Annapolis Planning Commission backs childcare ordinance with amendments

The Planning Commission of the City of Annapolis unanimously voted to recommend approval of draft ordinance O125, a zoning amendment to align the city code with recent Maryland childcare regulations and to expand certain childcare options.

The commission recommended adoption of O125 including two amendments: (1) amend in‑home family childcare to allow operations serving up to 12 children consistent with state rules, and (2) eliminate city off‑street parking requirements for childcare facilities in certain contexts. Commission members also approved a correction to the ordinance language addressing the Chesapeake Bay critical area so that only in‑home childcare in existing residential structures would be allowed in the resource conservation area.

Eric Leshinski, chief of comprehensive planning at the Department of Planning and Zoning, presented the staff report and said the draft ordinance principally updates local code to remain consistent with state regulations. "Now the state allows for a 9 to 12 child operation and so now we can have that in our code as well," Leshinski said, describing the change from the city’s current eight‑child threshold for family childcare. Leshinski also described an amendment, sponsored in the commission’s discussion, removing off‑street parking requirements for childcare facilities to reduce developmental costs and permitting obstacles. He said removing the requirement does not force operators to forgo parking but gives operators flexibility to decide whether off‑street parking is necessary.

Commissioner Alex Klein voiced support for the parking amendment, calling it "very good," and the commission chair described the legislation and its two amendments as "straightforward" and "common sense." The commission opened and immediately closed the public hearing; no members of the public spoke during the meeting.

The commission recorded no subcommittee amendments altering the ordinance’s substantive effect beyond the two adopted changes. The critical area correction clarified that larger non‑residential childcare facilities should not be permitted within the resource conservation area, consistent with the area’s stricter protections for waterways.

The commission will forward its recommendation to the City Council for final action. The ordinance file and staff report cited during the presentation identify the measure as O125 and reference the council ordinance adopted last year (referred to in the staff remarks as O13‑24) that expanded daycare allowances in other zoning districts.

While commissioners discussed the potential for the change to modestly increase neighborhood childcare capacity, Leshinski and the commission noted the changes do not on their own create specific funding, licensing, or enforcement programs; operators will still be subject to state licensing and any other applicable city requirements.

Planning staff told the commission they would supply the ordinance and amendment text to City Council and continue to coordinate any required clarifications on the critical area language.