow me to provide the safety our children so dearly need. Sincerely, 70dwa. (D. Bokot Wilma Bohot 124 E. 26`h Circle Fayetteville, Ar Angel's Blessings Dear Neighbors: I am proposing an in home day care with a Christian Activity Learning Center. I will not cause bother to any of my neighbors. The children's ages will range from toddler to six years of age. I will be licensed for an occupancy often children. The hours of my day care operation will be 6:30 A.M to'5:30 P.M. Monday thru Friday will be closed on the week ends and all major Holidays. The children's learning center will be in the den of my home.. I will have a secured fenced -in play ground for children during recess and they will be supervised at all times! If you have any questions please feel free to call me day or night at 479-527-9992. For you my neighbors, I am going to have an open house for you to come see my set up on April, 28th between the hours of 10:00 A.M. and 12:00 Noon. Hope to see each and everyone of you! Sincerely, w q C. Wilma Bohot 33I o9 � �w�11 d wQl v , s kd � ba �S . Wiese •9� An els Blessin S. Open ouse for n ome bay Care at 24 East 26`fCircle L: '-, Name Dk Address /o7 )t4 Open House Yes or No oc 6 /1 C5 iY 1L L� V �u�S3 1 `sic jve srr �c\tvercwocc✓( 11 e IF OCr �,IIF 1°MC' l) ftAtcia (�a�fi%caa 0 e vee csery Ca' I r 0r G� 41 tye Oct. Co lam- PC. C. b V t --tom r p o S, Hi' -1 c�11�o�. fill In CoIteke u" °��,��� sTh kracx Ll 07 H of iy kw a QI r d Aca cidtna ! r� �iC� a Sao s �o�n`r UkF9CCicf Q1so e 1ekrS the horncs �� When w Ou ei c ept in≥m to hem. �o my home for onbr a�Q'f1 o4S1C lO .Oo a ,m. to t oo Noarj ARKANSAS DEPT. OF HEALTH AND HUMAN SERVICES LETTER V '"'J J Arkansas Department L of Health and Human. Services Division of Child Care and Early Childhood Education 4252 Frontage Road Fayetteville, AR 72703 Phone 479-442-4029 Fax 479-442-8896 P.O. Box 1437, Slot S-140 Little Rock, AR 72203-1437 • 501-682-4891 • Fax: 501-682-2317 • TDD: 501-682-1550 February 27, 2007 To Whom It May Concern: I visited the home of Wilma Bohot on February 26, 2007 for a consultation to become a licensed child care family home. The home contains adequate space for a license capacity of ten children. The outdoor play area will be in the backyard of the home and there are no homes behind the Bohot residence. The home has a very large driveway with ample space for several cars to park off the street during drop off and pick up times. Licensed child care continues to be a need in Northwest Arkansas and Ms. Bohot and her home would meet licensing requirements. If there are any questions regarding licensing please feel free to contact me at 479-442-4029. Sincerely, /.) /2 %f ' , Ann Dalton Child Care Licensing Specialist .11 www.arkansas.gov/dhhs Serving more than one million Arkansans each year ansas Department of Human Servic,._ Division of Child Care & Early Childhood Education Licensing Compliance Record Facility I Address Licensor; Address Time- From T OO To Person in Charge 4) Jwt L 23I9/Co Phone 62 7— i's'% Z Phone - y0 1 ?age / of I Date of Visit 2 —26-07 q qo Type: Purpose: STANDARD REVIEWED DISCUSSION/OBSERVATION COMPLIANCE DATE DATE CORaEaED t/die /fl��:.U�_ // b' L �1�JC�cx� r^Z c t Cv o'LQ/ a C sc,. C.r Od72 JLL & dot C��t C, fcl,t =r J1 L cc COM RIGHT TO APPEAL — for information on how to appeal items cited on this form or other licensing actions, refer to Section 103 in the "Minimum Licensing Requirements". PERSO SI NI GAS RECE VING - ATE CHILD CARE LICENSING SPECIALIST DATE DCC 521 R(9199) NEIGHBORHOOD SIGNATURES NO OBJECTION TO PROPOSED DAY CARE Angels Blessings Wilma Bohot 124 E. 26th Circle Fayetteville, AR 72701 To Whom it may concern: ht u arou note 4-a -o') I see no reasonable objection to Wilma Bohot having a Christian license in home day c im II, j oo1 .rb ))lc/ _I scram C 55 - ap"fe a kids m rj7 -.J r ,_ LajS 22/ 2© z2 41d nW my optn 1t7'.00 q.m }>7 fl;oo Angels Blessings Wilma Bohot 124 East 26th Circle Fayetteville, AR 72701 To Whom it may concern: I have no objection to Wilma Bohot having a license in home daycare With a Christian learning area. Name Address W Ci our n.P.; ah bOfh oDd APRIL 3, 2007 Kids Angels Blessings Wilma Bohot 124 East 26th Circle Fayetteville, AR 72701 To Whom it may concern: I have no objection to Wilma Bohot having a license in home daycare With a Christian learning area. Name L IL Address l z 624 C.11iL u`iL ci" ( U -q2l S,ci40ator APRILO, 2007 `t Kids CAfi0 , I/� PYin ✓.i ✓-i 1v In 3 D n-i SfiUC fi /. V v Angels Blessings Wilma Bohot 124 East 26th Circle Fayetteville, AR 72701 To Whom it may concern: I have no objection to Wilma Bohot having a license in home daycare With a Christian learning area. /� Name Address Kids 7 7-G S Cp u1=lET e . s 2- 2 72 6 /2 ff LETTERS OF SUPPORT Terry Talbott 2419 Turtle Creek Dr. Rogers, AR 72756 May 9, 2007 To the City of Fayetteville: I have been a friend of Wilma Bohot's for several months. She is a wonderful woman and well respected. I am well aware of Ms. Bohot trying to open an in home daycare at her residence. I feel she has all of the right qualifications to run an in home day care. She is wonderful with children in our public school system. She is an excellent mother of three children. I hope you highly honor Ms. Bohot to live out her dream. Sincerely, JLQAA Terry Talbott JUN04 4 2007 Pat Talbott 2419 Turtle Creek Dr. Rogers, AR 72756 To Whom It May Concern: I am writing the letter in reference to Ms. Wilma Bohot. I have been acquainted with Ms. Bohot for a long time. I know she is a Christian woman and good at heart. I feel there is no reason why Ms. Bohot should be turned down on opening her own daycare out of her residence. She is a very intelligent lady with a wonderful background of love for our children. Ms. Bohot has made several changes to her home to get her operation up and going. She is going to hold a second open house to assure her neighbors there will not be any issues coming from her daycare. I hope and pray you give Ms. Bohot an opportunity of a life time to live out her dream. Thank you, /0J Pat Talbott JUN 0 4 2007 CITY pF FAYMT MLLE, PLANNING DIVI ION` 1Za nbow YoutivCo nectto ,Ch.uCarre'Food.i rogra*w R.O. Bow756 Glenwood.AR, 71943 Rhone' (8 70) 342-5111 or 1-800-821-5281 Fax. (8 70) 342 -5114 To Whom It May Concern: During a pre -operational visit to the home of Ms. Wilma Bohot, I had a chance to get to know Ms. Bohot and observe her neighborhood as well as her home. She has a large fenced in backyard and a large room that would act as an excellent play room. I also was able to look over her driveway and found no reason that Ms. Bohot would not make a wonderful place for children to spend their day. Ms. Bohot spoke to me about concerns from many of her neighbors about there being a home daycare within the neighborhood. To this I would ask that Ms. Bohot be allowed to at least be given a chance to show the concerned neighbors that her facility in no way be an inconvenience to them. The parents and children of the area would greatly benefit from having a place to leave their kids in a nice and peaceful environment. Please let Ms. Bohot follow her dream and open her very own in home daycare. If you have any questions please contact me at the number listed above. Sincerely, GJr ctsJYJUa Tanya Sandage Director Rainbow Youth Connection Inc. April 3, 2007 To Whom It May Concern: My name is Heather Johnson and I reside at 2590 South College.Drive. I have lived on the hilltop for several years and welcome the idea of my neighbor, Wilma Bohot, operating an in home daycare facility. I don't feel that it will cause any bother to our hilltop community. As a parent whose child attends an in home facility across town, I know how important these places can be and what a welcoming relief it is to find someone that you can trust to take care of your children. Believe me when I say that an in home operator screens their parents as much as the parents screen the operator. I believe that Wilma will use her best judgment when inviting new people to our neighborhood. I think we should applaud Ms. Bohot for this undertaking and support her in any way possible. If you have any questions please feel free to call my home at 443-4243. Sincerely, ` p Heather Johnson Vickie Martin 56 East 26`h Circle Fayetteville, AR 72701 April 4, 2007 To Whom It May Concern: I have lived around the corner from Wilma Bohot for almost 18 years. I understand she has requested approval to set up a licensed home based day care center. I have no objection. I drive by her house at least 4 times a day during the week. Since she is only the second house after you turn into our neighborhood, I do not feel increased traffic will be a problem. Wilma is attempting her home based business so she can "make a living" for her family. She will be providing quality day care for the children of our area at affordable prices. I wish her the best. Sincerely, Vickie Martin To Whom It Concern: 4/14/07 Wilma bohot is a loving and caring mother of three children. She is also a substute school teacher for the Springdale Public School System. Ms. Bohot has a very nice living environment for her children and would love to share it with the dreams she has had for an in home day care. She loves to work with children and their needs. She has plenty of back ground experience on child behavior and children's needs. I hope and pray you give Ms. Bohot the opportunity to open an in home day care. Janet Self (Licensed day care provider) Greetings; I wish to submit my vote of support in the issue of Wilma Bohot in her desire to start an in home day care. I believe she has shown the desire and capability to run a day care at her home without impacting the suburban environment of her neighborhood. Thanks for allowing my input. Robert Whitemyer Dolphin Discovery Daycare 1800 West Olive Rogers, AR 72756 (479) 621-8758 To Whom It May Concern: I am a licensed day care provider in Rogers. I have been in operation for five years. As a day care provider I know the rules and regulations from the State and City. Ms. Bohot has ran my day care for me on a numerous amount of occasions. She is a perfectionist when it comes to children. I have visited Ms. Bohot's residence several times. I feel she has a magnificent home for an in home daycare. As for the parking that has been questionable from her neighbors, I feel she has more than adequate parking. Ms. Bohot would like to open her doors for our children. I feel she has met all the requirements and regulations. We need more in home day care like Ms. Bohot. I pray that you give her the chance. Sincerely, Casey Howell Owner/Director City Of Fayetteville, I have known Wilma Bohot for years. I am very familiar with her residence. She has a very nice home with a safe environment for children. My mother owns Dolphin Discovery Daycare (a licensed day care in Rogers). Ms. Bohot has run the business for my mother on several occasions. She is about the only person mother will allow to operate the daycare whiles she steps away. Ms. Bohot is wonderful with the children as we all know. Ms. Bohot has an outstanding environment at her residence to operate an in home day care facility and I wish her well. I hope you allow her to operate an in home day care. This is a woman with profession, strength and passion. Thank you, g1�{�r�Li Cyn1hia Soriano Elmer ale Elementary Sts tool 420 North West End Street Springdale, Arkansas 72764 Phone: (479) 750-8859 Fax: (479) 750-8861 Don Johnson, Principal Michele Hutton, Assistant Principal djohnson(asdale:ore mhutton@sdale.org April 5, 2007 To Whom It May Concern: Wilma Bohot has substituted at Elmdale Elementary as needed for the last couple of years. She has always come to a substitute assignment ready for work and on time, working in a professional and responsible manner. She has done a good job of following teacher lesson plans and the schedule left for her. If you have any questions, please feel free to contact me or the sub• coordinator, Mrs. Vicky Lachance, here at Elmdale. Sincerely, Don Jo son, Principal Elmdale Elementary DJ:kl BOB J. PANT Pastor STEVE BORIAND Youth Pastor KEYLON COOK Minister of Music MARK HELLWIG Children's Pastor DON NYE Senior Adult Pastor 9s cgsss.Emt4 Of god 1605 West Robinson Ave. P.O. Box 7330 Springdale, Arkansas 72766-7330 Phone (479) 751-4459 • FAX (479) 751-4451 www.firstagspringdale.org April 30, 2007 To Whom It May Concern: Wilma Bohot faithfully attends First Assembly of God in Springdale, AR. and has for over three years. I recommend her to you. It is my understanding that Wilma is endeavoring to start a daycare center and to run it built around Christian principles. Such a center would certainly be to the benefit of Christian parents and I believe Wilma will be able to operate such a center effectively. Sincerely, Bob . Fant " W'Wt/ 2[3" 5-117 a,�,a. a ob G -Q Qe S S -07 SP 4 LAO a Ir IC /34//a!'. " r RECEIVED MAY 09 2007 pLANNING DIV. Karen Smith 2600 Bent Trail Springdale, AR 72762 (479)751-8061 To Whom It May Concern I would like to take this opportunity to say what I know about Wilma Bohot. She and her children faithfully attend the same church as I do, Springdale First Assembly of God in Springdale, AR. She rarely misses a service and has her children in all activities for children and youth. I have observed her motherly skills and feel she is an exceptional mother. I also know Wilma as a fellow substitute teacher for the Springdale School System. From my observation she is very loving, caring and concerned teacher. If I had young children that needed daycare I would most emphatically turn to Wilma for my children's care. To Whom It Concerns: I am fully aware of Wilma Bohot wanting to open an in home licensed day care. I feel that she has all of the qualifications and requirements needed. I think it should be considered for Ms. Bohot to be able to operate her own day care in her home. Ms. Bohot is very reliable and dependable. She is a loving and caring person. I feel that she has the perfect set up in her home to provide the care that our children need. Safety is a big factor to Ms. Bohot, however she has met all of the safety requirements as needed. Please allow Ms. Bohot to open her day care soon. Thank You, Kelly Kio Dear Wilma, I am writing this letter for you wishing you the best for your in home day care. Ms. Bohot has watched my children on several occasions. I find that she is very confident and very structured. I think Ms. Bohot deserves a chance to have her own licensed daycare and to care for our children. Please consider Ms. Bohot to establish her in home licensed facility. Thank You, Mike Ziem To Whom It May Concern: I am writing on behalf of Wilma Bohot. I have known Wilma for several months and have been to her residence on several occasions. I feel that Ms. Bohot has the appropriate home for an in home child care. I feel that children would succeed quite well in her environment as an in home learning facility. Ms. Bohot is a substitute school teacher for the Springdale public school system wanting to venture out on her own. I hope that you will give her this opportunity to allow Ms. Bohot her dreams. Sincerely, Matt Bevis To The City Of Fayetteville, 4/17/07 For Whom It May Concern: I have known Ms. Wilma Bohot for quite some time. She is a very good person and loves children. Ms. Bohot has watched my son on numerous occasions while at a licensed day care facility while the director stepped away to run errors. Ms. Bohot is very enthusiastic with children and teaches them well. If I had to choose a daycare in the Fayetteville area I would for sure choose Ms. Wilma Bohot.. I know she will make an excellent day care provider for our children. Thank You, ru�2u�.