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City of Mounds View Staff Report Ordinance 595:Day Care Centers March 20, 1997 Page 3 • need to be amended to address this issue. The City Code requires a license for adult establishments which include: adult body painting studios, adult bookstores,adult cabarets, companionship establishments, conversation/rap parlors, adult health/sport club, adult hotel/motel,adult massage parlor, adult mini-motion picture theater, adult modeling studio, adult motion picture arcade,adult motion picture theater,adult novelty business,adult sauna, adult steam room/bathhouse facility. Such establishments shall not be located within 500 feet of a residential zoning district, public facilities zoning district, school, church, library or commercial day care center. These regulations will prevent new adult establishments from locating within 500 feet of existing day care centers, but will not prevent a new day care center from locating within 500 feet of an existing adult business. To address this situation, a distance requirement needs to be added to the criteria applicable to day care centers. Options: 1. The following criteria would be added for approval of conditional use permits for day care centers and group nurseries in business and industrial districts: ■ The distance between any outdoor play yard for a day care center or group nursery and the • Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in Section 1123.02 Subd.l.c. ■ No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license, as provided in Section 502 of the Municipal Code, or a license for an adult establishment, as provided in Section 513 of the Municipal Code, is five hundred(500) feet or less, except that the 500 foot requirement shall not apply to any liquor establishment receiving at least sixty percent of its annual gross sales revenue from the sale of food. • 2. Option#1 plus adding the distance requirements to the residential districts, with a provision that existing day care centers will not be made non-conforming 3. Adopt Ordinance No. 595 be adopted as originally proposed. Recommendation: The Planning Commission, by a unanimous vote, and the staff recommend approval of Ordinance No. 595 with the addition of distance requirements for day care centers in residential, business and industrial districts, as long as a provision which states that an existing day care center shall not become non-conforming by virtue of the adoption of this ordinance(Option #2). Three ordinances have been prepared for City Council consideration,following the options noted above. . Pamela Sheldon, Community Development Director N:\DATA\USERS\PAMS\SHARE\SPECPROASP013.97\DAYCARE.CC2