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Home My WebLink About149-07 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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