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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