Amend Unified Development Code to allow Registered Child Development Home_HearingCity of Dubuque
City Council Meeting
Public Hearings # 1.
Copyrighted
September 20, 2021
ITEM TITLE: Amend the Unified Development Code to allow Registered Child
Development Home as a permitted use in Office, Commercial, and
Industrial zoning districts
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of a request from the City of Dubuque to amend the Unified
Development Code to allow Registered Child Development Home as a
permitted use in Office, Commercial, and Industrial zoning districts, and
Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Chapter 16-2-3,
Definitions, to add a definition of Registered Child Development Home, and
by amending Articles 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-10 (C-1),
16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5),
16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI)
by adding Registered Child Development Home to the list of permitted uses
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
ZAC Ltr to City Council Supporting Documentation
Ordinance Ordinance
Application Supporting Documentation
Staff Report Supporting Documentation
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE COF
DUi! B E
Masterpiece an the Mississippi
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
All•Ammiu Cft
2007,2012.2013
2017*2019
September 10, 2021
Applicant: City of Dubuque
Description: Amend the Unified Development Code to allow Registered Child
Development Home as a permitted use in Office, Commercial, and
Industrial zoning districts
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Assistant Planner Travis Schrobilgen reviewed the proposed amendment to the Unified
Development Code to permit Registered Child Development Home as a permitted use
in Office, Commercial and Industrial zoning districts. He noted that because the City of
Dubuque Unified Development Code doesn't currently define a Registered Child
Development Home, an applicant's options would be to either acquire state licensure or
be limited to the requirements of a homebased business. He said the amendment would
provide a potential middle ground for childcare. He read into record the suggested
definition of Registered Child Development Home:
"A facility providing childcare or preschool services for children that requires State of
Iowa registration. Registered Child Development Home does not include a licensed
childcare center."
He explained the City would regulate registered child development homes similar to
how licensed childcare is regulated and would rely on the determination, requirements,
inspections and an up-to-date registration from the state of Iowa to ensure the property
is safe and appropriate for a registered child development home. He said the
amendment would not limit the ability of residents to operate childcare homes as a
home -based business and they would continue to be regulated by Article 7 of the
Unified Development Code.
He stated staff reached out to representatives of the Department of Health Services and
asked for their input regarding this amendment. The DHS's feedback was positive, and
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Cherie Kennedy of Child Care Resource and Referral was present and available for any
questions regarding state licensure. He concluded, noting the intent was to encourage
an increased availability of child care which is supported in the 2017 Comprehensive
Plan: Imagine Dubuque 2037, as well as the Equitable Poverty Reduction and
Prevention Plan.
Cherie Kennedy, 20883 Pleasant Grove Rd, who works for Child Care Resource and
Referral, spoke in favor of the request. She described the Registered Child
Development Home, the registration requirements, and the capacity of care. She stated
she serves as the point person between providers and the state. She emphasized there
is a lack of childcare, and this action would remove a barrier.
The Zoning Advisory Commission discussed the request, and felt it was appropriate.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the text amendment request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Matthew Mulligan, Chafrpe on
Zoning Advisory Commi sion
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Wally Wernimont, City Planner Address: City Hall 50 W. 13th St Telephone: 563-589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall 50 W. 13'^ St Telephone: 563-589-4121
ORDINANCE NO. 30-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 16-2-3,
DEFINITIONS,TO ADD A DEFINITION OF REGISTERED CHILD DEVELOPMENT
HOME, AND BY AMENDING ARTICLES 16-5-7 (OR), 16-5-8 (OS), 16-5-9 (OC), 16-5-
10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-
5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) BY ADDING
REGISTERED CHILD DEVELOPMENT HOME TO THE LIST OF PERMITED USES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapters 16-2-3 are hereby amended as follows:
16-2-3: DEFINITIONS
REGISTERED CHILD DEVELOPMENT HOME: A facility providing childcare
or preschool services for children that requires State of Iowa registration.
Registered child development home does not include a licensed childcare
center.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapters 16-5.7 (OR), 16-5.8 (OS), 16-5.9 (OC), 16-5-10 (C-1), 16-
5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS),
16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20 (MHI) are hereby amended as
follows:
16-5-7-1 Principal Permitted Uses
Registered Child Development Home
16-5-8-1 Principal Permitted Uses
Registered Child Development Home
16-5-9-1 Principal Permitted Uses
Registered Child Development Home
16-5-10-1 Principal Permitted Uses
Registered Child Development Home
16-5-11-1 Principal Permitted Uses
Registered Child Development Home
16-5-12-1 Principal Permitted Uses
Registered Child Development Home
16-5-13-1 Principal Permitted Uses
Registered Child Development Home
16-5-14-1 Principal Permitted Uses
Registered Child Development Home
16-5-15-1 Principal Permitted Uses
Registered Child Development Home
16-5-16-1 Principal Permitted Uses
Registered Child Development Home
16-5-17-1 Principal Permitted Uses
Registered Child Development Home
16-5-18-1 Principal Permitted Use
Registered Child Development Home
16-5-19-1 Principal Permitted Uses
Registered Child Development Home
16-5-20-1 Principal Permitted Uses
Registered Child Development Home
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 20th day of September 2021.
