HomeMy WebLinkAbout6.s. Zoning Ordinance Text Amendment Changing Home Daycares from A Permitted Use to an Accessory Use in Residential Zoning Districts
EXECUTIVE SUMMARY
City Council Regular Meeting: December 15, 2020
AGENDA ITEM: Zoning Ordinance Text Amendment
Changing Home Daycares from A
Permitted Use to an Accessory Use in
Residential Zoning Districts
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.s.
ATTACHMENTS: Draft Ordinance APPROVED BY: LJM
RECOMMENDED ACTION:
Motion to Adopt an Ordinance Text 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.
BACKGROUND
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 permitted in residential districts but 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. Any existing daycares would be
grandfathered in and considered legal nonconformities. Staff is not aware of any daycares, with 12 or
under persons, operating in residential districts without the owner also residing in the home
PLANNING COMMISSION ACTION
The Planning Commission reviewed the proposed amendment at its meeting on November 24. No public
comments were received, and the Commission felt like the amendment was reasonable. Commissioner
Reed asked for confirmation that the recommended action was specific enough for the Council.
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 other communities’ regulations for home daycare centers. Staff found that there are
generally 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 for comment. It was noted that State Statute
requires that licensed daycares serving fewer than 12 children shall be considered a permitted single family
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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. Due to the Statute language, 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
having a daycare in a single family dwelling without also having the owner reside at the premises. Staff is
also modifying the language so that licensed and unlicensed daycares are permitted similarly. It is unclear
why unlicensed were listed differently previously.
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.
RECOMMENDATION
Based on a review of the zoning ordinances of other communities and on the information contained
within this report, the Planning Commission and staff are recommending 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.
City of Rosemount
Ordinance No. B-285
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
LICENSED DAYCARES
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that
Ordinance B, adopted September 19, 1989 entitled “The Subdivision Ordinance of City of
Rosemount” is hereby amended as follows:
Section 1. Rosemount Zoning Ordinance B, Section 11-4-5: R-1 Low Density Residential
District is hereby amended as follows:
B. Permitted Uses:
Licensed child daycare for twelve (12) or fewer persons. Unlicensed child daycare shall comply with
the requirements for customary home occupations in section 11-2-16 of this title.
C. Accessory Uses:
Licensed or unlicensed child daycare for twelve (12) or fewer persons.
Section 2. Rosemount Zoning Ordinance B, Section 11-4-6: R-1A Low Density Residential
District is hereby amended as follows:
B. Permitted Uses:
Licensed child daycare for twelve (12) or fewer persons. Unlicensed child daycare shall comply with
the requirements for customary home occupations in section 11-2-16 of this title.
C. Accessory Uses:
Licensed or unlicensed child daycare for twelve (12) or fewer persons.
Section 3. Rosemount Zoning Ordinance B, Section 11-4-7: R-2 Moderate Density Residential
District is hereby amended as follows:
B. Permitted Uses:
Licensed child daycare for twelve (12) or fewer persons. Unlicensed child daycare shall comply with
the requirements for customary home occupations in section 11-2-16 of this title.
C. Accessory Uses:
Licensed or unlicensed child daycare for twelve (12) or fewer persons.
Section 4. Rosemount Zoning Ordinance B, Section 11-4-8: R-3 Medium Density Residential
District is hereby amended as follows:
B. Permitted Uses:
Licensed child daycare for twelve (12) or fewer persons. Unlicensed child daycare shall comply with
the requirements for customary home occupations in section 11-2-16 of this title.
C. Accessory Uses:
Licensed or unlicensed child daycare for twelve (12) or fewer persons.
Section 5. Rosemount Zoning Ordinance B, Section 11-4-9: R-4 High Density Residential
District is hereby amended as follows:
B. Permitted Uses:
Licensed child daycare for twelve (12) or fewer persons. Unlicensed child daycare shall comply with
the requirements for customary home occupations in section 11-2-16 of this title.
C. Accessory Uses:
Licensed child daycare for twelve (12) or fewer persons.
Section 6. This Ordinance shall be effective immediately upon its passage and publication
according to law.
[Underlined material is new. Stricken material is deleted.]
ENACTED AND ORDAINED into an Ordinance this 15th day of December, 2020.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Erin Fasbender, City Clerk