�i3s�,t Valirie Booher 4104107 To Whom It May Concern: I am writing on behalf of Wilma Bohot Wilma has watched my 2 children on several occasions at Dolphin Discovery Daycare while the ownerfdirector had stepped away or had to run an errand. I have known Wilma for over 5 years. She is wonderful with children and would make any parent comforted to know that their children are under her care. She has had several years of experience with kids of various ages through substitute teaching, which that In itself takes a very special person. I would definitely refer others In need of childcare to her establishment nk you 4z To Whom It Concern: My name is Rene Rose and I am a resident of Benton County. I take my son to a licensed daycare facility. Wilma Bohot has stepped in and taken charge of the daycare while the owner was away. I was very well satisfied with how well she took care of my son. We need more caring and affectionate daycare providers in the area like Ms. Bohot. I hope you allow her to operate an in home daycare out of her residence. I know our parents will have a peace of mind at ease knowing our children are being taken well care of while in her presence. Please allow Ms. Bohot this opportunity! ! ! Rene Rose Ta l , (A+r p o- ` Gee V o V O t p Y L Guy &a i& . y 4Lta v 5. S�G iS DYZe p He tflA&k cav 1 n .Wesk � 1 Q vJ. fl -u- 3n%\ &y4'\ U \\ rna as beet, txr olaA by S J)r, nq &ale Sc \OzA cc Y e_ar SUM Shy et\W4ctave� n� &, ern vJ i l l Lavv it ea -N t� \�■' O- ELEA.CiVtU \ �nc%e!' PR1007 J - (V" flr/y+a wpl y,h7 1 /58 Farrier A✓e r , e7?c v %lic Ar /27o I of Pr have knowlrt a of of f( der fife. Therefor 1, feel 1 know -- __ her ece f;o Half+ ell, Jo er we% c"ow she weulol 6e a6/e to wnr/< wllA dre Uer Well, {so her house a SeT up exceIenI. rr ar1 b c A re tUs his i� , wk/lch wou/d - Uo n an r afl (!1 Od h. Sop! /h,k poise L.✓ou/d be rob/ee^ ar wo •because Me chi%drC will . be der S01 e 'OSIon I the i1r,e Mnu l5,d001 �,>>y t� edriot doe., oal ex ° U 1` r\ •ctws ate_ I 5- - �a��-�---�► maw --- -- --- ----— (_ 1�0� r rwd�r t)!� aIZGCPoiSC i n --- � .STz LS�- t Mayor, Dan Coody, Alderman, Brenda Thiel Alderman, Adella Gray Fayetteville Planning Commission Jill Anthes Audy Lack Lois Bryant Christine Myres Matthew Cabe Alan M Ostner James Graves Sean Trumbo Hilary Harris Planning Administrators Jeremy Pate Jesse Fulcher RE: Wilma Bohot, In -home daycare at 124 E 26t° Circle, Fayetteville We wholeheartedly support Wilma Bohot and her desire to run a small daycare in her home. We live DIRECTLY across the street at 123 E 26° Circle. There would be less disturbance with a daycare run Monday -Friday 7:00am-5:30pm than when my family hosts a BBQ on the weekend, or an occasional meal on a weekday evening. And similar events by me, or other neighbors, would not be disturbed by the daycare only operating Monday -Friday. Many of the residents that complained last year when Ms Bohot requested this zoning change forget they have their grandchildren to visit their house sometimes, which is great, but those children are not always in the living room or the back yard as Ms Bohol's proposal would have. In fact, we should always be careful, especially in the summer when more grandchildren visit homes not prepared for children...because the kids are in the front yard. This is fine, we need to drive carefully in our neighborhood anyway, but to say Ms Bohol's daycare is going to hamper our desire to go somewhere quickly is narrow -sited and selfish. If Ms Bohot can provide a service "up on the hill" then it could reduce the amount of traffic as hill -tip residents take their kids here if they work at home, or not increase, as parents would have to leave their homes to take their children down the hill anyway. Maybe one way Ms Bohot might help a potential traffic issue is to always have those dropping off or picking up children, pull into her driveway and not park on the street. She has a large driveway, that should be easy enough. I realize those upset about the change in zoning will be the ones most vocal. We wish we were in town for the Planning Commission to voice our support in person and I hope this letter assures you of our support. We think there are some things worth fighting, this is not one of them. I wish those upset with Ms Bohot would have been at the zoning meeting establishing the property on the south side of 24ih Street as available for 600 units. Now that, will decrease property value, not a residential daycare for 10 kids! To Whom It May Concern: 5/22/2007 I and my family are members of First Assembly of God Church. We attend with Wilma Bohot and her children. I understand she is applying to start a day care facility. I sit beside her family and have observed her and her family and feel she would do well in this capacity. Thank you, Lee Bennett LETTERS OF OPPOSITION BILLIE & JOE FRED STARR 210 RAVEN WOODS LANE • FAYETTEVILLE AR 72701 May 14, 2007 Mr. Jeremy Pate c/o City Administration Building 113 Mountain Street Fayetteville AR 72701 Dear Mr. Pate: We have lived in the Country Club area for 25 years, a time when there were few houses and limited traffic. All that has changed in the past 10 years with new additions opening up and the traffic tripling. We strongly object to a proposed day care center for this area and think it is inappropriate and unwise for a number of reasons, mainly the traffic issue as 24th Street/Country Club Road goes only as far as the country club and no further. Therefore, increased traffic poses a major problem, added to the fact that the majority of the residents are retirees who live quiet lifestyles and feel that the character of the neighborhood does not favor a busy day care facility. We hope you will take these thoughts into account as you deliberate this request. .000� Billie & Joe Fred Starr Jesse Fulcher - Conditional Use Permit Page 1 mr. From: Lindsey Miller <vmclm@sbcglobal.net> To:<jfulcher@ci.fayetteville.ar.us> Date: 5/16/07 8:53PM Subject: Conditional Use Permit May 15, 2007 Dear Mr. Fulcher, Please accept this letter as a formal request that you deny the request for a Conditional Use Permit for Home Child Care by Wilma Bohot at 124 26th Circle, Fayetteville. This residential neighborhood is not appropriate for commercial ventures such as this. The property owners in this neighborhood have purchased their homes knowing this restriction and expecting this restriction to be maintained. Commercial ventures requiring parking and outdoors activities such as a playground would significantly and adversely affect property owners in this quiet neighborhood. The additional traffic, parking and noise are not desirable and can reduce the value of our property. We would ask that you consider the negative impact this would have on all of the other owners in our neighborhood. It is our understanding that the very reason for needing to apply for such a conditional permit in a residential neighborhood is to protect the rights of the other property owners who bought their homes in a residential rather than commercial area. All of the owners in the area should be expected to maintain this restriction. Lindsey & Virginia Miller 2780 S College Drive Fayetteville, AR . TBSCPRk�' Jesse Fulcher - City Planrnnci request for denial 042607[1].doc Page 1 From: "caddington" <coveta@fayfdc.com> To: <jpate@ci.fayetteville.ar.us> Date: 5/7/07 7:55AM Subject: City_Planning_request_for_denial_042607[1 ].doc Mark and Coveta Lungaro 2489 South College Drive Fayetteville, AR 72701 479.841.1145 April 26, 2007 FORWARDED VIA EMAIL Mayor Dan Coody Alermen Brenda Theil and Adella Gray Planning Commissioners: Lois Bryant Christine Myres James Graves Jill Anthes Sean Trumbo Alan Ostner Audy Lack Hilary Harris Matthew Cabe City Planning Department: Jeremy Pate Jesse Fulcher Ladies and Gentlemen: RE: Request for Conditional Use Permit for Home Child Care 124 26th Circle, Fayetteville AR (Wilma Bohot) Please consider this our request for denial for the subject Conditional Use Permit. I have lived in this neighborhood for the past 15 years and consider such use would undermine the integrity of the neighborhood. Additionally, it would create a safety issue due to increased traffic. There was an unlicensed day care center operating within blocks of the subject home a few years ago and the amount of traffic and noise the operation created was less than ideal for the type of neighborhood with the average age estimated to be over 55. Thank you for your consideration. Sincerely, Mark and Coveta Lungaro ti. Repc esf f o Deny' Dear I nr.'Po_1 e1 171 is Ada N Ldchi*n s. / /j,e of /37 E, 26 e�c/e, f¼lle. awn w'r-iflh1 re a+-olinq a re�,uesf 4M fy�es. BoAof to 0perate a r &yCQhe Cen tes oc, f o� A er home ; D /!lie Dir ecf( across f-ro r,, Ike 8oAof ..f-esidehce a-nc/ "-'a are taorio/u O fo fhrs Acre !S ho Cokninercf'ct,L ad ,viE-j oh our Pill. Ow- !-li/f has one wc3.tf ir, anof one tvacf occ.f, So iraAll;z .wi/I ia.r, and park /n r4orohf o{ ouf- Aowe. Wee -h as eh Lo �c,o;td acts Reilirement /none" lit tA M/'ce c►uLeE resiWen6/aL area, /Qsp a reft'r•eal o6eacIes l Know what 'Lt lr� e a n s t o have a 17a 1 Ca. r e Co f r. in 40p o h t od our %o)"o, We 5th-oh5ly ccr5e you_ £co 1i2en iAl's regtc,ocf /or p DagrcareCa. n.-. P/ease, S eve our rE'SrcJah ticzC S a to s aea/ t'is 77a.hyy,ttiltoty. lRes/beel--if/y, Jesse Fulcher - Request to Deny the Conditional Use Permit for Home Child Care to Wilma Bohot Page 1 From: "Tara Van Nostrand" <et0ile13@hotmail.com> Date: 5/15/07 4:47PM Subject: Request to Deny the Conditional Use Permit for Home Child Care to Wilma Bohot Clear Dayl am sending this email for my mother Linda Diane Phelan, who lives at 6 East 29th Circle. I would like to discuss the issue that Wilma Bohot, who lives at 124 26th Circle, be denied a permit to open a home child care center at her home. First of all we moved to this area to be close to the country club and be a little more secluded and away from traffic. If she is aloud to put a child center in her home there will be a lot of traffic and brings strangers in our area. I love to walk around my neighborhood because it is quite and has very little traffic. If there is a day care in the area that will go away. Second of all if she is allowed to put in this day care facility what will stop someone else from opening up a business. This area is for people who want to relax and get away from the noises of the city. Please consider the people who have lived up here and would like it to stay a nice, peaceful community and not a busy place for people who are in a hurry to take their children to day care. Tara Van Nostrand Ethan Van Nostrand Born 4-11-07 Yahoo IM: etoilejay MSN IM: etoilel3 AOL IM: etoile0613 Jesse Fulcher - Request to deconditional use permity 124 26th Circle • Pa e 1 ararsr From: Gwyn Wood <gwyn.wood@sbcglobal.net> To: <balliehi@sbcglobal.net>, <cmyres@sbcglobal.net>, <jgraves@bassettlawfirm.com>, <janthes@uark.edu>, <jpate@ci.fayetteville.ar.us>,<jfulcher@ci.fayetteville.ar.us>, <strumbo@nicklehill.com>, <alan.ostner@sbcglobal.net>, <aostner@rauschcoleman.com>, <audy@mbl-arch.com>, <hharris@lindsey.com>, <matthew@allarch.com>, <mayor@ci.fayetteville.ar.us>,<ward2_pos2_@ci.fayetteville.ar.us>,<wardlposl@ci.fayettevjlle.arus> Date: 5/9/07 3:27PM Subject: Request to deny conditional use permit - 124 26th Circle Dear all, We wish to express our opposition to the request by Wilma Bohot, 124 26th Circle, Fayetteville, for a conditional use permit for a home child care center. This is the second time Ms Bohot has made this request. As fellow residents of the Fayetteville Country Club hill neighborhood, we feel that having a day care center in our midst will increase traffic and set a precedence for allowing businesses to operate on the hill. We are concerned that the police have been called to the Bohot residence many times on complaints about the behavior of Ms Bohol's older son. We do not know if that son is living in the residence at present. Please deny Ms Bohot's request for a conditional use permit for a child care center. Thank you for your service to our city. Jim & Gwyn Wood 2766 S. College Dr. Fayetteville, AR 72701 443-4033 April 28, 2007 To: Planning Commission RE: CUP 07-2560 (Bohot, 679) There is only one street leading up to this hilltop neighborhood. It is steep and winding and certainly not conducive to a service business. This neighborhood is largely composed of retirees. There are not many young families with young children living there. Furthermore, there are several buildings available for lease on Hwy 71 within a half -mile of the applicant's residence that would 'not need a CUP for the applicants proposed business. Several years ago when Dawn Warrick was the Planning Administrator she had to deal with many complaints about a very similar situation. At that time, there was a daycare center, located on S. College in this neighborhood, which was operating illegally. The operators made it impossible to prove so it continued for some time. During that time, the police had to deal with traffic complaints from the neighbors and patrol the area regularly. Needless to say, I do not believe that the police need to deal with the increased traffic that this business might generate during early morning and late evening hours. This neighborhood has formed a very active Neighborhood Crime Watch and they work very diligently to keep their neighborhood safe. The police have been called to this residence on numerous occasions in the past and this pattern has continued into 2007. Again, please consider the incompatibility of this business in this quiet neighborhood and do not support this CUP. Thank you for your consideration. Chelsea D. Rodman 115 E. 26`h Circle MAY02 2 2007 April 28, 2007 To: Planning Commission RE: CUP 07-2560 (Bohot, 679) There is only one street leading up to this hilltop neighborhood. It is steep and winding and certainly not conducive to a service business. This neighborhood is largely composed of retirees. There are not many young families with young children living there. Furthermore, there are several buildings available for lease on Hwy 71 within a half -mile of the applicant's residence that would not need a CUP for the applicants proposed business. Several years ago when Dawn Warrick was the Planning Administrator she had to deal with many complaints about a very similar situation. At that time, there was a daycare center, located on S. College in this neighborhood, which was operating illegally. The operators made it impossible to prove so it continued for some time. During that time, the police had to deal with traffic complaints from the neighbors and patrol the area regularly. Needless to say, I do not believe that the police need to deal with the increased traffic that this business might generate during early morning and late evening hours. This neighborhood has formed a very active Neighborhood Crime Watch and they work very diligently to keep their neighborhood safe. The police have been called to this residence on numerous occasions in the past and this pattern has continued into 2007. Again, please consider the incompatibility of this business in this quiet neighborhood and do not support this CUP. Thank you for your consideration. Sincerely, !1 John H. Rodman 115 E. 26`h Circle April 28, 2007 To: Planning Commission RE: CUP 07-2560 (Bohot, 679) There is only one street leading up to this hilltop neighborhood. It is steep and winding and certainly not conducive to a service