HomeMy WebLinkAboutOrdinance 6440113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6440
File Number: 2021-0329
AMEND §151.01 DEFINITIONS AND ENACT §164.24 REGISTERED CHILD CARE
FAMILY HOMES:
AN ORDINANCE TO AMEND §151.01 DEFINITIONS AND ENACT §164.24
REGISTERED CHILD CARE FAMILY HOMES OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO ALLOW THE OPERATION OF SMALL IN -HOME CHILD
CARE FACILITIES BY RIGHT THROUGHOUT THE CITY UNDER CERTAIN CONDITIONS
WHEREAS, the City Council adopted City Plan 2040 with objectives to create opportunities for
attainable housing; and
WHEREAS, within this goal is the objective to make housing relatively more affordable by influencing
cost of living items and many families struggle with the costs associated with childcare; and
WHEREAS, the Unified Development Code currently requires a conditional use permit for in -home
daycares for up to ten children in residential single family zoning districts; and
WHEREAS, the proposed amendments will streamline the process for approving small in -home child
care facilities and will align the City's regulations with the State of Arkansas standards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01
Definitions by enacting a new definition of Registered Child Care Family Home as follows:
"Registered Child Care Family Home (zoning) - A child care facility registered with the Arkansas
Page 1 Printed on 611121
Ordinance: 6440
File Number. 2021-0329
Department of Human Services in which five (5) or fewer children are cared for in the caregiver's own
residence."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.24
Registered Child Care Family Homes as follows:
"164.24 - Registered Child Care Family Homes
Registered Child Care Family Homes shall be allowed by -right in any zoning district in which the
following conditions are met:
(A) Minimum Lot Area. A Registered Child Care Family Home shall have a minimum lot area of 250
square feet per child.
(B) Minimum Outdoor Play Space. A Registered Child Care Family Home shall provide a minimum
outdoor play space of 75 square feet per child, calculated on the basis of the number of children
occupying the outdoor play space at one time. Outdoor play space shall be fenced and secured.
(C) Number of Children. A Registered Child Care Family Home is permitted for no more than five
(5) children.
(D) Registration with the State of Arkansas. A caregiver operating a Registered Child Care Family
Home shall ensure a current copy of his or her registration issued by the Arkansas Department of
Human Services is on file with the City of Fayetteville."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the introductory
sentence of § 163.05 Child Care; Nursery School so that it reads:
"All such establishments, other than Registered Child Care Family Homes authorized pursuant to §
164.24 of the Unified Development Code, shall be located on lots which:"
PASSED and APPROVED on 5/18/2021
Attest:
ZA
.�� �.• ROFS�•�����i
Lioneld Jo an, ayor Kara Paxton, City Clerk Treasure.. ��\���.�•:
Page 2 Prior �Q'i O'
AROt
'''�� jiiiiiiN �,%
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
j (479) 575-8323
I
Text File
File Number: 2021-0329
Agenda Date: 5/18/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.8
AMEND §151.01 DEFINITIONS AND ENACT §164.24 REGISTERED CHILD CARE FAMILY
HOMES:
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND ENACT § 164.24 REGISTERED
CHILD CARE FAMILY HOMES OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO
ALLOW THE OPERATION OF SMALL IN -HOME CHILD CARE FACILITIES BY RIGHT
THROUGHOUT THE CITY UNDER CERTAIN CONDITIONS
WHEREAS, the City Council adopted City Plan 2040 with objectives to create opportunities for attainable
housing; and
WHEREAS, within this goal is the objective to make housing relatively more affordable by influencing cost of
living items and many families struggle with the costs associated with childcare; and
WHEREAS, the Unified Development Code currently requires a conditional use permit for in -home daycares
for up to ten children in residential single family zoning districts; and
WHEREAS, the proposed amendments will streamline the process for approving small in -home child care
facilities and will align the City's regulations with the State of Arkansas standards.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by
enacting a new definition of Registered Child Care Family Home as follows:
"Registered Child Care Family Home (zoning) - A child care facility registered with the Arkansas Department
of Human Services in which five (5) or fewer children are cared for in the caregiver's own residence."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 164.24 Registered
Child Care Family Homes as follows:
"164.24 - Registered Child Care Family Homes
City of Fayetteville, Arkansas Page 1 Printed on 61112021
File Number 2021-0329
Registered Child Care Family Homes shall be allowed by -right in any zoning district in which the following
conditions are met:
(A) Minimum Lot Area. A Registered Child Care Family Home shall have a minimum lot area of 250 square
feet per child.
