Dallas can expand child care by changing this zoning law

Child day care services are vital to our economy. In the absence of affordable care, some parents have to forgo jobs and income they need to keep their families afloat, or depend on friends and relatives to care for their small children, if they’re lucky to have a support system nearby.

There are about 93,000 children under age 5 in Dallas, but there is only space for about 35,000 of them to receive care at a licensed child care facility in the city, according to a city report citing census figures and state licensing data.

It’s encouraging that the Zoning Ordinance Advisory Committee, a group that advises the City Plan Commission on changes to Dallas’ development code, has proposed amending zoning laws so that it’s easier for child care businesses to open in Dallas. The group agreed with city staff members who are recommending that child care facilities be allowed by right in residential areas. If approved, the zoning change would also apply to facilities that provide care to older adults.

The City Plan Commission is expected to consider the proposal later this year and make a recommendation that will go to the Dallas City Council, which will make the final decision. Council members should discuss and approve the zoning change.

Day homes — child care facilities that can host 10 children or fewer — are currently allowed by right in residential areas. However, child care centers need to file for a specific-use permit to move to a neighborhood.

Once city staff reviews the application, it is sent to the City Plan Commission for a public hearing. The commission issues a recommendation, and the City Council votes to approve or deny the permit. Steven Doss, senior planner with the city, told us that this whole process can take between eight to 12 months, which is a barrier to business owners.

In addition to permitting child care businesses by right in residential areas, city staffers also want to amend the development code to eliminate expensive parking mandates. Instead, they favor allowing providers to determine how much off-street parking they require. The proposed amendments also include a provision to limit the hours of outdoor activities for child care facilities in residential districts and would give adult care facilities similar restrictions.

These zoning changes are unrelated to state standards about quality of care. The Texas Health and Human Services Commission issues licenses to providers from child care homes that receive a handful of children to child care centers that provide care to much larger groups of kids. Child care providers must submit to regular inspections from the state. The proposed zoning changes will just remove bureaucratic hoops about land use at the city level.

Pandemic-era federal and state funding for child care is drying up, but parents still need child care. This policy change is a reasonable way in which Dallas can make child care more accessible to its families by making it easier for providers to operate in the city.

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