business. This neighborhood is largely composed of retirees. There are not many young families with young children living there. Furthermore, there are several buildings available for lease on Hwy 71 within a half -mile of the applicant's residence that would not need a CUP for the applicants proposed business. Several years ago when Dawn Warrick was the Planning Administrator she had to deal with many complaints about a very similar situation. At that time, there was a daycare center, located on S. College in this neighborhood, which was operating illegally. The operators made it impossible to prove so it continued for some time. During that time, the police had to deal with traffic complaints from the neighbors and patrol the area regularly. Needless to say, I do not believe that the police need to deal with the increased traffic that this business might generate during early morning and late evening hours. This neighborhood has formed a very active Neighborhood Crime Watch and they work very diligently to keep their neighborhood safe. The police have been called to this residence on numerous occasions in the past and this pattern has continued into 2007. Again, please consider the incompatibility of this business in this quiet neighborhood and do not support this CUP. Thank you for your consideration. RECEIVED Sincerely, MAY 0 7 2007 J4P >v114G Div. Rodman 2835 Club Oak Drive April 28, 2007 To: Planning Commission RE: CUP 07-2560 (Bohot, 679) There is only one street leading up to this hilltop neighborhood. It is steep and winding and certainly not conducive to a service business. This neighborhood is largely composed of retirees. There are not many young families with young children living there. Furthermore, there are several buildings available for lease on Hwy 71 within a half -mile of the applicant's residence that would not need a CUP for the applicants proposed business. Several years ago when Dawn Warrick was the Planning Administrator she had to deal with many complaints about a very similar situation. At that time, there was a daycare center, located on S. College in this neighborhood, which was operating illegally. The operators made it impossible to prove so it continued for some time. During that time, the police had to deal with traffic complaints from the neighbors and patrol the area regularly. Needless to say, I do not believe that the police need to deal with the increased traffic that this business might generate during early morning and late evening hours. This neighborhood has formed a very active Neighborhood Crime Watch and they work very diligently to keep their neighborhood safe. The police have been called to this residence on numerous occasions in the past and this pattern has continued into 2007. Again, please consider the incompatibility of this business in this quiet neighborhood and do not support this CUP. Thank you for your consideration. CR,. Joe B. Rodman 2835 Club Oak Drive MAY 02 2007 Page 1 of I hary & patt From: "hary & patt" <harvpatt©cox.net> To: <jgraves©bassetfawfirm.com>; <janther®uarkedu>;<jfulcher©ci.fayetteville.ar.us>; <strumbo@nicklehill.com>; <alan.oster@slxgbbal.com>; <audy©mitrarch.com>; <hharris@lindsey.com>; <matthew@allarch.com>; <mayorrci.fayetteville.ar.us>; <ward2 pos2 @cLfayetteville.ar.us>; <ward2 posl ©ci.fayetteville.ar.us>; <balliehi@sbcglobal.net>; <cmyres©sbcglobal.net> Sent: Sunday, April 29, 2007 8:11 PM Subject: conditional use permit 07-2560 ( Bohot, 679) Planning Commission Fayetteville, AR Subject Conditional use permit 07-2560 (Bohot,679) We are submitting a "request to deny" based on the following reasons: 1. The hilltop has always been "residential only" as stated in the covenants. 2. We have great concern that issuing a zoning change could open the area to other business and in addition, lower the property values. 3. We live almost directly across from the property in question and certainly do not need the additional traffic and noise. This area is primarily populated by retired persons and one oldie primary reasons for living in this area is the peace and quiet. 4. The daycare would be used by few if any of our residents. 5. Based on the amount of police activity at this location in the past makes us wonder whether this person is capable or qualified to run any activity involving children. We went through this just last year at which time the planning commission correctly denied the application. We would submit that nothing has changed that would reverse last years decision of denial. Rv r R. David arvie Patricia Harvie 145 E. 26th Circle Fayetteville, AR 72701 479-443-6757 I.;AY07tfl7 4/29/2007 May 2, 2007 Fayetteville City Planning and Zoning Commission 113 West Mountain Street Fayetteville, AR 72701 Dear Sirs, I would like to register my opposition to the request by Ms. Bohot for a conditional use permit to establish a day care center in her home at 124 26"' Circle, Fayetteville. Given that this is a totally residential neighborhood, the presence of a day care center would pose a safety problem as well as a nuisance for us all. Ms. Bohot has already been denied a conditional use permit last year and I feel that nothing has changed which would cause the Commission to reverse its earlier decision. Please deny Ms. Bohot's petition. Sincerely, 'Ala 0MNNVld LOOZ 9 u 1,WW Geneva Lash p� 345 East Fairway Lane MMIW33 A Fayetteville, AR 72701 MMM MITCHELL 37 East 29`' Circle Fayetteville AR 72701 (479) 582-0007 April 15, 2007 City of Fayetteville Administrators (see reverse) City of Fayetteville Council Members (see reverse) City of Fayetteville Planning Commissioners (see reverse) 113 West Mountain Fayetteville, AR 72701 Re: Conditional Use Permit for Home Child Care (Bohot -124 26th Circle - Fayetteville AR 72701) Honorable City Representatives: De-Ja Vul!! This communication is written to reiterate our formal opposition to any additional business enterprise on our residential hilltop. For a second time and hopefully the last, REASONS TO DENY Request for Conditional Use Permit: > We are Arkansas' largest cul-de-sac; > Traffic -flow is max'd due to 140+ residents and 400 Members of the Fayetteville Country Club; > Most residents are without children, retired and/or over the age of 60. > The few residential children go to school. Therefore, NO DIRECT NEED for such commerce; > Utilization of day care would oblige unwanted additional traffic at time our residents are rising, leaving and returning. > We have many walkers (morning, afternoon, evening). Please be assured, as parents and grandparents, our opposition IS NOT prejudice against children and/or toward Ms. Bohot. Succinctly put: > As homeowners since 1990, we intentionally made a well -researched and informed decision to invest our assets, as well as our future, around the ambience of the solitude of this little hilltop community. > We deliberately chose not to live near schools and/or businesses of any sort. At this time we would like to express our appreciation for a fair and impartial consideration of the aforementioned matter and our request to deny the above -referenced Conditional Use Permit. Sincerely, Marvin Mitchell Marie Mitchell Jesse Fulcher - Request to Deny Petition Pa e 1 From: Bob and Pat Cooper <pnbcooper@yahoo.com> To: <balliehi@sbcglobal.net>, <cmyres@sbcglobal.net>, <jgraves@bassettlawfirm.com>, <janthes@uark.edu>, <strumbo@nicklehill.com>, <alan.ostner@sbcglobal.com>, <audy@mbl-arch.com>, <hharris@lindsey.com>, <matthew@allarch.com>, <jpate@ci.fayetteville.ar.us>, <jfulcher@ci.fayetteville.ar. us> Date: 4/24107 10:10PM Subject: Request to Deny Petition Petition: Request for Conditional Use Permit for Home Child Care Submitted by: Wilma Bohot, 124 26th Circle, Fayetteville To be Considered: May 14, 2007 by Planning Commission Mrs. Bohot's petition was previously denied by the planning commission as being unsuited for the neighborhood. Our neighborhood consists primarily of retirees who have no need for child care. There is only one two-lane street into and out of our neighborhood and a day care center would therefore not be on the route to and from work for potential clients and would increase our traffic flow. Our neighborhood is exclusively single family residences and having a commercial business will degrade the integrity of our area. Conditions in our neighborhood are unchanged from when the planning commission denied Mrs. Bohot's petition a year ago. Having an in -home daycare was unsuitable then and is unsuitable now. I request that Mrs. Bohot's petition be denied. Thank You, Bob and Pat Cooper 2957 So College Drive Fayetteville, AR 72701 Mrs. Helen Kirby 2747 South College Avenue Fayetteville AR 72701 (479) 442-5063 April 25, 2007 City of Fayetteville Administrators (see reverse) City of Fayetteville Council Members (see reverse) City of Fayetteville Planning Commissioners (see reverse) Re: Conditional Use Permit for Home Child Care (Bohot: 124 26th Circle — Fayetteville, AR 72701) Honorable City Representatives: As a resident of South Mountain (Fayetteville Country Club) for 16% years, I hereby formally request denial of the above -referenced Conditional Use Permit. I am listing just a few reasons for request to deny. (1) The majority of residents are [farj beyond child-bearing years; (2) Many are widowed; (3) Few "families w/children" actually reside upon our hilltop. Those that do, however, are transported to other school districts. Therefore, requiring no daycare services. (4) Residential traffic (140+), combined with Country Club members (400), is volume enough for a hilly/curving/1 -way in/out road; (5) Although several sub -divisions exist upon our hilltop, most have covenants that prohibit commercial businesses, which begs the question, "why would city government supersede the will of the majority?" Opposition is to commercializing a residential community. If approved, you set a precedent for other types of conditional uses. Where will it end? How can it be stopped? Simply put: deny said request. Please take into consideration as well — homes were built and investments made. We simply do not wish to commingle residential and commercial zonings. Thank you for your judicious consideration in this matter. Respectfully, 71"x-7�I Helen Kirby Jesse Fulcher - Pa e 1 From: Jim Hashbarger <jlhashbarger@hotmail.com> To: <balliehi@sbcglobal.net>, <cmyres@sbcglobal.net>, <jgraves@bassettlawfirm.com>, <janthes@uark.edu>, <ipate@ci.fayetteville.ar.us>,<jfulcher@ci.fayetteville.ar.us>, <strumbo@nicklehill.com>, <alan.oster@sbcglobal.com>, <audy@mbl-arch.com>, <hharris@lindsey.com>, <matthew@allarch.com>, <mayor@ci.fayetteville.ar.us>, <ward2_post@ci.fayetteville.ar.us>, <ward1_pos1 @ci.fayetteville.ar.us>, <mmitchellm@cox.net> Date: 5/1107 1:03PM Dear Commissioners and Administrators, I reside at 2519 South College Drive in the Fayetteville Country Club neighborhood. I am writing to express my opposition to the request for a Conditional Use permit for home child care by Wilma Bohot at 124 26th Circle. First, I do not understand why this is being considered again after being denied less than a year ago. Is there not a limit to the number of times a person can bring forth the same request? If circumstances have changed, please let me know what those changes are. The reasons for my opposition are: This neighborhood consists of mainly older people without children. Therefore, there is no real need for this facility. This is a rather secluded neighborhood in which the residents enjoy being away from traffic and noise. A child care facility will bring both to the area. The owners purchased their property with the knowledge that it was a residential neighborhood and have the right to see that it remains just that. Why this business should be allowed to impact the desirability of our investments for the benefit of one person, is not clear to me. The vast majority of people living in this area do not want this exception granted. What other business might apply for an exception? This request should be denied AGAIN, and permanently this time. Jim Hashbarger 2519 South College Drive 575-9301 Connect to the next generation of MSN Messenger http://imagine-msn.com/messengerlaunch80/default.aspx?locale=en-us&source=wlm ailtagline Jesse Fulcher - Pis Deny W Bohot Request for Neighborhood Day Care Center Page 1 From: "GP125" <gp125@sbcglobal.net> To: "Lois Bryant Ward 1 Planning Commission" <balliehi@sbcglobal.net>, "Christine Myres Ward 4 Planning Commission" <cmyres@sbcglobal.net>, "James Graves Planning Commission Ward 1" <jgraves@bassettlawfirm.com>, "Jill Anthes Ward 2 Planning Commission" <janthes@uark.edu>, "Sean Trumbo Ward 4 Planning Commission" <strumbo@nicklehill.com>, "Alan Ostner Ward 2 Planning Commission" <aostner@rauschcoleman.com>, "Audy Lack Ward 3 Planning Commission" <audy@mbl-arch.com>, "Hilary Harris Ward 1 Planning Commission" <hharris@lindsey.com>, "Matthew Cabe Ward 1 Planning Commission" <matthew@allarch.com> Date: 4/22/07 4:35PM Subject: Pis Deny W. Bohot Request for Neighborhood Day Care Center Members of the Planning Commission, Subject: W. Bohot Request for Neighborhood Day Care Center at 124 26th Circle It is again being requested that a "conditional use permit for home child care" be approved for our neighborhood. Roughly a year ago this same request was made and the Planning Commission denied the request. Here we are again, same person making the same request when nothing in our neighborhood has changed. We are the same neighbors who opposed this petition last year and are doing so again. The same issues that led you to deny this petition last year exist today. These include traffic, parking, congestion, noise, disruption of lifestyle, loss of property value, etc. Ours is a quiet neighborhood of primarily retirees and we spend our days at home. Living next door and having to deal with a day care center is not acceptable and is a violation of existing covenants. We do not want our quiet, safe neighborhood subjected to this type of business. We have already experienced the impact of a day care center (although unauthorized) in our area at a house on South College. Years of complaints to the city brought no results. We do not want to experience the problems that develop at this type of business again. Regardless of what the applicant (Wilma Bohot) may express, time and the desire for profitability invariably degenerates the care and control of such a business. We have all seen it first hand. Our neighborhood is not zoned for commercial business. Those who live here do so by choice and would not have purchased a home near a day care center. It is truly unfair and unjust to now change our agreed conditions to suit the needs of one individual. If Ms. Bohot truly is interested in opening a such a business the Planning Commission should deny this request and strongly recommend she move into a existing building on South College that better suits her needs and is properly zoned. We do not want our neighborhood to have a daycare center or any other commercial enterprise. We again urge you to deny this request by Wilma Bohot of 124 26th Circle. Geary and Gwyn Pope 125 West 29th Court Fayetteville, AR 72701 CC: "Brenda Thiel-Alderman"<wardlpos2@ci.fayettevilIe.ar.us>, "Adella Gray-Alderman" <wardiposi@ci.fayettevilIe.ar.us>, "Jesse Fulcher"<jfulcher@ci.fayetteville.ar.us>, "Jeremy Pate" <jpate@ci.fayetteville.ar. us> Jesse Fulcher - Bohot Variance Request Pa e 1 From: Ted and Sandi Villinski <tedandsandi@villinski.com> To: Dan Coody <mayor@ci.fayetteville.ar.us>, Brenda Thiel <bthiel@cox.net>, Adella Gray <War_1pos1_@ci.fayetteville.ar.us>, Lois