(B) Minimum Outdoor Play Space. A Registered Child Care Family Home shall provide a minimum outdoor
play space of 75 square feet per child, calculated on the basis of the number of children occupying the outdoor
play space at one time. Outdoor play space shall be fenced and secured.
(C) Number of Children. A Registered Child Care Family Home is permitted for no more than five (5)
children.
(D) Registration with the State of Arkansas. A caregiver operating a Registered Child Care Family Home
shall ensure a current copy of his or her registration issued by the Arkansas Department of Human Services is
on file with the City of Fayetteville."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends the introductory sentence
of § 163.05 Child Care; Nursery School so that it reads:
"All such establishments, other than Registered Child Care Family Homes authorized pursuant to § 164.24 of
the Unified Development Code, shall be located on lots which:"
City of Fayetteville, Arkansas Page 2 Printed on 61112021
City of Fayetteville Staff Review Form
2021-0329
Legistar File ID
5/18/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Mary Mcgetrick 4/27/2021 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2021-000027: Administrative CC Item (City Council UDC Amendment): Submitted by Planning
Commission, an amendment to 163.05 - Child Care; Nursery School to encourage affordable in -home childcare
as part of the recommended goals of the City of Fayetteville's 2040 Plan.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
I$ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 18 2021
TO: Mayor, Fayetteville City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Mary McGetrick, Long Range Planning Manager
DATE: April 27, 2021
SUBJECT: ADM-2021-000027: Administrative CC Item (City Council UDC Amendment):
Submitted by Planning Commission, an amendment to 163.05 - Child Care, -
Nursery School to encourage affordable in -home childcare as part of the
recommended goals of the City of Fayetteville's 2040 Plan.
RECOMMENDATION:
City Planning staff recommends approval of an ordinance to amend section of the Unified
Development Code as approved and forwarded by the Planning Commission.
BACKGROUND:
Goal Six of Fayetteville's comprehensive land use plan, City Plan 2040, is to create opportunities
for attainable housing. Within this goal is the objective to make housing relatively more affordable
by influencing cost of living items. Within Fayetteville, many families struggle with the costs
associated with childcare. While the U.S. Department of Health and Human Services defines
affordable childcare as 7% of a household income per child, within Fayetteville those costs are
inflated to approximately 26%' per child in most cases for facilities that operate legally within the
City. Regulatory requirements have had a negative impact, putting permitting obstacles between
individuals that may be considering opening an in -home facility and the resources that they need
to be successful. Notably, the City's current process that requires conditional use permit (CUP)
approval from the Planning Commission does not align with the State of Arkansas, which allows
homes with 5 or fewer children to be in a home without licensing requirements.
DISCUSSION:
The additional regulatory requirements placed by the City of Fayetteville have influenced in -home
childcare providers to operate without a permit or provide childcare at all. The NWA Child Care
Association estimates that there are between 200 and 300 facilities operating that do not have
proper permitting. Of those operating without a permit, many attempt to hide their operations,
which is an obstacle for resource providers those of the NWA Child Care Association. Resources
range widely, from continuing education for providers to childcare vouchers and access to rent or
utility assistance. The uncertainty of continued operation, the costs of CUP application processes,
and the requirement to come before the Planning Commission have increased burdens on the
potential providers, which, according to the NWA Child Care Association, has resulted in most in -
home facilities operating illegally within the City.
