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May 21, 2018 Page 2 interpretation that the city code does not allow, nor does Statute protect, such a use. Therefore, staff has directed the Applicant that, in order to proceed with the childcare center at 17 children, she would need to make the following requests: 1) A zoning code text amendment to list a Child Center facility with up to 17 children as a permitted or conditional use in the R‐1 district; 2) A conditional use permit to allow for a Child Center facility with up to 17 children on the property located at 3029 Wilson Street. If the Council finds a compelling public interest to change the code to allow for such a use, then a conditional use permit can also be considered. If the Council finds such a use not appropriate in the R‐1 zoning district, the request for a conditional use permit is moot, and must be denied. Staff has received several calls relating to this request, both in favor and against the proposed increase in children. One letter in writing was received opposed to the request, and is included in your packet. APPLICABLE CODES AND STATUTES  Section 152.036, the City zoning ordinance lists “State licensed facilities permitted under M.S. § 462.357, Subd. 7, as it may be amended from time to time,” as permitted uses in the R‐1 district.  In Section 152.242, the City zoning ordinance sets forth the review for zoning text amendments.  In Section 152.243, the City zoning ordinance sets forth the review and approval criteria for conditional use permits.  M.S. § 462.357, Subd. 7 says “a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning.”  MN.gov’s website page on Child care center License (Rule 3) defines child care: o A child care center, generally, is characterized by a location other than the provider’s or caregiver’s home, larger numbers of children being cared for, and staff qualifications and training requirements. o Family child care is generally provided in the caregiver’s home and no more than 14 children can be cared for at any one time. ANALYSIS OF REQUEST FOR A ZONING TEXT AMENDMENT The applicant is requesting the addition of language to § 152.037, Permitted Conditional Uses for the R‐1 zoning district, to allow for child care centers serving up to 17 persons. M.S. § 462.357, Subd. 7 allows group family day care facilities serving 14 or fewer children. Because the applicant’s business is licensed as a child care center, rather than family child care, it does not have state‐ imposed restrictions on the number of children the center can serve, provided adequate space and services. A zoning text amendment adding a child care center as a conditional use would add a new use to the conditional use chart in the R‐1 zoning district. Generally speaking, conditional uses should be considered generally permitted, with conditions. Therefore, uses in this district should be compatible with other R‐1 Single Family uses. Currently permitted uses include single‐family homes, schools, assembly uses and religious institutions, and parks. The City has broad discretion in the review and approval of a zoning code text amendment since it is considered a policy change. While the requested zoning code text amendment does not by itself allow the requested use as permitted with no conditions, approving such a policy change would