Bryant <Balliehi@sbcglobal.net>, Christine Myres <cmyres@sbcglobal.net>, James Graves <jgraves@bassettlawfirm.com>, Sean Trumbo <strumbo@nicklehill.com>, Alan Ostner <alan.ostner@sbcglobal.net>, Audy Lack <audy@mbl-arch.com>, Hilary Harris <hharris@lindsey.com>, Matthew Cabe <matthew@allarch.com>, Jill Anthes <janthes@uark.com>, Jeremy Pate <jpate@ci.fayetteville.ar.us>, Jesse Fulcher <jfulcher@ci.fayettevil le. ar. us> Date: 4/24/07 11:59AM Subject: Bohot Variance Request Dear Sirs; This is to state our opposition to the request for a variance by Ms. Bohot to be permitted to establish an in -home neighborhood day care center at 124 26th Circle. Our objections to this request are the same as they were last year when a similar request was ultimately denied by the Commission. As a residential neighborhood with limited access, we are concerned that the additional traffic generated by such an establishment would create increased traffic hazards for the residents as well as the toddlers who would be in attendance. We are also concerned for the safety of the children based upon the number times police assistance has be required at the 26th Circle residence in the past. Based upon the existing zoning regulations and neighborhood covenants, we respectfully request that the Commission deny this request. Ted and Sandi Villinski 3419 South Country Club Drive .... i4`5. Jesse Fulcher - Pis Deny W. Bohol Request for Nei_ hborhood Day Care Center Page 1 From: "GP125" <gp125@sbcglobaI.net> To: "Alan Ostner Ward 2 Planning Commission" <alan.ostner@sbcglobal.net>, "Matthew Cabe Ward 1 Planning Commission"cmatthew@allarch.com>, "Hilary Harris Ward 1 Planning Commission" <hharris@lindsey.com>, "Audy Lack Ward 3 Planning Commission" <audy@mbl-arch.com>, "Sean Trumbo Ward 4 Planning Commission" <strumbo@nicklehill.com>, "Jill Anthes Ward 2 Planning Commission" <janthes@uark.edu>, "James Graves Planning Commission Ward 1" <jgraves@bassettlawfirm.com>, "Christine Myres Ward 4 Planning Commission" <cmyres@sbcglobal.net>, "Lois Bryant Ward 1 Planning Commission" <balliehi@sbcglobal.net> Date: 6/4/07 5:36PM Subject: Pls Deny W. Bohot Request for Neighborhood Day Care Center Members of the Planning Commission, Subject: W. Bohot Request for Neighborhood Day Care Center at 124 26th Circle It is again being requested that a "conditional use permit for home child care" be approved for our neighborhood. Roughly a year ago this same request was made and the Planning Commission denied the request. Here we are again, same person making the same request when nothing in our neighborhood has changed. We are the same neighbors who opposed this petition last year and are doing so again. The same issues that led you to deny this petition last year exist today. These include traffic, parking, congestion, noise, disruption of lifestyle, loss of property value, etc. Ours is a quiet neighborhood of primarily retirees and we spend our days at home. Living next door and having to deal with a day care center is not acceptable and is a violation of existing covenants. We do not want our quiet, safe neighborhood subjected to this type of business. We have already experienced the impact of a day care center (although unauthorized) in our area at a house on South College. Years of complaints to the city brought no results. We do not want to experience the problems that develop at this type of business again. Regardless of what the applicant (Wilma Bohot) may express, time and the desire for profitability invariably degenerates the care and control of such a business. We have all seen it first hand. Our neighborhood is not zoned for commercial business. Those who live here do so by choice and would not have purchased a home near a day care center. It is truly unfair and unjust to now change our agreed conditions to suit the needs of one individual. If Ms. Bohot truly is interested in opening a such a business the Planning Commission should deny this request and strongly recommend she move into a existing building on South College that better suits her needs and is properly zoned. We do not want our neighborhood to have a daycare center or any other commercial enterprise. We again urge you to deny this request by Wilma Bohot of 124 26th Circle. Geary and Gwyn Pope 125 West 29th Court Fayetteville, AR 72701 CC: "Brenda Thiel -Alderman" <wardl post@ci.fayetteville.ar.us>, "Jesse Fulcher" <jfulcher@ci.fayetteville.ar.us>, "Jeremy Pate" <jpate@ci.fayetteville.ar.us> Page 1 of 1 John Hogle From: "John Hogle" <jhsays©earthlink.net> To: <mayor©ci.fayetteville.ar.us> Sent: Monday, May 28, 2007 8:44 PM Subject: CUP 07-2560: (BOHOT,679): in- home occupation, daycare , in the RSF-4 Zoning District Dear Mayor Coody: My wife and I retired in West Lafayette, Indiana and moved to Fayetteville in 1987. We chose to live in Fayetteville for many reasons. but primarily because of the many nice residential areas in the city. We purchased a lot at 108 East 26th. street and again, chose the area primarily because of the many nice houses in the residential neighborhood. It was obvious that the Owners took pride in the neighborhood and would be good neighbors. We then had our house built on our lot and have been very happy to live there for the past 20 years. The neighborhood is presently zoned RSF-4 SINGLE FAMILY - 4. Mrs. Wilma Bohot is now requesting that she be given a conditional use permit for her to operate an in -home occupation, child daycare business in her home. The Bohot residence is located two houses west of our lot and on the same side of the street We believe a child daycare center in our neighborhood may become a nuisance to its neighbors, increase traffic congestion, and will lower our property values, and open the area for other commercial enterprises. We respectfully request that you deny the request for a conditional use permit Sincerely, John and Rose Marie Hogle 5/28/2007 '!'T73A"GsY s Jesse Fulcher - Bohot CUP Page 1 From: Jay Rodman <jrodman@sbcglobal.net> To: <jpate@ci.fayetteville.ar.us> Date: 5/29107 10:23AM Subject: Bohot CUP Jeremy, Please forward the below to all of the planning commissioners The Fayetteville Country Club was established in 1927 and since that time decision makers and planning commissions have recognized that the most important aspect of a residential neighborhood is its character and therefore subsequent neighborhood applications for CUP and/or commercial rezoning have been justifiably denied. Your predecessors also recognized that a homeowner in a residential neighborhood that lies off the beaten path should have a reasonable' expectation that businesses would not be allowed to move in or operate out of a residential neighborhood home. These are the same justifications for continued denials of Wilson Park CUP or rezoning applications and they also apply to my neighborhood. It is also of concern that the planning commission is allowed to factor into their decision the glowing references from out of neighborhood and out of city supporters of Ms. Bohot and yet the commission is not permitted to factor in the negative public record of police responses to the property. Since last December, the police have responded 4 times to deal with disturbances at the subject residence which is a pattern consistent with what I have personally observed in my 8 years of living across the street from the Bohot residence. It is well and good that the problem child no longer lives at the residence and has a restraining order against him; however, a restraining order is merely a piece of paper and only effective so long as the person being restrained chooses to abide by the order. The fact that the mother had to take out a restraining order against her son speaks volumes in and of itself as to the wisdom of the proposed neighborhood business. Furthermore, Ms. Bohot obtained signatures from 24 total neighborhood households (+ the residents of 3 rental properties) and several of the signatories have since recanted not realizing what they were actually signing. In conclusion, as I drive on S. College in my daily work commute, I notice numerous vacant buildings along S. College that are for lease or for sale, properly zoned for the conduct of business, and are literally right down the street from the Bohot residence. The ample business space immediately available within a mile or less of the Bohot residence provides further justification to deny the CUP request. Regards, Jay Rodman 115 E. 26th Circle CC: Marie Mitchell <mmitchellm@cox.net> 5/29/2007 PlanninyijForm mail from AccessFayetteville] - Item 1 New Business - Meeting 5/29/07 Page 1 From: <friedma2@cox.net> To:<webmaster@ci.fayetteville.ar.us> Date: 5/29/2007 9:32 AM Subject: [Form mail from AccessFayetteville] - Item 1 New Business - Meeting 5/29/07 CC: <planning@ci.fayetteville.ar.us> From: Robert & Sharon Friedman Email: friedma2@cox.net To: planning@ci.fayetteville.ar.us Subject: Item 1 New Business - Meeting 5/29/07 Message: We want to voice our disapproval of the day care center in our neighborhood. We chose this neighborhood to live in because of its character - single family homes only. There is enough traffic with the residents and visitors to the country club. The area is already zoned for residential - no businesses. thank you for your attention to this email. Sharon & Robert Friedman 25 E 29th Circle MAY29 9 2007 Jesse Fulcher - R uest to Den Home Child Care at 124 E. 26th Circle - CUP 07-2560: (BOHOT,679) Page 1 From: "Connie Dorre" <cjdorre@sbcglobal.net> To: <balliehi@sbcglobal.net>, <cmyres@sbcglobal.net>, <jgraves@bassettlawfirm.com>, <janthes@uark.edu>,<jfulcher@ci.fayetteville.ar.us>, <strumbo@nicklehill.com>, <alan.ostner@sbcglobal.com>, <aostner@rauschcoleman.com>, <andy@mbl-arch.com>, <hharris@lindsey.com>, <matthew@allarch.com>, <mayor@ci.fayetteville.ar.us> Date: 5/28/07 10:05PM Subject: Request to Deny Home Child Care at 124 E. 26th Circle - CUP 07-2560: (BOHOT,679) I am writing to request denial for the Request for a Conditional Use Permit for Home Child Care petitioned by Wilma Bohot at 124 E. 26th Circle. My husband and I live at 2702 South College Drive and have enjoyed living here for many reasons; one of them being that this is a very quiet neighborhood. We believe that this could open many opportunities for others to open a Day Care or other type of business in this neighborhood. Although I did sign the petition saying I did not object to the Child Care Center when Ms. Bohot came to our door, I am now requesting that my name be removed from that petition. After I had time to think this through, I realized that I should not have signed this because I wouldn't like it if someone on our street decided to do the same thing. I apologize for any inconvenience this may have caused. We love children but do not believe a Home Child Care or other type of business would be a good thing for this neighborhood. ;. Thank you for your consideration. Respectfully, Tom and Connie Dorre 2702 South College Drive Fayetteville, AR 72701 479-521-3990 (5/2912007) Jeremy Pate - Conditional Use Permit for Home Chill Care Page 1 From: Craig Thompson <thomp830@sbcglobal.net> To: Lois Bryant <balliehi@sbcglobal.net>, Christine Myres <cmyres@sbcglobal.... Date: 5/28/2007 7:44 PM Subject: Conditional Use Permit for Home Child Care Craig and I would like to let you know we oppose the Conditonal Use Permit for a child care center byWillma Bohot at her address at 124 26th Circle in Fayetteville. We would request that you consider denying this request. We do not want to see home businesses such as this in our neighborhood. Thank you for your consideration. Craig and Jan Thompson 227 W 29th Ct Fayetteville Bob and Rita Hempen 48 East 27th Circle Fayetteville, AR 72701 Tel: 479-575-0904 FAX: 479-443-7660 e-mail: RGH1798@yah000.com May 29, 2007 Jeremy Pate Director of Current Planning Fayetteville Planning Commission City of Fayetteville 125 West Mountain Fayetteville, AR 72701 Re: CUP 07-2560 / Request of Wilma Bohot for in -home daycare occupation in RSF-4 Zoning District. Dear Mr. Pate: As you may recall, we spoke by phone earlier this month regarding Wilma Bohot's application and her plans for an in -home daycare business, "Angel's Blessings." Our home is within 500 feet of Ms. Bohot's home and thus it is considered adjacent property, I had hoped to be able to attend tonight's meeting but will not be able to do so. We again ask that this application be denied. Ms. Bohot is well aware of the long-standing opposition of her immediate neighbors to her plans for this business. I have heard rumors that she has obtained some signatures from neighborhood residents on a petition supporting her application but have never seen this petition and do not believe it was circulated in this part of the neighborhood. The only individual I am aware of supporting Ms. Bohot in her effort is Robert Foster who lives at 2927 Club Oaks; this is a significant distance (about 4 blocks) from Ms. Bohot's and not in a location which would bear any of the traffic. Although I understand that you do not consider the existence of private covenants in making your decisions in these matters, we continue to believe that it is not appropriate for the City to grant an exception to the zoning standards for a resident to do something which violates those covenants as it then puts the other residents in the position of having to incur the expense of legal fees. We particularly feel for Ms. Bohot's close neighbors on 26th Circle; many of these closest neighbors are elderly and all of them relied on the residential zoning and restrictive covenants to protect the peace of their neighborhoods and value of their properties. As it is they who will bear the brunt of this activity, clearly their views should carry the most weight. In order to operate this business, we are advised that "Angel's Blessings" will be open from 6:30 a.m. until 5:30 p.m. during which time customers may come and go and the property must be open for inspection by the department that issues the license. Clearly this business is commercial activity at a level inappropriate for the neighborhood. This is the second time this application has come before the Commission and we again ask that it be denied. Thank you for considering our position. Sincerely, 4RitHempen U Jan,Gambill - FW: Request to Deny Home Child Care at 124 E. 26th Circle - CUP 07-2560: (BOHOT.679) Paae 1 From: "Connie Dorre" <cjdorre@sbcglobal.net> To:<jgambill@ci.fayetteville.ar.us> Date: 6/6/2007 8:27 am Subject: FW: Request to Deny Home Child Care at 124 E. 26th Circle - CUP 07-2560: (BOHOT,679) Jan, Below is the email I tried to send on Monday, May 28, 2007 regarding the Request to Deny Home Child Care at 124 E 26th Circle. Thank you, Connie Dorre From: Connie Dorre [mailto:cjdorre@sbcglobal.net] Sent: Monday, May 28, 2007 10:05 PM To: 'balliehi@sbcglobal.net'; 'cmyres@sbcglobal.net'; 'jgraves@bassettlawfirm.com'; 'janthes@uark.edu'; 'jfulcher@ci.fayetteville.ar.us'; 'strumbo@nicklehill.com'; 'alan.ostner@sbcglobal.com`; 'aostner@rauschcoleman.com'; 'andy@mbl-arch.com'; 'hharris@lindsey.com'; 'matthew@allarch.com'; 'mayor@ci.fayetteville.ar.us' Subject: Request to Deny Home Child Care at 124 E. 26th Circle - CUP 07-2560: (BOHOT,679) I am writing to request denial for the Request for a Conditional Use Permit for Home Child Care petitioned by Wilma Bohot at 124 E. 26th Circle. My husband and I live at 2702 South College Drive and have enjoyed living here for many reasons; one of them being that this is a very quiet neighborhood. We believe that this could open many