Care.com cost of childcare
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
A representative from the NWA Child Care Association has informed staff that these insecurities
and regulatory burdens have influenced advocates to focus on other cities in the region, such as
Springdale, Bentonville, and Rogers. This leaves a growing gap within the City of Fayetteville for
a much -needed service for additional childcare providers and parents. If a family has more than
one child, the childcare costs alone can quickly remove people from our workforce. In some cases,
this results in single family homes relying on government assistance. With more children, the
burden does not reduce per child as much as many would expect. Typically, there is only a 20%-
25% discount per child for childcare in Fayetteville. This means that in a facility that charges 25%
of a household income for childcare per child, and provides a discount per additional child, that a
home with 3 children would spend 65% of the household income for childcare alone. A 2019
investigative story by the University of Arkansas' newspaper, the Arkansas Traveler, indicated a
monthly infant daycare cost of $588 and $1,084 for and infant and toddler. This leaves a gap in
the household income where required costs for transportation, housing, and basic living expenses
would not be met.
The proposed ordinance amendment will have a positive effect for those that utilize in -home
childcare. Affordable and accessible in -home childcare options have the impact of reduced
transportation costs. Rather than driving longer distances to larger facilities, this ordinance
revision supports expanding facilities embedded into neighborhoods. Additionally, in -home
facilities have reduced overhead expenses. A reduction in overhead expenses translates to higher
individual earnings from the provider while offering rates lower than corporate facilities.
The focus of this revision is to align City ordinance with the State of Arkansas' standards. This
includes allowing five children in a home, removing the local stipulation for dedicated outdoor
space that is proportional to the number of children, and removing the burden of Conditional Use
Permit review by the Planning Commission for facilities with five or fewer children. The
amendment allows facilities to open up to additional resources like those promoted by the NWA
Child Care Association, which translates to safer facilities overall. This will assist in increasing the
stock of facilities, and invites advocates back to our community to promote safer facilities through
resource availability.
BUDGET/STAFF IMPACT:
NA
Attachments:
■ Proposed UDC Code Changes in strikethrough-highlight
■ 164.24 - Child Care; Nursery
■ Letter of Support, Tamera Rowland
NWA Family Child Care Association
Planning Commission Recommendation
151.01— Definitions
Registered Child Care Family Home (zoning) — A child care facility licensed by the Arkansas
Department of Human Services in which five (5) or fewer children are cared for in the
caregiver's own residence.
164.24 — Registered Child Care Family Homes
Registered Child Care Family Homes shall be allowed by -right in any zoning district in which the
following conditions are met:
(A) Minimum Lot Area. A Registered Child Care Family Home shall have a minimum lot area
of 250 square feet per child.
(B) Minimum Outdoor Play Space. A Registered Child Care Family Home shall provide a
minimum outdoor play space of 75 square feet per child, calculated on the basis of the
number of children occupying the outdoor play space at one time. Outdoor play space
shall be fenced and secured.
(C) Number of Children. A Registered Child Care Family Home is permitted for no more than
five (5) children.
(D) Registration with the State of Arkansas. A caregiver operating a Registered Child Care
Family Home shall ensure a current copy of his or her license issued by the Arkansas
Department of Human Services is on file with the City of Fayetteville.
Planning Commission Recommendation
151.01— Definitions
Registered Child Care Family Home (zoning) — A child care facility licensed by the Arkansas
Department of Human Services in which five (5) or fewer children are cared for in the
caregiver's own residence.
164.24 — Registered Child Care Family Homes
Registered Child Care Family Homes shall be allowed by -right in any zoning district in which the
following conditions are met:
(A) Minimum Lot Area. A Registered Child Care Family Home shall have a minimum lot area
of 250 square feet per child.