1
Da ny C. Sprank, Mayor Pro Tern
Attest:
012W' iryr7,2 A
Adrienne N. Breitfelder, City Clerk
THEcVm of City of Dubuque � DT TPlanning Services Department
Dubuque, IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589-4221
olanning(@citvofdubuaue oro
PLANNING APPLICATION FORM
❑Variance
❑Preliminary Plat
❑Simple Subdivision
❑Certificate of Appropriateness
❑Conditional Use Permit
❑Major Final Plat
XText Amendment
❑Advisory Design Review (Public Projects)
❑Appeal
❑Minor Final Plat
❑Temporary Use Permit
❑Certificate of Economic Non -Viability
❑Special Exception
❑Simple Site Plan
❑Annexation
❑Historic Designation choose one
❑Limited Setback Waiver
❑Minor Site Plan
❑Historic Revolving Loan
❑Demolition
❑Rezoning/PUD/ID
❑Major Site Plan
❑Historic Housing Grant
❑Port of Dubuque Design Review
Please type or print legibly in ink
Property owner(s):City Of Dubuque
Address: 50 W. 13th Street Ciw. Dubuque
Fax #:
Cell #:
Applicant/Agent: Planning Services Department
Fax #:
Cell #:
563-589-4210
IA —.52001
Site location/address: Neighborhood Association: N/A
Existing zoning: Select Proposed zoning: N/A District: N/A Landmark: El Yes N No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed):
To amend the Unified Development Code to clearly define Registered Child Care
Development Home and to list them as a permitted use in all non residential districts.
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
PropertyOwner(s): Date:
Applicant/Agent: Date: ( v
FOR OFFICE USE
Fee: Received by: Date://'S/ G I Docket:
THE CITY OF
DUB El
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Travis Schrobilgen, Assistant Planner
SUBJECT: Support for Registered Child Development Homes
I'kI:W111101lei ►1
Dubuque
AII-Ameeica City
1II��r
2007-2012t2013
2017*2019
August 18, 2021
This memo transmits an application and an ordinance for a proposed Text Amendment
to the Unified Development Code (UDC) zoning regulations to add a definition for
Registered Child Development Home and to allow Registered Child Development Home
as a permitted use in all Office, Commercial, and Industrial districts citywide. The
objective of this amendment is to allow additional opportunities for the provision of
accessible and affordable day care and to reduce barriers to the development of
Registered Child Development Homes. Encouraging an increased availability of child
care is supported in the 2017 Comprehensive Plan, Imagine Dubuque 2037, as well as
the Equitable Poverty Reduction and Prevention Plan.
The UDC notes: "Text amendments are intended for wholesale changes to the zoning
regulations, as a means for the City to respond to changing conditions and emerging
trends in the community. Text amendments are not property specific."
BACKGROUND
There has been interest expressed recently by citizens and child care providers
regarding the different child care options and the requirements for each. For the past
several years the City has looked for ways to increase the availability of child care.
Adequate, quality child care is considered an important part of the effort to create and
maintain a thriving community.
Planning staff has been asked to review how they are regulated and to suggest possible
amendments to the UDC to clearly define them and identify what districts they should
be permitted in.
DISCUSSION
The UDC allows Registered Child Development Homes as a Home -based Business
anywhere a residential use is permitted and as an accessory to a residential use.
Currently a registered child development home is not allowed in non-residential districts.
Registered Child Development Home Memo Page 2
There are currently two categories of child care listed in the UDC: Licensed Child Care
Centers and Child Care, which includes Registered Child Development Homes. Child
Care and Registered Child Development Homes are permitted as Home -Based
Businesses in all residential districts and are regulated by Article 7 of the UDC.
Licensed Child Care Centers are permitted in all Office, Commercial, and Industrial
districts and are listed as conditional uses in all residential districts.
The State, on the other hand, recognizes three general categories of child care: Child
Care Homes, which may or may not be registered; Child Development Homes, which
are required to be registered; and Child Care Centers, which require licensure. Having
three distinctions creates a misalignment of terms and uses when compared to the city's
code.
This amendment would permit Registered Child Development Homes in Office,
Commercial, and Industrial districts citywide, provided the applicant can demonstrate
they have an approved and up-to-date registration from the State. The State of Iowa
Department of Human Services (DHS) regulates day care homes, child development
homes, and licensed child care facilities. The DHS conducts inspections of exterior and
interior day care spaces on a regular basis using trained inspectors to ensure the safety
of the property and children.