opportunities for others to open a Day Care or other type of business in this neighborhood. Although I did sign the petition saying I did not object to the Child Care Center when Ms. Bohot came to our door, I am now requesting that my name be removed from that petition. After I had time to think this through, I realized that I should not have signed this because I wouldn't like it if someone on our street decided to do the same thing. I apologize for any inconvenience this may have caused. Jan Gambill - FW: Request to Deny. Home Child Care at 124 E. 26th Circle - CUP 07-2560: BOHOT,679 Pa e 2 We love children but do not believe a Home Child Care or other type of business would be a good thing for this neighborhood. Thank you for your consideration. Respectfully, Tom and Connie Dorre 2702 South College Drive Fayetteville, AR 72701 479-521-3990 other residents in the position of having to incur the expense of legal fees. • We particularly feel for Ms. Bohot's close neighbors on 26th Circle; many of these closest neighbors are elderly and all of them relied on the residential zoning and restrictive covenants to protect the peace of their neighborhoods and value of their properties. As it is they who will bear the brunt of this activity, clearly their views should carry the most weight. In order to operate this business, we are advised that "Angel's Blessings" will be open from 8:30 a.m. until 5:30 p.m. during which time customers may come and go and the property must be open for inspection by the department that issues the license. Clearly this business is commercial activity at a level inappropriate for the neighborhood. This is the second time this application has come before the Commission and we again ask that it be denied. Thank you for considering our position. Sincerely, Rita Hempen From: brenda stovall <bebebrenda@sbcglobal.net> To:<jgambill@ci.fayetteville.ar.us> Date: 5/29/2007 2:01 pm Subject: Wilma Bohot Petition Please remove the names of Brenda Stovall and Doug Stovall from the petition submitted by Wilma Bohol. We do not agree with this petition. Thanks. Brenda Stovall Jan Gambill - Hilltop Childcare 1 From: <Dnjlyall@aol.com> To: <jgambill@CI.Fayetteville.AR.US> Date: 5129/2007 1:52 pm Subject: Hilltop Childcare Hope this goes thru. Please remove my name from the petition for daycare in the home of Wilma Bohor at 124 26th circle. Thank you. JoAnn Lyall 9929th Ct, Fayetteville, Ar 72701 """"""""""""""""""" See what's free at http://www.aol.com. MMM MITCHELL 37 E. 29th Circle Fayetteville AR 72701 June 13, 2007 City of Fayetteville Representatives: Mayor — Alderwomen — Planning Department — Planning Commissioners Fayetteville Administration Building Fayetteville AR 72701 Re: BOHOT — Conditional Use Permit for Day Care Honorable Representatives: On behalf of all residents in opposition to the above -referenced Conditional Use Permit for Day Care, we respectfully submit, for consideration to deny, a composite mind -set of the majority of our neighborhood. In the short time we had to compile this information, we did our best to obtain as much information as possible: some neighbors we never found at home. However, the "X" next to name/address indicates signature on petition(s) opposed to any commercialism in our residential community. We do hereby entreat you to consider last year's unanimous denial, and once again render a just decree in behalf of the majority. 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According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. % t,��1 h RI •i,. P r _lam • nz1nnw� nuia En- - - - 'I v VCR .4, PETITION To the Fayetteville Planning Commission: Wilma Robot of 124 East 26`s Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. Ir 1 Ilwe Us IIII L�I�I`'Y PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26th Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. NAME ADDRESS DATE ,cam- 1 7 5 lJA c- ��d if & 2j / S^ ��' 7 PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26'1 Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. sai141r1 PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26" Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be. a burden to her immediate neighbors. We request that you again deny this application. PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26u Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. a 4- - ill - l5 PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 2C Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds --and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26n Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds --and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. I mill 1 I ' aaaYr WISE F&4? . ' ' SIr II Srawww _SIfiis .1 &aatcPa I 1(p PETITION. To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26th Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for• 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ma. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. r_________ -1- flfr� PEEit • /A t 44 4ia 16 PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26aa Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. NAME ADDRESS DATE E D & — 200 '/ ic,ya-j2ao-_tY "'- 29-Igsft' o ;$h v q 5 Collegea, 4- '-t z.o -"-1-2007 2 S� S, _Le PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26th Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day -can services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. /_ .,NU . ....l .. I!' • /..Jran ., , �, 1 U - flr fl ,�L_ - _/I ems■ ■ /6 PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26's Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. 1 -IMI TJ ��•� _�r •• I���-t l'J't��ii •� �. \.�' / rte. / I .11L. �• I// i 'IV• ,,P I I I 'n �K miff .�. ,.... . �• - . /z PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26'k Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which win be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. iwtnuansau I PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26th Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. p. M' Wfl raina -a ■ /O PETITION To the Fayetteville Planning Commission: Wilma Bohot of 124 East 26'k Circle, Fayetteville, AR has applied to the City for a conditional use permit. According to the information supplied by Ms. Bohott, it is her intention, if the permit is granted, to operate from her home the business to be known as Angel's Blessings which will be licensed to provide day-care services for 10 children —from toddlers to age six year olds —and be open for business from 6:30 a.m. to 5:30 p.m., Mondays through Fridays. The undersigned residents of the residential neighborhood where Ms. Bohott lives believe that this business would be commercial activity at a level inappropriate for our residential neighborhood and that the traffic and noise generated would be a burden to her immediate neighbors. We request that you again deny this application. ■ PLANNING COMMISSION MINUTES APRIL 24, 2006 Planning Commission April 24, 2006 Page 74 CUP 06-2019: Conditional Use Permit (BOHOT, 679): Submitted by WILMA BOHOT for property located at 124 E 26Tn CIRCLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.38 acres. The request is for a daycare in the RSF-4 Zoning District. Anthes: Could we have the staff report, please? Fulcher: The subject property is located at 124 E 26`h Circle, in Country Club Estates subdivision which is located just west of School Avenue. The property is zoned RSF-4 and contains an existing single family home within the subdivision. The best view we have of this site is on page 12 of 36. It should have the subject property marked out. The applicant is proposing a conditional use permit for a home child care facility in the RSF-4 zoning district which is limited to a maximum of ten children. There will be two employees servicing this home child care facility. It will be located in approximately 2400 square foot single family home which 400 square feet will be required and devoted for child care use. A section in the back will be fenced off for the use as an outdoor play area which is required by ordinance in the amount of 800 square feet which permits 10 children at one time. The proposed hours of operation are from 7am- 5:30pm. Staff has received considerable public comment on this item regarding traffic, noise, compatibility, safety concerns with the children, and past problems with an illegal child care facility that was operating in another structure in this subdivision. They have stated concerns that the covenants of the subdivision restrict commercial activities within the units, although the City of Fayetteville does not regulate or enforce these private covenants. Staff has reviewed home child-care facilities in the past within residential neighborhoods and have always found that these provide a good service for neighbors and others in the area that require day care for their children. We've also found that based on the location the subdivision is serviced by one ingress and egress which services the entirety of the subdivision and the golf course located at the country club estates. The increase in traffic from a maximum of 10 children would not compound or create a dangerous traffic situation and would be of minimal impact to existing traffic on that street. With that and the other findings that we've made in the staff report, we are recommending approval of this site with five conditions of approval. Condition number one and number two refer to issues of certificates of zoning compliance, meaning that prior to them being built all child-care facilities receive their zoning compliance and they shall provide staff with a license from the Department of Health and Human Services stating that they have been approved through their program and that the fence which I believe has not been constructed at this time will be constructed to provide an outdoor place for the ten children. Also, condition number four refers to having no signage or advertising Planning Commission April 24, 2006 Page 75 material on the subject property. If you have any further questions, please ask. Anthes: Mr. Fulcher, before you sit down, in anticipation of what we've received in letter and public comment, has staff been able to verify the claim of the police activity that has been on this site in the past week? Fulcher: Yes, I did speak with a corporal in the Police Department and previous items the commission has requested information from the police department. I simply requested the same information which is a police log. It's just calls that they have received for a given address. We did confirm that there had been calls to that address in the past. I also called back when I heard about some more recent activity there. They said there had been a call in the last week or two and those were just stating that there had been calls there but nothing substantial or further than that. Anthes: Thank you, Mr. Fulcher. Would any member of the public like to address this conditional use permit 06-2019 for Bohot. Please come forward, state your name, and if you could sign if there's still paper there. We'll get you a new one. Mitchell: Marie Mitchell. My husband and I reside at 37 East 29`h Circle. We are co- chairs of our neighborhood watch number 25. Many of our residents have already left due to age or health. Some couldn't come due to health because we have a lot of retired people a lot of middle-aged and of course we do have many elderly. Some of these elderly they are here the immediate neighbors. If I may, I'd like to give this information to Jeremy which will expand on your question that you just asked. All of the neighbors that contacted me via email or telephone were in opposition to this. It's definitely not anything personal. There's nothing personal about this. Just as Fayetteville is great at recycling, we recycle very well on the hilltop. We recycle grandchildren, they come and they go. So it's not a matter of disliking children. It's not a matter of disliking this woman. All it is, is we simply do not want any commercial activity in our residences. We are residential. We all purchased or built our homes for the sole purpose that there were not that many children in the neighborhood and it was a quiet place for middle-aged, you could grow old, you could enjoy the country club. Many of us are members up there. It's just as simple as we do not want commercial activity in our residential area. As I said, there are neighbors here that are immediately effected that did indeed receive the certified letters. Anthes: Thank you, Mrs. Mitchell. Planning Commission April24, 2006 Page 76 Cooper: I'm Robert Cooper. My wife and I live at 2957 South College Drive. I'm here with the somewhat unique perspective that until six months ago my wife and I lived next door to a day-care very similar to this for almost ten years. I'm here to tell you, I've read Mr. Fulcher's report, and I'm here to tell you that the decision about whether a day-care should be up on the hill or not is not a matter of whether there are three parking spaces or four parking spaces or whether the sewer is properly hooked up or whether she uses the right sized trash cans. That's the kind of bureaucratic listing that Mr. Fulcher had to go by. I can tell you that the traffic situation is not so much at an appreciable volume. The problem is that there is a rush in the morning and there is a rush in the afternoon when people are bringing their children and are picking up their children. Mr. Fulcher says that this is compatible with our neighborhood. As Marie has said, we are primarily a retiree area. We also only have one way in and one way out. There is only one street into our area. The traffic must come in and out that street. We're not convenient to anybody. We're not on the way from point A to point B for anybody to drop their kids off. If they're going to come to drop their kids off, they have to make a special trip to our neighborhood. Mr. Fulcher also says that a day-care would serve the needs of the neighborhood. I can tell you after living next to a day-care in that neighborhood for ten years, not a single customer of that day-care was from our neighborhood. They were from all over Fayetteville, but they were not from our neighborhood. The idea of this day-care serving our neighborhood is not correct. I would ask that you not approve this request. Thank you. Anthes: Thank you, Mr. Cooper. Harvey: Hi, my name is Steve Harvey, and I happen to be in the unfortunate position in living at the first house going into the subdivision. I see every car that comes in here, whether they're going to the residences, or to the country club. I also happen to be one house down from the proposed day- care would be. I really am afraid of the noise, the traffic. It's difficult to get in and out of our driveway because of landscaping. Secondly, let me reiterate what was said. When we bought that house up there twelve years ago, we were handed a set of covenants, plans that dictated no commercial use in that neighborhood ever. Thank you. Anthes: Thank you, Mr. Harvey. Pope: Good evening. Jerry Pope. I also live on the hilltop. Let me take a second here. I certainly agree with my predecessors. There are a couple of things that I would like to add. One is that Mr. Fulcher's recommendation stated that this use would be compatible with the neighborhood. I certainly can't agree. It also states that the hours of operation are between lam and Planning Commission April 24, 2006 Page 77 5:30pm. It doesn't say that it's five days a week. That's seven days a week. Imagine yourself in your