(B) Minimum Outdoor Play Space. A Registered Child Care Family Home shall provide a
minimum outdoor play space of 75 square feet per child, calculated on the basis of the
number of children occupying the outdoor play space at one time. Outdoor play space
shall be fenced and secured.
(C) Number of Children. A Registered Child Care Family Home is permitted for no more than
five (5) children.
(D) Registration with the State of Arkansas. A caregiver operating a Registered Child Care
Family Home shall ensure a current copy of his or her license issued by the Arkansas
Department of Human Services is on file with the City of Fayetteville.
02/11/2021
For the Attention of the Fayetteville Planning Commission
Dear Commissioners,
I am writing in support of ADM2021-000027. First, I would like to thank you for taking the time
to research the present condition of regulated child care in Fayetteville and consider the options to
increase the availability of affordable, quality care for children in your city. In -home child care is a
perfect solution.
I have been in Early Childhood Education for more than 25 years as a Nationally Accredited
Family Child Care Home, a Center Director of Head Start and currently the Administrator of the NWA
Family Child Care Association which sponsors the USDA Food Program (CACFP). I am passionate about
quality care for children!
In Arkansas a home is required to license through the Department of Human Services when a
provider cares for six or more children from more than one (1) family at the same time. (102.4 page 2 of
the minimum licensing requirements booklet). https://humanservices.arkansas.gov/wp-
content/uploads/2020-Child-Care-Family-Home.pdf
If a person keeps 5 or less children no regulation is required through the state, however a provider can
choose to become voluntarily registered. (103 page 7). https://humanservices.arkansas.gov/wp-
content/uploads/2020-Registered-Child-Care-Family-Home.pdf
When a provider is regulated through the state (whether it be voluntarily registered or licensed) you can
be confident of many things that keep children healthy and safe. (notations referencing the licensing
manual: https://humanservices.arkansas.gov/wp-content/uploads/2020-Child-Care-Family-Home.pdf)
1.) All residents of the home, frequent visitors and volunteers have gone through an extensive
background check including FBI, child maltreatment and the Arkansas State Police. (107 page 7)
2.) Caregivers are found to be qualified and receive training in supervision, appropriate guidance,
nutrition, child development, infant care and more. (303 page 16)
3.) The home has been inspected, is clean, in good repair and maintained in a way to protect the
health and safety of children. (800 page 29)
4.) The home is covered by Child Care Liability Insurance with a minimum of $100,000 per
occurrence. (101.8 page 2)
5.) The outside play environment is safe and free of hazards. (900 page 30)
6.) The home is meeting Arkansas Health Department General Health requirements (1100 page 36)
and receives on going guidance and directives on health issues that arise such as the current
COVID pandemic. https://humanservices.arkansas.gov/divisions-shared-services/child-care-
early-childhood-education/important-covid-related-information/
7.) In addition to practicing monthly drills for fire and tornado the home is listed with the Office of
Emergency Management and has a plan on file for natural disasters. (1200 page 41)
8.) The home is monitored by the Fayetteville Fire Marshall at least once per year, Child Care
Licensing at least 3 times per year and the CACFP (if participating) at least 3 times per year.
I'm outlining these points to reiterate the importance of regulation for child care facilities. However, the
dilemma for in home care providers in many cases, is the startup cost and process. In Fayetteville a
conditional use permit will cost a person over $100. Factor in the time and energy to accomplish the
tasks (application, identifying adjacent property owners, certified letters, planning commission meeting
and city council meeting) and most providers won't go to the trouble for less than five children.
Inadvertently, they choose to go "underground" and keep children without any one knowing. The
Fayetteville Planning Commission has an opportunity to open the door to more providers choosing
regulation because providers will be able to achieve it fairly easy for the nominal cost of a $15 license
fee, the cost of background checks and insurance.
In addition to the safer, healthier environment for children, there are so many opportunities for
the provider to become a quality home and professional. When regulated a provider has the
opportunity to participate in:
1.) Professional development through the University of Arkansas and Arkansas
State University.
