Dallas City Council Says Some Large Neighborhood Daycare Facilities Still Have to Get a Permit
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On Wednesday, the Dallas City Council balked at allowing all daycare facilities in single-family neighborhoods “by right,” meaning residential neighborhood daycare businesses that care for more than 12 individuals at a time must still apply for a Specific Use Permit — an expensive process that can take up to a year to complete.
The council amended the development code so daycare businesses can operate by right in some zoning districts, including multifamily, retail, central area, mixed-use, multiple commercial, office, and urban corridors.
Additionally, an SUP is not required in residential, duplex, townhouses, or clustered housing districts if the child or adult care facility is operated by a religious organization, school, or city recreation center.
“This is a huge change to our code that provides a better path forward with more resources for childcare,” said District 7 Councilman Adam Bazaldua.
District 14 Councilman Paul Ridley made the motion to amend the development code.
“The amendments I proposed today are intended to strike a balance between the conflicting interests of expanding access to child daycare and self-determination of neighborhoods,” Ridley said.
District 11 Councilwoman Jaynie Schultz added some language to make it easier for neighborhood daycare businesses to operate locally.
“This is a real win, I think, for the neighborhoods who wanted their0 self-determination, because the SUP remains,” she said.
The discussion about daycare facilities lasted almost two hours and appeared to confuse even the council members. View that portion of Wednesday’s council meeting here.
Public Opinion on Neighborhood Daycare Facilities
Public opinion on the matter appears to be split down the middle. Residents have expressed concerns about parking, noise, and for-profit businesses operating in neighborhoods. Others have said they rely on daycare facilities — for both adults and children — that are conveniently located and allow parents and caretakers to stay in the workforce.
There’s a major shortage of daycare homes in Dallas, city officials said in December, partly because they’re so difficult to establish.
Dallas-based licensed daycares can only accommodate about 37 percent of children under the age of 5. More than half of Dallas is considered a “childcare desert,” Assistant Planning Director Andreea Udrea has said. Only about 10 adult care homes exist in Dallas.
The SUP process can take months to complete and often requires an expensive consultant for help with the application, some speakers said Wednesday. Those who support the residential SUP requirement say they need safeguards against sex offenders and shady businesspeople operating by right in their neighborhoods.
The City Plan Commission recommended that the SUP requirement be eliminated in single-family zones.
Tax Exemption For Daycare Facilities
Prior to Wednesday’s public hearing and vote on SUPs for daycare facilities, the City Council authorized a 100 percent tax exemption for childcare facilities beginning in the 2024 tax year. Sen. Royce West, D-Dallas, spoke in support of the tax exemption, saying it would provide relief to childcare centers and the families that use them.
“Since 2020, we now have 27 percent fewer childcare programs in the state of Texas,” he said.
Council members amended the ordinance from a 50 percent exemption to 100 percent, confirming their commitment to childcare options and affordability. The issue of whether such facilities should operate without a Specific Use Permit in neighborhoods, however, is a different matter.
Opposition to Residential Daycares
Lochwood resident Thomas Buck suggested a lack of oversight and vetting process leads to the prevalence of “bad actors” operating care facilities.
“We cannot rely on state or local organizations to do the vetting for impacted residents,” he said in an email to council members. “And, because the average infraction penalty is less than $120, few facilities have been forced to close despite having accumulated many infractions. This puts even more of a burden on the residences surrounding the facilities.”
The majority of homeowners’ associations, historic districts, conservation districts, and neighborhoods with stabilization overlays are protected by changes to the development code and zoning, Buck added.
“This leaves middle-low income neighborhood associations and neighborhoods without a formed association or district that will be most impacted, and without a voice to what is in their community,” he said. “As a result, this would add to what is already an unjust economic imbalance of control.”
Buck compared the neighborhood daycare issue to the city’s challenges with short-term rentals.
“STRs, on paper, looked like a great idea with good intentions, but bad actors took advantage of the system and put a terrible burden on many homeowners,” he said.
Community Input on Daycare Facilities
At a December council meeting, several alternatives to the CPC recommendation were presented, and Ridley asked for an opportunity for more public input. The item was ultimately deferred to Feb. 14 in an 8-7 vote.
Councilman Ridley expressed concern that neighborhood associations weren’t directly contacted about this “citywide amendment.” The District 14 council member also criticized the “anecdotal reporting’ and lack of data around the need for more care facilities.
As a result, several town hall meetings were held ahead of Wednesday’s council meeting.