neighborhood, I buy the house next door to you, I open a child-care center, and on Sunday afternoon you intend to have a family barbeque. Mr. Cooper can tell you that when he does that the kids are out there throwing stuff over the fence and yelling and screaming. Who wants to live next door to that? We all bought houses in single family residential neighborhoods because they are zoned single family residential neighborhoods. If we wanted to live in a commercial district we would live someplace else. I think you are in that exact situation and I don't think any of you would want it next to you and we don't want it next door to us. Please consider what we're saying. Please let's not commercialize a very quiet and very good neighborhood that is very well kept. Thank you. Anthes: Thank you, Mr. Pope. Hutchings: My name is Ada Hutchings. My property is directly across from the proposed day-care. I oppose this because at another time about eight kids I go from teaching, I love kids, I have all my life. I bought this property and built a home on it, my retirement because it was a nice quiet neighborhood with mostly retired people. I just don't think that it's a place for a day- care. That's all. Thank you. Anthes: Thank you Smith: My name is Joyce Smith and I live at 160 East 24`h Street and my property adjoins this other property. I bought an old house up there, the first on the top of the hill, about four years and I totally redid it. So, I've got my life's savings tied into it. I feel that if we give in to this we will be setting a precedent to give in to some things later on. I would appreciate it, and I think you all received a letter from me today, I haven't changed my position one bit, but I would appreciate it if you would deny it. I haven't changed my position one bit. I would appreciate it if you would deny it. Thanks. Anthes: Thank you, Ms Smith. Could we just see a show of hands about how many people are here to oppose this item? Thank you. We understand. It's been a long night for all of us. Would any other member of the public like to address this conditional use? Seeing none, I will close the floor to public comment. Does the applicant have a presentation? Would you please come forward? Bohot: I am Wilma Bohot and I live at 124 East 26`h Circle in Fayetteville, Arkansas. I am not here to bring down the value of any of my neighbors property. I, too, own property there. I plan to have a day-care with ten Planning Commission April 24, 2006 Page 78 children, three to five years old, which I plan to keep the children Monday through Friday 7-5:30, depending on people's hours. I don't plan to stay open later than 5:30. I do not plan on opening on the weekends at all. I do not plan to have my kids outside in the front yard which would face most of my neighbors. I plan to have them on the backyard supervised. I work with kids every day. I work with 20-25 kids every day. I'm a substitute teacher. I know how to structure kids. I have no problem controlling my 20-25 kids in a classroom. I don't think 3-5 year -olds are going to be very hard to control in my living room. As far as traffic goes, ten cars coming in and out from 7:00-5:30, like someone mentioned we have the Fayetteville country club up there where people fly by. I have three kids, my oldest is eighteen, my other two are thirteen and eleven. I supervise them and warn them always to be very careful of that road. It's very busy. If I felt a concern that too much traffic or there might be a child hurt, I would definitely not even consider a day-care. I close, and I hope that you will award me my thing. On another thing, I am not retired. I have to try to make a living to provide for my family. I understand where they're coming from. I hope that we are not just because we're a certain age we think that we can't have children any more. I felt that way for a while. I love kids more than anything. They are your future, and they spark up my life every time I look at one. Thank you. Anthes: Thank you, Ms Bohot. Pardon me, we have closed the floor to public comment. Thank you. Commissioners? Pate: Madame Chair. Anthes: Mr. Pate. Pate: For the record, I was asked by Alderman Robert Reynolds and Brenda Thiel that for the record they are not supportive of this conditional use request. That's the ward that they represent. Anthes: I believe that they sent an email to all of us. Clark: Madame Chair. Anthes: Commissioner Clark. Clark: I have a question for staff or whoever wants to answer it. On page two of my packet, it says that adequate area requires 250 square feet per child. Does that mean that they have to have 2500 square feet in the living room? Fulcher: That's referring to lot area. Planning Commission April 24, 2006 Page 79 Clark: Just overall lot, okay. In terms of the backyard play area, how much of the backyard space is actually playground? I drove up there this weekend and just drove by. There are a couple of buildings in the backyard and it would seem to diminish the amount of playroom the kids would have. Did you calculate the square footage? Fulcher: They are required to have 800? Clark: Can they get that with the deck and the buildings and all that stuff? Fulcher: I would assume 800 square feet in the backyard, it's fairly large looking at the property. Of course that is one of our requirements for conditions of approval to have a fence constructed around there, an 800 square foot area for a play space prior to a certificate of zoning compliance. Pate: Let me just add that the state also has a requirement and we'll inspect that as well before issuance of their permit. Clark: Okay, so far no permit has been issued? Pate: An applicant cannot apply for a child-care permit unless the city in which they are located has already approved. Clark: They have to do this first? Pate: Right. Exactly. Clark: Okay. Ostner: Madame Chair. Anthes: Commissioner Ostner. Ostner: Madame Chair, a follow-up for staff. The way that it sounds to me is that regardless of whether they have 800 square feet free and clear if we pass this and they don't then they are not in compliance. So we really don't have to find that out tonight, okay, thank you. Anthes: Commissioners. Clark: Madame Chair. Anthes: Commissioner Clark. Planning Commission April 24, 2006 Page 80 Clark: Like I said, I drove by and I don't think this an ample place for day-care. I'm sorry. I think that day-care is needed. There's a lot of commercial space in commercial areas that are properly zoned. I think there's a lot of places where this can happen. I'm concerned about one of the issues I've heard neighbors refer to. Traffic, getting out of that corner is just not healthy. You're right. People drive really quick by the country club and that's a whole other issue. There was just a child that was backed over in a driveway in I think it was Farmington a couple of weeks ago at a day-care in a similar situation. That concerns me. There are places I think this is needed, and I truly applaud the applicant's wanting to work with children. It's certainly a skill I don't possess for three to five -year -olds. More power to you. It's needed. I have employees who need child day-care. I just don't think that this is an adequate space so I will be voting against this conditional use. Anthes: I have a question of the city attorney. Would you or Mr. Pate please state, there was an issue about the covenants, and I would just like you to state for the record and for the people who are in attendance tonight about this board's ability to look at protective covenants. Whitaker: I'm certain it's of concern to the folks who have moved in there and have created a certain expectation on their behalf but the city does not enforce the restricted covenants. Those are private agreements between property owners. The property association or the home owners association are the proper way to exercise one's rights under a restrictive covenants is to go to court in a private action against her. Anthes: Thank you, Mr. Whitaker, and while you are at the microphone, I don't know that in three years on this commission I've seen a police report maybe once or twice before and I don't know what our charge is when we are handed a sheet like this, how if at all we can consider it or how that plays into what we're looking at. I'm specifically saying it since this is a conditional use. Whitaker: I think it's not improper to consider such, but I think it goes more to the weight that you should apply to this document. I looked at a copy and it appears to be a printout of a log and doesn't really go into a whole lot. It just registers calls which could have been made by anyone about anything and certainly doesn't indicate that there was any action taken or charges filed or any arrests made. I think the... Audience speaking Anthes: Please, please, please... Planning Commission April 24, 2006 Page 81 Whitaker: I think the weight of the evidence is something you should consider if you want to consider that document. From my viewing of it, it simply is inconclusive. It shows that there were calls made. It's a printout of a log sheet, no more, no less. Anthes: Thank you, Mr. Whitaker. I have one more question of Mr. Pate or Mr. Fulcher. This subdivision obviously was planned a long time ago, before we had the policies we have now with connectivity and so forth, and there has been a lot of discussion about the traffic condition and the fact that there is one way in and one way out of this neighborhood and I'm pretty sure it's on pretty steep terrain. Do you know how many houses are built there and how many undeveloped parcels there are so that we understand the magnitude of the traffic and how this might affect it? Fulcher: I counted approximately 150 residences. There are some unbuilt lots. There is one right next door that has not been built to the west of this property. I've seen a few more, so approximately 150. Pate: After that, there are also subdivisions approved in the recent past, in the last five years, that actually add on to this particular development. You're right it was developed before the policies of connectivity. The challenge with this, however, is much like Lover's Lane on Mt. Seqouyah. It's hard to find another way down. The street has been improved by the city. It's a relatively wide street, thirty-one feet I believe, up to the intersection of this particular street, which I believe is twenty-six. After that it decreases. A typical 28 foot wide street will handle between 3,000-5,000 cars per day. One hundred and fifty homes generates about 1500 trips per day. Keep in mind there is also a country club which generates traffic. People come to that country club and golf course from other portions of the city, as well. As Jesse mentioned, there are undeveloped parts in this area, as well. Audience member says "If I may..." Anthes: I'm sorry the public comment section is closed. Thank you. Are there further comments or discussion? Harris: Madame Chair. Anthes: Commissioner Harris. Hams: I'm not thrilled about the apparent lack of specificity on the document we were handed, but I'm also willing to take Mr. Whitaker's advice and let it weight to some degree. I also would like to echo what has been said by Commissioner Clark about I too have visited the site this weekend and I Planning Commission April24, 2006 Page 82 would have a hard time approving this based on the site alone without having to weigh this vague document. Anthes: Thank you. Graves: Madame Chair. Anthes: Commissioner Graves. Graves: I would have to agree with the comments by Commissioner Clark and Commissioner Harris that the particular site involved causes some concern to me as far as traffic and safety, as far as pulling in there and dropping off children and then pulling in to pick up children and the number of additional vehicle trips is not probably percentage wise a big concern and I understand that is what staff looks at. As far as the location and children being dropped off there, is of concern. I also have concerns about compatibility given the makeup of the neighborhood. There's no question that these cars coming in and out dropping off children could cause safety issues. That many children will create some additional noise for those particular residents in that area. As far as the police calls, I would have a concern whether or not they were resolved or whatever of the calls are, the fact that the police are being called to that residence for whatever reason and the fact that there would be children involved to that alone would be of concern to me as well. I, just in light of all that, I wouldn't be in support of the conditional use here. Clark: Madame Chair. Anthes: Commissioner Clark. Clark: It sounds like if your neighborhood watch had reported people driving in your neighborhood this weekend, it was us. We all went at a different time. I'm glad that other commissioners went and saw what I did and they concur. I move that we deny conditional use 06-2019. Trumbo: Second. Anthes: A motion by Commissioner Clark and a second by Commissioner Trumbo. Is there further discussion? Suzanne, will you call the roll? Roll Call: The motion to deny CUP 06-2019 carries with a vote of 9-0-0. PLANNING COMMISSION MINUTES JUNE 25, 2007 Planning Commission June 25, 2007 Page 5 of 21 Old Business: CUP 07-2560: Conditional Use Permit (BOHOT, 679): Submitted by WILMA BOHOT for property located at 124 E. 26TH CIRCLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.38 acres. The request is for an in -home occupation, daycare, in the RSF-4 Zoning District. Jesse Fuicher, Current Planner, gave the staff report. Fulcher gave a brief history of the proposed request, discussing the property, conditions of approval and public comments. Finding the proposed in -home daycare fits into the community, is a compatible and complementary use, and will not change the appearance of the single family home, staff recommended approval, with conditions as listed. Commissioner Anthes asked Kit Williams, City Attorney, about the role of the City and restrictive covenants within neighborhoods. Williams stated that the City is not a party to and does not enforce restrictive covenants. They are between property owners. Bob Cooper (citizen), 2957 S. College Drive, spoke in opposition to the proposal. He stated he had for 10 years lived next to an unlicensed day care in the neighborhood. Cooper described a typical day, which consisted of a flurry of activity in the morning and evening from parents dropping off children. No one regulates or enforces these facilities, who is to say there won't be 12, 15, 20 children? What happens when someone wants to do a car repair or car sales from their home? This is opening a door we don't want to open. Marvin Mitchell (citizen) E. 29`h Street, stated he bought the lot in the neighborhood, built the house, and can't believe the covenants can't be enforced. Kris Jacobs (citizen), state that he has a neighbor who brings in trucks, trailers, and other equipment. Gary Pope (citizen) spoke in opposition to the proposal and stated he would like to open a beauty shop in the neighborhood, if this goes through. Homes are not suited to have 10 children, and it will deteriorate over time. This will degrade the neighborhood and property values. Properties on School Drive are zoned and suited for businesses, go down there. Commissioner Anthes requested staff to describe the conditional use process and what is allowed. Jeremy Pate, Director of Current Planning, described the conditional use permit process, what is allowed and not allowed in RSF-4 zoning districts, and that not all commercial uses are permitted by conditional use in residential districts. Planning Commission June 25, 2007 Page 6 of 21 Clyde Villinski (citizen) spoke in opposition to the project, stating last year the same group opposed the proposal, their position hasn't changed and he hopes the Commissioners' positions haven't changed. John Hogel (citizen) spoke in opposition to the request, and lives two houses to the west. He retired from Indiana 20 years ago here. It is unfair to take advantage of the neighborhood for a business. Ada Hutchins (citizen) spoke in opposition to the request, and lives directly across the street from the Bohot residence. They retired here because of the surroundings — one way in, one way out, and no commercial activity. This proposal will increase parking and turning around in front of her house. She also stated she did not want to hear the children playing in front of the house. Lois Smith (citizen) stated she lived next door to the applicant. She has spent time and energy to improve her house. She is very opposed to the request, and stated there would be more traffic on the street. The area is quiet, only residential and a daycare will destroy what she has built up. Dick Arnold (citizen) stated this would be a great place for a part-time veterinary clinic. If the daycare is approved, he will be applying for one. Commissioner Anthes described again what is permissible by conditional use and what is not, and asked the audience to please refrain from those types of comments. Laney Higgins (citizen) stated she lives next door and is an elderly widow. 