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Planning Commission Regular Meeting Minutes May 21, 2018 Page 2 City Planner Rothstein reviewed the applicant Jen Johnson currently operates a daycare facility 1 at the home located at 3029 Wilson Street. She holds a Minnesota Child Care Center License 2 (Rule 3) which is a commercial type license and does not establish a maximum number of 3 children allowed, except through teacher/student ratios and does not require her to live on-site. 4 She does not live on site and employs a total of three teachers, including herself. 5 6 Minnesota State Statute protects family childcare centers as a permitted use in the R-1 district, 7 and family childcare centers are limited to 14 children. Previous to now, it has been staff’s 8 interpretation of the zoning code and the statute that a childcare center having up to 14 children 9 is allowed in the R-1 district, despite the specific state licensing. 10 11 The Applicant is requesting an increase in children from 14 to 17 children. Currently, with the 12 three teachers she has on site, her Child Care License allows her up to 17 children. However, it is 13 the interpretation that the city code does not allow, nor does Statute protect, such a use. Staff has 14 directed the Applicant that, in order to proceed with the childcare center at 17 children, she 15 would need to make the following requests: 16 17 1) A zoning code text amendment to list a Child Care Facility with up to 17 children as a 18 permitted or conditional use in the R-1 district; 19 2) A conditional use permit to allow for a Child Center facility with up to 17 children on the 20 property located at 3029 Wilson Street. 21 22 Ms. Rothstein stated the request differentiates between family child care and child care centers – 23 Under state statute, child care centers can have larger enrollments, characterized by a location 24 other than the provider’s or caregiver’s home. A zoning text amendment would add a new use to 25 the conditional uses, as currently the zoning code only permits family child care. Staff 26 recommends denial of the Code Text Amendment to allow a childcare facility serving up to 17 27 children as a conditional use in the R-1 district. 28 29 If the Council finds a compelling public interest to change the code to allow for such a use, then 30 a conditional use permit can also be considered. If the Council finds such a use not appropriate in 31 the R-1 zoning district, the request for a conditional use permit is moot, and must be denied. 32 33 Staff has received several calls relating to this request, both in favor and against the proposed 34 increase in children. One letter was received opposed to the request and was provided for 35 Commission review. 36 37 Ms. Rothstein reviewed the applicable codes and statutes and provided an analysis of request for 38 a zoning text amendment. 39 40 City Code does not specifically establish guidance for the City in the review of code text 41 amendments. Staff would recommend using the following considerations: 42 43 1. Is the request in keeping with the intent of the R-1 Zoning Ordinance “to create and maintain 44 areas where due to the natural amenities of the land, low traffic volumes, and historical 45 development patterns are best suited for single-family detached residences”. The intent of the 46