This amendment would not limit the ability of residents to operate a registered
development home as a home -based business. As previously stated, Registered Child
Care and Registered child development homes would be allowed as a home -based
business anywhere a residential use is permitted and as an accessory to a residential
use. There are a few distinctions between a registered child development home as a
home -based business and a registered child development home not operating as a
home -based business. First, as a home -based business, the property would require a
residential use and the child care would be accessory to the residence. Second, when
operated as a home -based business, only residents of the property would be allowed to
staff the business unless a conditional use permit is applied for and approved by the
Zoning Board of Adjustment. In which case, the applicant could employ up to two
people who do not reside within the home. Home -based businesses are regulated by
Article 7 of the UDC. A registered child development home not operating as a home -
based business would not be required to live at the property and could employ people
not residing on the premises. State registration would be required in both cases.
As proposed, this amendment would also establish a definition of Registered Child
Development Homes and identify what zoning districts they be permitted in. A
suggested definition of Registered Child Development Home is:
Child Development Home, Registered. A facility providing childcare or preschool
services for children that requires State of Iowa registration. Registered Child
Development Home does not include a licensed childcare center.
Registered Child Development Home Memo
Page 3
Furthermore, this amendment would list Registered Child Development Home as a
permitted use in all the City's Office, Commercial, and Industrial zoning districts.
Staff reached out to representatives of the DHS and asked for their input regarding the
proposed text amendment. All the feedback was positive.
RECOMMENDATION
In conclusion, in an effort to reduce barriers to establishing and operating Registered
Child Development Homes, Planning staff recommends that the UDC be amended by
adding the definition of Registered Child Development Home and listing Registered
Child Development Home as a permitted use in all Office, Commercial, and Industrial
districts.
Enclosures
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/10/2021
and for which the charge is 31.66
Subscribed to before me, a Notary Public and for
Dubuque County, Iowa,
this loth day of September, 2021
(�M'CA- -1� P��
Nota y ublic in and for Dub que County, Iowa.
x •,. JANET K. PAPE
Commisslon Number 19n59
-��,,— lkly Comm. Exp. DEC it, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct public hearings on the 20th day of September
2021, at 6:30 p.m., in the Historic Federal Building, 350 W.
6th Street, 2nd floor, Dubuque, Iowa, on the following:
TEXT AMENDMENT
Request from the City of Dubuque to amend the Unified
Development Code to allow a Registered Child Development Home
as a permitted use in Office, Commercial and Industrial zoning
districts.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.conVAgendapublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments
received by the City Clerk's Office.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD'
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Adrienne N. Breitfelder, City Clerk
It 9/10
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/24/2021
and for which the charge is 42.34
Subscribed to before me, Notary Public in for
Dubuque County, Iowa,
this 24th day of September, 2021
Not ry Public in and for Dubuq e County, Iowa.
JANET K. PAPE
-A
Cammission Number 199859
MY Comm. Exp, DEC 11, 2022
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 30-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER
16-2-3, DEFINPTIONS,TO ADD A DEFINITION OF REGISTERED CHILD
DEVELOPMENT HOME, AND BY AMENDING ARTICLES 16-5-7 (OR), 16-5-8
(OS), 16-5-9 (OC), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12
(C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16
(CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and 16-5-20
(MHI) BY ADDING REGISTERED CHILD DEVELOPMENT HOME TO THE LIST
OF PERMITED USES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Chapters 16-2-3 are
hereby amended as follows:
16-2-3: DEFINITIONS
REGISTERED CHILD DEVELOPMENT HOME: A facility providing
childcare or preschool services for children that requires
State of Iowa registration. Registered child development home
does not include a licensed childcare center.
Section 2. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Chapters 16-5.7 (OR),
16-5.8 (OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-11 (C-2),
16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5),
16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), and
16-5-20 (MHI) are hereby amended as follows:
16-5-7-1 Principal Permitted Uses
Registered Child Development Home
16-5-8-1 Principal Permitted Uses
Registered Child Development Home
16-5-9-1 Principal Permitted Uses
Registered Child Development Home
16-5-10-1 Principal Permitted Uses
Registered Child Development Home
16-5-11-1 Principal Permitted Uses
Registered Child Development Home
16-5-12-1 Principal Permitted Uses
Registered Child Development Home
16-5-13-1 Principal Permitted Uses
Registered Child Development Home
16-5-14-1 Principal Permitted Uses
Registered Child Development Home
16-5-15-1 Principal Permitted Uses
Registered Child Development Home
16-5-16-1 Principal Permitted Uses
Registered Child Development Home
16-5-17-1 Principal Permitted Uses
Registered Child Development Home
16-5-18-1 Principal Permitted Use
Registered Child Development Home
16-5-19-1 Principal Permitted Uses
Registered Child Development Home
16-5-20-1 Principal Permitted Uses
Registered Child Development Home
Section 3. "The foregoing amendment has heretofore been
reviewed by the Zoning Advisory Commission of the City of
Dubuque, Iowa.
Section 4. "This ordinance shall take effect immediately upon
publication, as provided by law.
Passed, approved and adopted this 20th day of September
2021.
/s/Danny C. Sprank, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 24th day of September, 2021.
/s/Adrienne N. Breitfelder, City Clerk
It 9/24