400 members of the golf club currently access this hill, and traffic is a steady stream. People are bringing their children to play golf and go swimming, which creates havoc. Helen Kirby (citizen) spoke in opposition to the project, stating there were 150 homes in the neighborhood, and that 12 or fewer have pre-school age children. The proposed facility would not serve the area. Dave Harvie (citizen 125 E. 26`x' Circle, stated he was one of the three property owners that would be most impacted by traffic, and spoke in opposition to the proposal. Casey Haudl (citizen) stated she owned and operated a daycare facility in Rogers. In -home daycare is not considered a commercial use. The State allows one person for 10 children with no help. It also requires a secure area for children, and this has been fenced by Ms. Bohot. Haudl stated she has been to the Bohot residence, and the accommodations are quite adequate. She stated that she is usually busy, and may have three cars at one time at her facility, which has 10 children. Others in the area have family events, yard sales and other events, and it is not fair for someone not to be able to provide this service. She asked the Commission to take into consideration what the applicant has done. Commissioner Anthes reminded the audience that their comments were respected and they need to respect others. Planning Commission June 25, 2007 Page 7 of 21 Norma Wright (citizen) 1158 Farmer's Street, spoke in favor of the project, and stated she lives close to the area and sees no reason for children not to be kept here. Further, a licensed day care does require checkups. Michael Hensen (citizen) spoke in favor of the request, and stated he owns an Air Conditioning business in the area, and what he does is commercial work. A daycare is not commercial. As long as the zoning is in place and the applicant follows all city ordinances, it should be okay. Hensen stated he respected the objections that had been raised, and hopes the Planning Commission does. Traffic congestion should not be an issue, because there are other ways to get to the property through other streets in the neighborhood and the request should not be denied. Commissioner Anthes reminded the audience to remain quiet. Jerry Clone (citizen) spoke in favor of the request, and stated she was a mother of six kids. Ms. Bohot has a three car garage and plenty of room for parking. Marie Mitchell (citizen) clarified that 27`h and 28`h are cul-de-sac drives and one can not go through on these streets. Commissioner Anthes closed public comment and asked for the applicant presentation. Wilma Bohot (applicant) discussed the access to her property. She feels the use should be allowed. She has received letters from the State that she meets State requirements, and meets City requirements. Her house is 2400 square feet, with plenty of room for the children. Inspectors do check in with the facility for children. Children are pleasant, and she hoped she would not get to a point that she would not want to hear children playing. Bohot stated they can not think of any legitimate reasons to deny the request. The covenants that were discussed previously expired 20 years after 1969, when they were established. She described the layout of her house and yard, and that the children would be in the den, in the back of the home, and in the back yard, as required by State laws. She stated she wants to offer a quality in -home daycare facility. Commissioner Anthes requested staff to review enforcement of a Conditional Use Permit. Pate described the conditional use permit process, how complaints are received, and how it can be revisited or revoked by the Planning Commission upon review of conditions not being met. Commissioner Graves stated the request was unanimously denied last year by the Planning Commission. He stated the concern was not traffic, for there is a country club that exists in the neighborhood, which is a commercial venture. No evidence has been submitted to support the anecdotal evidence about declining property values from an in -home daycare. Concerns one year ago had to do with public safety, based on some information presented from Police Dept. records that indicated substantial activity at the house. Daycare centers, in his opinion, should be located in neighborhoods, and not in commercial areas. Planning Commission June 25, 2007 Page 8 of 21 Bohot stated that much of the concern previously was because of calls she had made to have the Police Dept. there. Her eldest son lived at the house at the time, and when she requested his friends leave and they would not, she called the Police regarding trespassing. Nothing is on her record, however, she stated; she has worked for public schools for three years, which checks her background and if there was something on her record, she would not be employed there. Her eldest son has moved away, and for the record, does not have anything on his record either. Pate described the police reports received the year previous, which were essentially call logs. He stated that the same logs were received this year, with the same information and anything updated. To his memory, only one call had been added to the log this year. Commissioner Graves stated that perhaps this concern, then, has been addressed, with the eldest son moving away. He stated to the applicant that ifapproved, people would undoubtedly be watching closely to see if the conditions were followed. Commissioner Trumbo asked if any children in the neighborhood were planning to use the facility. Bohot stated that the neighbor directly across the street had stated they would perhaps use the facility. No others had committed. Commissioner Graves asked if there was anything magic about the ten children maximum. Pate stated that was simply what was requested, and what is allowed by Code. Bohot stated the ten maximum is also permitted by the State. Commissioner Trumbo stated he was struggling with only one issue, the general compatibility; what the neighbor's comments are and how they apply, how they feel this is compatible. Bohot stated she will not be influencing most of the people that spoke objecting, because she is the third house in the neighborhood. Commissioner Ostner stated that he feels the Commission must look at compatibility and fairness. He lived in a neighborhood that had an in -home daycare, and didn't see a great impact. Perhaps it will be a lot less than what people think. He feels his job is to balance the compatibility issue. At this time, Ostner stated he is leaning for voting for the issue. Commissioner Lack stated that he has also struggled with this, in that daycares in homes in neighborhoods are appropriate. There is a reason, however, that it requires a conditional use permit, and that comes down to compatibility with the neighborhood. Most in -home daycares can, in general, be characterized similarly, without much variance. The variable is the neighborhood. Each neighborhood is different. More or less compatibility is based on the neighborhood, or his perception of that neighborhood. Lack stated he sees this as more of a retirement neighborhood, and the facility Planning Commission June 25, 2007 Page 9 of 21 would not be serving a community function as much as in other neighborhoods. Commissioner Bryant stated she had some questions for the applicant. Could you (applicant) speak to the noise level of the facility, and any guidelines for indoor versus outdoor behavior? Bohot stated ten children do not produce a noise level that is that great. The fence, house, sheds and vacant field behind the house all decrease the impact of any noise. Additionally, the school bus runs three times in the morning and afternoon up to the hill. Commissioner Anthes reminded the applicant to please just answer the posed questions. Bohot stated thirty minutes to one hour out of doors is required, depending upon the weather. Commissioner Bryant questioned if the cats that were in the shed would be a factor. Bohot explained that the cats stayed in the shed for shelter. Commissioner Ostner asked the applicant if she would consider eight children maximum. Bohot answered she would rather have ten, but would try eight to give it a chance. Commissioner Ostner stated this would be a 20% reduction in children, cars, noise. Motion to Amend: Commissioner Ostner made a motion to amend condition of approval #3 to limit the maximum number of children to eight, instead often. Commissioner Graves seconded the motion. Upon roll call, the motion passed 6-2-0, with Trumbo and Anthes voting no. Commissioner Anthes asked about the hours of operation. Pate stated that conditional use requests for home occupations specifically refer to hours of operation, but this one does not. Williams stated that home occupations would typically require hours of operation from 7:30am to 5:30pm. Pate confirmed this was a conditional use permit for a Home Childcare facility (Use Unit #4), but that staff would not at all be adverse to adding conditions of approval for hours of operation. Commissioner Graves stated that it seems 7:30 am would be very tough for parents to get there to drop off children and still make it to work, and 7:00 am would be more appropriate. Motion to Amend: Planning Commission June 25, 2007 Page 10 of 21 Commissioner Graves made a motion to add a condition of approval stating: The hours of operation shall be limited from 7:00 AM to 5:30 PM, Monday through Friday. Commissioner Ostner seconded the motion. Commissioner Cabe asked if the motion could be amended to allow for a 6:00 PM close, for the same reasons. Both the motioner and seconder to the motion agreed to the friendly amendment to allow hours of operation from 7:00 AM to 6:00 PM, Monday through Friday. Upon roll call, the motion passed 8-0-0. Commissioner Trumbo stated that the house is set up properly, everything seems to be in order, except compatibility, in his opinion. Trumbo stated that with so many residents opposed, it is hard to find in favor of compatibility. It sounds like most kids will be coming from other parts of the City to this neighborhood, and it doesn't seem compatible. Commissioner Ostner stated he could say almost the same things, and he is hoping that the neighborhood doesn't feel like he is ignoring them in his comments. Neighbors protesting from audience interrupted Ostner. Commissioner Anthes asked the audience to again please refrain from remarks and respect other's comments, or please leave the chambers. Motion to deny: Commissioner Trumbo made a motion to deny the request. The motion failed for lack of a second. Motion to approve as amended: Commissioner Ostner made a motion to approve the request, as amended, with all conditions of approval. Commissioner Cabe seconded the motion. Commissioner Anthes asked staff if any comments were received from the Aldermen this year. Fulcher replied none had been received. Upon roll call, the motion passed 5-3-0, with Commissioners Bryant, Graves and Trumbo voting no. Dear, City Council Members I Whole heartily Ask you deny this appeal. As we know there is a growing demand for this service in our area. Here is a summarized group of professionals who have observed my area with several written letters stating the safety of my home and verifying that I met all city (that are higher then the state's) requirements. Sue Butler - Fire Department Inspection Tanya Sandage - Child Care Licensing Specialist Ann Dalton - Child Care Licensing Specialist Casey Howell - Licensed In —Home Day Care Director and Provider Kit Williams - City Attorney Most of the Planning Board Commissars Enclosed are several pictures to show adequate parking, indoor play area, Christian learning center, secured fenced yard for outdoor activities. I have a list of character reference letter: Bob Fant - First Assembly of God Pastor Bob Johnson - Principle of Elmdale Elementary Parents - of several children that I have cared for and several other acquaintance letters. In Closing I would like to invite and encourage each and every one to observe my area to show why I would be able to operate such a safe and pleasant christion atmosphere for the needs of our children. Sincerely Wilma Bohot Mayor, Dan Coody, Alderman, Brenda Thiel Alderman, Adella Gray Fayetteville Planning Commission Jill Anthes Audy Lack Lois Bryant Christine Myres Matthew Cabe Alan M Ostner James Graves Sean Trumbo Hilary Harris Planning Administrators Jeremy Pate Jesse Fulcher RE: Wilma Bohot, In -home daycare at 124 E 26" Circle, Fayetteville We wholeheartedly support Wilma Bohot and her desire to inn a small daycare in her home. We live DIRECTLY across the street at 123 E 26'" Circle. There would be less disturbance with a daycare run Monday -Friday I:00am-5:30pm than when my family hosts a BBQ on the weekend, or an occasional meal on a weekday evening. And similar events by me, or other neighbors, would not be disturbed by the daycare only operating Monday -Friday. Many of the residents that complained last year when Ms Bohot requested this zoning change forget they have their grandchildren to visit their house sometimes, which is great, but those children are not always in the living room or the back yard as Ms Bohot's proposal would have. In fact, we should always be careful, especially in the summer when more grandchildren visit homes not prepared for children... because the kids are in the front yard. This is fine, we need to drive carefully in our neighborhood anyway, but to say Ms Bohot's daycare is going to hamper our desire to go somewhere quickly is narrow -sited and selfish. If Ms Bohot can provide a service "up on the hill" then it could reduce the amount of traffic as hill -tip residents take their kids here if they work at home, or not increase, as parents would have to leave their homes to take their children down the hill anyway. Maybe one way Ms Bohot might help a potential traffic issue is to always have those dropping off or picking up children, pull into her