2.) Higher education using the T.E.A.C.H. grant through the Arkansas Early
Childhood Association. https://arkansasearlvchildhood.org/teach/
3.) Encouragement and support to progress in quality through the Arkansas
Better Beginnings Program. https://arbetterbeginnings.com/
4.) Incentive and maintenance grants through the Department of Human
Services.
5.) Reimbursement for food costs through the CACFP.
6.) Networking and peer support through the NWA Family Child Care
Association and ECEP Family Child Care Network.
In conclusion, I want to be clear what I support. I feel that a home keeping five or less children shouldn't
be required to obtain a conditional use permit. However, I do feel a child is best served by a provider
who is regulated by the Department of Human Services Child Care Licensing. I would be glad to answer
any questions or clarify any information covered. Feel free to contact me at any time.
Thank you for your consideration,
Tamera Rowland
NWA Family Child Care Association
PO Box 1522
Fayetteville, AR 72702
479-521-7449
nwafcca@gmail.com
7:, a I , , , r
'l }
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6440
Was inserted in the Regular Edition on:
May 23, 2021
Publication Charges: $194.56
14.,E
Brittany
Subscribed and sworn to before me
This 7 -day of 1_� , 2021.
0,0� W4
Notary Public
My Commission Expires: Z IU12-q
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC —ARKANSAS
My Commission Expires 02-20-2024
Commission No, 12397118
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6440
File Number: 2021-0329
AMEND §151.01 DEFINITIONS
AND ENACT § 164.24
REGISTERED CHILD CARE
FAMILY HOMES:
AN ORDINANCE TO AMEND
§151.01 DEFINITIONS AND
ENACT §164.24 REGISTERED
CHILD CARE FAMILY HOMES
OF THE FAYETTEVILLE
UNIFIED DEVELOPMENT
CODE TO ALLOW THE
OPERATION OF SMALL IN -
HOME CHILD
CARE FACILITIES BY RIGHT
THROUGHOUT THE CITY
UNDER CERTAIN CONDITIONS'
WHEREAS, the City Council
adopted City Plan 2040 with
objectives to create opportunities
for attainable housing; and
WHEREAS, within this goal is the
objective to make housing
relatively more affordable by
influencing cost of living items and
many families struggle with the
costs associated with childcare; and
WHEREAS, the Unified
Development Code currently
requires a conditional use permit
for in -home dayeares for up to ten
children in residential single family
zoning districts; and
WHEREAS, the proposed
amendments will streamline the
process for approving small in -
home child care facilities and will
align the City's regulations with the
State of Arkansas standards.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § I51.01
Definitions by enacting a new
definition of Registered Child Care
Family Home as follows:
"Registered Child Care Family
Home (zoning) - A child care
facility licensed by the Arkansas
Department of Human Services in
which five (5) or fewer children are
cared for in the caregiver's own
residence."
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby enacts § 164.24
Registered Child Care Family
Homes as follows: "164.24 -
Registered Child Care Family
Homes
Registered Child Care Family
Homes shall be allowed by -right in
any zoning district in which the
following conditions are met:
(A) Minimum Lot Area. A
Registered Child Care Family Home
shall have a minimum lot area of
250 square feet per child.
(B) Minimum Outdoor Play
Space. A Registered Child Care
Family Home shall provide a
minimum outdoor play space of 75
square feet per child, calculated on
the basis of the number of children
occupying the outdoor play space at
one time. Outdoor play spaceshall
be fenced and secured.
(C) Number of Children. A
Registered Child Care Family Home',
is permitted for no more than five
(5) children.
(D) Registration with the
State of Arkansas. A caregiver
operating a Registered Child Care
Family Home shall ensure a current
copy of his or her license issued by
the Arkansas Department of Human
Services is on file with the City of
Fayetteville."
PASSED and APPROVED on
5/18/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75420995 May 23, 2021