Plano considering changing policy on in-home daycare

They want to limit the number of children to eight.

Licensed in-home daycare providers in Plano could see a major change in the way they do business if a proposal by the city council comes to fruition. The proposal would limit the number of children the operator could care for at any one time to eight, four less than the state maximum of 12. Currently, operators in Plano may care for eight, but may apply for a specific use permit to care for up to 12. However, the council has rejected all three SUPs which have been brought before it in the past year, and multiple members have said they are in favor of eliminating the SUP process altogether for in-home daycare centers. In past cases, council members have said they believed in-home centers caring for a dozen children would add traffic to residential areas and blur the line between what size centers can be operated out of a home and which should require the operator to lease commercial space. "We have had some discussions and have been pretty consistent about sticking with the eight number and keeping commercial operations out of a residential setting," Mayor Phil Dyer said. The proposal was initially discussed at the council's meeting on Monday, but no decision will be made until a later date. Tina Firgens, the city's planning manager, said many operators in violation of the SUP requirement may not be aware they potentially need a separate permit to operate in Plano. "If the city and state differ regarding the maximum number of children someone is allowed to have by right, then we are going to continue to have enforcement challenges," Firgens said, noting that until 2011, the SUP requirement was only enforced when a complaint was received about a daycare operation. Firgens said the city received three complaints each in 2010 and 2011 but has only received one so far this year. She said city staff members have been working with operators to bring their businesses into compliance by August, when the new school year begins and many of the children in daycare centers will be moving on to elementary school. Support for taking a second look at the ordinance and potentially eliminating the SUP process for such cases was unanimous among the council. Councilman Jim Duggan said he was comfortable with an eight-child limit, while councilman Pat Gallagher was more adamant in his dislike for the potential of a 12-child maximum. "No way will I ever vote for 12," he said. "I have [voted no] three times in a row and I will do it 300 times if I have to." Councilwoman André Davidson said opinions such as those held by Duggan and Gallagher were what led her to request the item be put on the agenda for discussion. "If there isn't any chance that anyone is going to be granted an SUP for 12, it seems silly to have that option available to citizen daycare operators only to have them go through all the effort that is required to bring that request to us, knowing that honestly there isn't a chance of passage," she said. "I particularly wanted us to consider if we wanted to change the ordinance. If council strongly feels that eight is enough children, or should be the limit within a residential setting, then we might as well say that." Councilman Lee Dunlap voted in favor of the first SUP, which was presented to the council last year. He said the layout of the neighborhood in question -- where commercially-zoned land was behind the in-home daycare and an open lot was across the street -- was a special circumstance which led him to vote yes. However, he noted that he had voted against the last two SUPs and would support whatever the other council members decided. "We may need to look at the eight, and not have it for an SUP," he said. "One of the things an SUP can do is increase the value of a house that has an SUP while potentially causing the houses that are adjacent to go down [in value] if they are viewed during sales when there are kids out there making excessive noise. ... I am fine with the way it is, but I would be hard-pressed to increase it to 12 by right, so either keep it the way it is or limit it to eight." Dyer said he didn't want any decision to be made until daycare operators were able to share their thoughts with the council. City Manager Bruce Glasscock said since the changes would require amending the city's zoning ordinance, the issue will be brought before the planning and zoning commission, which will hold a public hearing. The case will then be brought back before the council, where additional public comments will be accepted before a final vote is held.