driveway and not park on the street. She has a large driveway, that should be easy enough. I realize those upset about the change in zoning will be the ones most vocal. We wish we were in town for the Planning Commission to voice our support in person and I hope this letter assures you of our support. We think there are some things worth fighting, this is not one of them. I wish those upset with Ms Bohot would have been at the zoning meeting establishing the property on the south side of 24'" Street as available for 600 units. Now that, will decrease property value, not a residential daycare for 10 kids! Sincerely, John and Holly Watts Ms. Wilma Bohot's In -Home C•� From: "Casey Howell" <dolphin_discovery©cox.net> To: <city_clerk©ci.fayetteville.ar.us> Date: 7/1012007 2:27 PM Subject: Fw: Ms. Wilma Bohot's In -Home Daycare — Original Message From: Casey Howell To: city_cclerk@ci.fayetteville.ar.us Sent: Tuesday, July 10, 2007 12:18 PM Subject Ms. Wilma Bohot's In -Home Daycare To The City Council Of Fayetteville I, Casey Howell owner and operator of Dolphin Discovery Daycare in Rogers would like to voice my opinion on Ms. Bohot's Daycare. I have known Ms. Bohot for several years and I know that she is more than qualified to run and operate an in home daycare. Ms Bohot has ran my licensed daycare while I have stepped away for other business on many occasions. Ms Bohot Is a loving and caring woman ready to open her home for our children. As a licensed daycare provider I know how high the demand is for in home daycares. We need them desperately... Our children need good daycare. I went with Ms. Bohot around talking to her negative neighbors on behalf of the daycare she is planning to open. She was trying to talk with each and everyone of them but they paid her no attention. She has went out of her way to try and show the neighbors her plans. She held an open house but no one showed. Ms. Bohot has been approved by the State licensing Specialist, Food Nutritionist, Fay City Safety, CPR Certified , Back Ground Checked, and has put up a $3,000.00 privacy fence for the children's play area. Ms Bohot has a wonderful learning area in the den of her home that would be perfect for the children.. I feel Ms. Bohot, has meet all of her requirements for this simple little in home daycare. I hope and pray you will give her the opportunity to live out her dreams. Again, Please take into consideration she has meet ALL of the requirements and is an outstanding, loving and caring citizen. Please if you should have any questions call me (479)-621-8758 Sincerely Casey Howell Dolphin Discovery Daycare 1800 West Olive Rogers, AR 72756 Jim and Gwyn Wood 2766 S. College Drive Fayetteville, AR 72701 479 443-4033 awyn.woodCla sbcalobal.net Ms Sondra E. Smith P.O. Box 9211 Fayetteville, AR 72702 Re: Request for Appeal on City Planning Commission's Approval for: CUP 07-2560 (Wilma Bohot —124 E. 26th Circle) Dear Ms Smith, We respectfully request your support for a reversal of the above referenced action by the Fayetteville City Planning Commission. This is the second year that our neighborhood has united in opposition to Ms Bohot's request for rezoning to accommodate a child care center in her home. Last year the City Planning Commission voted unanimously to reject Ms Bohot's request. Our concern about the Planning Commission's decision is that in allowing a commercial business to operate in our neighborhood, it sets a precedent for other "home based" businesses to be allowed. We are a largely retired community with only twelve children living on the hill. It appears that most of Ms Bohot's clients will be traveling into and out of our neighborhood daily. With only one entrance and exit (24th Street), increased traffic could also become a concern. We appreciate your consideration of this issue. It is a very important one for us and for our neighbors. Sincerely, Jim and Gwyn Wood ADA HUTCHiNS 137 East 26'" Circle Fayetteville, AR 7270) 479-S821911 July 9, 2007 Dear Council Member , My name is Ada Hutchins. I live at 137 East 26th Circle in Fayetteville. This writing is regarding a request from Mrs. Bohot to operate a day care center out of her home at 124 East 26'" Circle. My home is directly across from the Bohot residence and we are STRONGLY OPPOSED to having a daycare in front of our home. There is no commercial activity on Our Hill. Traffic on our hill Is one way in and one way out. Cars will turn and park in front of our home. Therefore it will create extra traffic and noise. We chose to come to Fayetteville and build our retirement home in this nice quit RESIDENTIAL neighborhood. We strongly urge you to pgNYthis request for a daycare center. Please save our residential status and its tranquility. Sincerely and reesspectively Ada Hutchins American Heart Association. Learn and Live. Healthcare Provider Wilma Bohot This card certifies that the above individual has successfully completed the national cognitive and skills evaluations in accordance with the curriculum of the American Heart Association for the BLS for Healthcare Providers (CPR & AED) Program. 06 1a -200 -- Issue Date Wilma Bohot 124 E. 26th Fayetteville, ar 72703 06 2009 Recommended Renewal Date rta t Region Arkansas Community The Learning Center of Northwest Training Center --- klealtF+S.stetrt----. Training site Northwest Health Instructor Joshua Terrell Holder's , .,- N,� �. --- Signature t, U n.. fl) I 7 @Doe Am.riCan Mean Assodabon Tamperrng withhis ceO wN Motifs eppeannce. 1a 1. Peel wallet card off of s 2. Fold over and seal. RECEIVED FACILITY: LICENSE -V JUL 09 2%7 AR1:ANS:tS DEPARTMENT OF HUMAN SERVICES 1) 'IS1O HILD CARE & EARLY CHILDHOOD EDUCATION DHS-LICENSING U�Vc1v aE �1�1a1,�,,rt:,a:inn RECEIVE D \011,,,1 20o JUL 2 6 2007 AR 'Q�: (aI'LDMALTREATMENT CENTRAL REGiS 1M1Ul V l lllb l of l l l A� GUi I\11Col 1 ITII It . ll! Ill 11•ICl.11l,!III I' IJlilh ll!Ii II Vt IA I'II ,lt 11 (11 �Ilr �. r.EN'�R et ed shalnl 1 % t t nil In,n L Rr I:1dllLl Lt I(I-.0UI%l INfi L'IIIICK:\\D Fz1A;:l --- k1.11I. INCi AI)DR I':SS /J a 761' 1.'I I Y' Sl'A 1 RII' FA(:II.1 ry DIRECTOR It I FLGI'I IONI: Nl NA\II' ()I' I'IFRSOV TO RF. (.1 LI[CKI:r): J� (I ASI-N:A.AI1:) \111ULN \.\\11:. _ __.--- — [1)01.1: (___)U 1 1 W Yl I r P sl:x: ( O.\lIIIJ'Fl-I ADDRGSS: ITI PI.ACI OI' [\11i .\IINI LI Division of C'Lild ('arc and Early Childhood Fducatton Ann Dal ton. C'CLS - Was hirn_ton County DHFfs 4252 Frontage Road Favettev'illf. AR727; 47944? -1029 ILLEPHONE NUR•IDGR . D:\ IN If IIts (4IIDDLL \A\IC) A I.1.\S I: S. 111.1.11IUK(: NU\IJI:R. IA "'.'-..:...11'.Ia1.C ln- U\l .'l I. 111LI)I{ILN 1)00 SOCI>L.SECCRITI' NUIY1RFR \ hereby ❑udulri ze the :\rl.:ms:ts C CCntral L�isl to rcleuse all in iorm.tdun IL`rir liks m:n eunmin .including the I'rmaeutine \¢mne)'s report. un Ilirih.'tritl txn Mien ages y' y�a s 111 ll:rouuh I t+hu arc note m' have resided in me bona or the u:Wersh^.tee flfS t> 1 £� . u,aliJel ufTvrntants ur ulh in lornsuin❑ tthidt floe; not cIlnin o 111C ur mr children. ttl! 'tot he relen. D NEpLECT p t RD W _ ____ S ' J SIGNAII RL0P PI?RSO 11 'l ll'CKIiD C'Itl'NIYOF 1 151Q �'hlh pn__ tiS =•aY"•hw'•:: ELAINE DOWDY _ 1.t MY COMMISSION N 12346935 .1nm11ctlec le Iry Inc u0 this j)st. ' ^"� r' EXPIRES: MarchiD _•''�kAMb __—J _ Waehln on Coun K uutrs I'nh11C MYContlnissiun L\pres: I� l¢!'f.L Jo 11CCi1(1R(22.0!) 26th Circle Street June 24, 2007 after 7:00 p.m. I do not see traffic as an issue. I have as much rights as any American homeowner and tax payer as these individuals with their traffic on the street. These vehicles have been here more than an hour. While mine would only be temporary for dropping off and picking up. This would not last more than 5 minutes at a time. Lois J. Smith's House of Draperies • 744 Skelt n Street • Fayetteville, Arkansas 72701 / • ,.s -- / tee, i - r VI / ii 1t i (IT:!, TO 39Vd HIIWS SIO1 9IL6-Ebb-T09 TT:VO L00Z/0E/L0 C W 6 C) '1 -i m 0 .. A 3 m P1] ] 1> .• r x x ■ . ■ . .. r coo — ii m H ci 11 3 I 1W 0 tai a a C) m a a W cn 0 0 1 i H m H 20 r ,3 _ F co 1J coon 0 G) m m ii II (7130/2007) Sondra Smith - CUP 07-2560 (BOHOT), 679) Child Daycare petition Page 1 From: "John Hogle" <JHSAYS@earthlink.net> To: "Dan Coody" <dcoody@ci.fayetteville.ar.us> Date: 7/29/2007 1:11 PM Subject: CUP 07-2560 (BOHOT), 679) Child Daycare petition CC: "Rudy Moore, Jr." <rmoore@ci.fayetteville.ar.us>, "Sondra Smith" <ssmith... Dear Mayor Coody and Fayetteville City Council members: My wife and I retired about 1987 and moved to Fayetteville. We chose to build our residence at 108 East 26th Circle because of the well -kept houses and lawns as evidence the Owners took pride in their residential neighborhood. We also knew from the realors' copy of the Bill of Assurance, as part of the Abstract of Title for the Country Club Estates Addition, included the restriction: "All lots in Country Club Estates Addition shall be used for residential purposes only. No commercial building of any kind or type shall be erected, nor shall any commercial activity be conducted on any lot, or from any structure on any lot". Other use restrictions by the Developer, Design Homes, Inc. made it clear the addition was intended for residential use only. We believe the three main objections most of our neighbors have to the proposed child day care business is as follows: 1. The daycare business may become a nuisance to its neighbors with increased noise as well as danger to the children at the facility because of their increased numbers at one residence. 2. Increase in car traffic and parking on the narrow street 3. Decrease in neighborhood property values. 4. Possible increase of home -owners' insurance for homes near the business. 5. Become an opening for businesses of like or similar nature to be approved in the future for our neighborhood. We believe in the saying "Location, Location, Location". We believe the child care business, or other profit -making facilities should be in a commercial location and we should not provide a nice location free to a business. We respectfully request that you deny the request for a conditional permit to allow a child day care business in our neighborhood. Sincerely, John and Rose Marie Hogle (7125/2007) Amber Wood - Fayetteville Public Facilities Board Members Page 1 From: Lana Broyles To: Wood, Amber Date: 7/25/2007 3:55 PM Subject: Fayetteville Public Facilities Board Members Amber Dan has approved the Public Facilities Board's nomination of Tommy Deweese and Steve Cosby to serve as successor members of the Board. Could you please forward this to the Council for approval? Thanks Lana Lana Broyles Mayor's Office Administrator City of Fayetteville 479-575-8330 479-575-8257 (fax) C O ' (7126/2007) Amber Wood Re: Fayetteville Public Facilities Board Members Page 1 From: Amber Wood To: Broyles, Lana Date: 7/25/2007 4:10 PM Subject: Re: Fayetteville Public Facilities Board Members We will place this on the August 7, 2007 City Council Agenda. Thanks for your help! Have a great afternoon! Amber Wood, CMC Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awood@ci.fayetteville.ar.us >>> Lana Broyles 7/25/2007 3:55 PM >>> Amber Dan has approved the Public Facilities Board's nomination of Tommy Deweese and Steve Cosby to serve as successor members of the Board. Could you please forward this to the Council for approval? Thanks Lana Lana Broyles Mayor's Office Administrator City of Fayetteville 479-575-8330 479-575-8257 (fax) (7/26/2007) Amber Wood - Public Facilities Board Appointment Page From: Amber Wood To: Broyles, Lana; Coody, Dan Date: 7/25/2007 3:35 PM Subject: Public Facilities Board Appointment Attachments: 4659_001. pdf Hello, Attached is a copy of the nomination submitted by the Public Facilities Board. The board rules state that the Public Facilities Board members must submit a nomination to you and you then make your recommendation to the City Council where they confirm the appointment. Please let me know if you would like this appointment to be placed to the August 7, 2007 City Council Final Agenda. Thanks for your help! Amber Wood, CMC Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awood@ci.fayettevilie.ar.us Sondra Smith - RE: Resolution to confirm Mayor's appointment of Tommy DeweeseandSteve Cosby as From: Kit Williams To: McCord, Jim; Smith, Sondra Date: 7/26/2007 2:44 PM Subject: RE: Resolution to confirm Mayor's appointment of Tommy DeweeseandSteve Cosby as successor members o Sondra, Will you put the reappointment by the Mayor of Tommy Deweese and Steve Cosby to the Fayetteville Public Facilities Board on the agenda for the City Council Meeting of August 21st? Thanks, Kit Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> "Jim McCord" <iimmccordlaw@alhel.net> 07/26107 1:48 PM>>> sill"{behavior..url(8default#ieooui) }No rush. By statute, PFB members continue to serve until successor members are appointed. Thanks. Jim From: Kit Williams fmailto:kwilliams(cbci.favetteville.ar.usl Sent: Thursday, July 26, 2007 1:45 PM To: McCord, Jim Subject: RE: Resolution to confirm Mayor's appointment of Tommy DeweeseandSteve Cosby as successor members o The Mayor will be gone for the August 7th Meeting. I assume members will serve until legally replaced. Is this an emergency or can it waft for the Mayor's return and the meeting of August 21? Kit Williams, Fayetteville City Attorney (479) 575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> "Jim McCord" <iirnmccordlawealftel. net> 07/26/07 6:33 AM >>> No, a resolution is not required by statute. I just thought you might need a resolution, because this is a confirmation of the Mayor's appointment, so I drafted one. A motion is fine with me. Thanks. Jim From: Kit Williams fmailto:kwilliamsOci.favetteville.ar.usl Sent: Wednesday, July 25, 2007 6:00 PM To: McCord, Jim Cc: Coody, Dan; Smkh,Sondra Subject Re: Resolution to confirm Mayor's appointment of Tommy Deweese andSteve Cosby as successor members of F Does this actually need to be done by resolution? Most appointments are done by motion at he start of the City Council meeting. Kit Williams, Fayetteville City Attorney (479)575-8313 FAX (479) 575-8315 113 West Mountain Fayetteville, AR 72701 >>> "Jim McCord" <iimmccordlawrrDalltel.net> 07/25/07 2:16 PM >>> Kit, Attached is a draft resolution to confirm the Mayor's appointment (if made) of Tommy Deweese and Steve Cosby as successor members of the Fayetteville Public Facilities Board. Please make any changes in the resolution which you deem necessary. I would appreciate it if the resolution could be placed on the consent agenda for the City Council meeting where this matter is considered. Thanks for your help. Jim James N. McCordAttomey at Iaw2446 St. James PlaceFayeMeville, AR 72701Telephone (479) 695 1134Facsimile (479) 521-6733 (Phone before sending)iimmccordlawealhel.net p/c 14 07) Clarice Pearman - Res 149-07&150-07 _ Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 8.14.07 5:21 PM Subject: Res. 149-07 & 150-07 Attachments: 150-07 LSD 07-2574 Liberty Bank Appeal.pdf; 149-07 Cu 07-2560 Bohot Appeal. pdf CC: Audit Jeremy: Attached are the above resolution passed by City Council, August 7, 2007 regarding the appeals brought before them. Please let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coearmanL5ci.favettevil le.ar. us X8.14.07) Clarice Pearman - Res. 149-07 Page 1' From: Clarice Pearman To: Williams, Kit Date: 8.14.07 5:24 PM Subject: Res. 149-07 Attachments: 149-07 CU 07-2560 Bohot Appeal.pdf Kit: Attached is a copy of the above resolution regarding the appeal before Council, August 7, 2007. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coearmanCRici.favetteville ar us