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HomeMy WebLinkAbout6.c. Zoning Ordinance Text Amendment Changing Home Daycares E X E C U T I V E S U M M A R Y Planning Commission Regular Meeting: November 24, 2020 Tentative City Council Meeting: December 15, 2020 AGENDA ITEM: 20-53-TA Zoning Ordinance Text Amendment Changing Home Daycares from a Permitted Use to an Accessory Use in Residential Zoning Districts. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.c. ATTACHMENTS: None. APPROVED BY: KL RECOMMENDED ACTION: Motion to recommend the City Council adopt an amendment to sections 11-4-4, 11-4-5, 11-4-6, 11-4-7, 11-4-8, and 11-4-9 of the zoning ordinance related to Home Daycares in Residential Districts. SUMMARY Licensed child daycare for twelve (12) or fewer persons is a permitted use in all but two of the residential zoning districts. In the past year, staff has been approached by daycare operators inquiring about purchasing a home to use solely as a daycare facility with no one living in the home. Staff is supportive of daycares being allowed in residential districts, but staff believes the principal use of the site should remain residential. Therefore, staff is recommending the status of licensed child daycare for twelve (12) or fewer persons be changed from a permitted use to an accessory use. BACKGROUND Legal Authority. Text amendments are considered legislative actions. In such cases, the City has a lot of discretion in its deliberations and application outcome. TEXT AMENDMENT Staff reviewed how other communities regulate home daycare centers. Staff has found that there are mainly two ways daycares are regulated. In some cities, like Rosemount, daycares are a permitted use under a certain number of children. Other cities, like Eagan and Lakeville, consider daycares an accessory use. In some cases, there are conditions or provisions that daycares must meet in order to operate. The Rosemount City Code does not have special conditions for home daycares. It should be noted that unlicensed daycares are not currently allowed in the R4-High Density Residential zoning district. Staff asked the City Attorney to review this amendment. State statute requires that licensed daycares serving fewer than 12 children shall be considered a permitted single family residential use of property for the purposes of zoning. However, changing something from a principal to an accessory use doesn’t mean you are changing the fact that it’s a permitted use. It would still be permitted; it would just now be accessory instead of principal. The City would not be able to make licensed daycares a conditional use that would require approval through a public hearing process. While a daycare as the principal use on a residential parcel has not been an issue, staff recommends proactively amending the zoning ordinance to avoid any problems that may arise. The easiest way to ensure that a home daycare remains accessory to the principal residential use on the site it to amend the ordinance to clarify that licensed daycares for twelve or fewer persons are indeed allowed, but only as an accessory use. Staff has received approximately three or four questions in the last couple of years about 2 having a daycare in a single family dwelling without also having the owner reside at the premises. The proposed amendment would move the following use that is currently listed under permitted uses in the R1 through R3 zoning districts to the list of accessory uses in those districts: Licensed or unlicensed child daycare for twelve (12) or fewer persons. Additionally, the following use currently listed in the R4-High Density Residential zoning district will be added to the list of accessory uses in that zoning district: Licensed child daycare for twelve (12) or fewer persons. CONCLUSION Based on a review of the zoning ordinances of other communities and on the information contained within this report, staff is recommending that the Planning Commission recommend the City Council adopt an amendment to the zoning ordinance to make daycares for twelve (12) or fewer persons an accessory use in the R1, R1A, R2, R3, and R4 zoning districts.