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Planning Commission Regular Meeting Minutes May 21, 2018 Page 3 Statute protection for childcare centers in the R-1 district is to allow for such uses on a 1 limited basis (specifically up to 14 children). 2 2. Is the proposed use of a commercial childcare center serving up to 17 children a generally 3 acceptable use, as along as reasonable conditions are applied? 4 3. Is the use consistent with the other uses in the adjacent neighborhood? This area consists of 5 mostly single-family homes, however there are religious institutions and schools in the 6 surrounding neighborhood. 7 4. Is there any reason to believe that the proposed use will diminish adjacent property values or 8 disrupt the neighborhood? Staff does not believe property values will be affected. 9 5. Is there a compelling public interest to change the zoning code in this manner? While the 10 existing use is functioning well within a single-family context, staff believes there is no 11 compelling public interest to deviate from the 14 children maximum protected by statute. 12 13 Ms. Rothstein provided an analysis of request for a Conditional Use Permit. When reviewing the 14 appropriateness of a request for conditional use permit, the following factors must be considered, 15 in accordance with City Code: 16 17 1. The use is one of the conditional uses specifically listed for the district in which the property 18 is located. Not as currently listed in the zoning code. The use would have to be added as 19 conditional in the R-1 zoning district via a zoning text amendment. 20 2. The City Council has specified all conditions which the City Council deems necessary to 21 make the use compatible with other uses in the area. If approved, staff recommends a series 22 of conditions be applied to this permit, including hours of operation, pick up and drop off 23 times, and compliance with all nuisance and other applicable zoning codes. The applicant has 24 stated in their application letter: “Our hours are 8am – 5pm Monday – Friday. Our hours 25 support us living well with our neighbors. Many people leave for work before 8am and come 26 home after 5pm. The preschool is in a home in a neighborhood.” 27 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or 28 working in the vicinity or to the values of property in the vicinity; and 29 4. The use will provide a service or a facility which is in the interest of public convenience and 30 will contribute to the general welfare. A child care facility is a public convenience and allows 31 for residents to meet their childcare needs within their neighborhood. 32 33 Ms. Rothstein reviewed the recommendation from staff. The City zoning ordinance does not 34 currently allow child care facilities serving more than 14 persons in a single-family district. A 35 zoning text amendment allowing child care centers serving up to 17 persons in the R-1 zoning 36 district would be the addition of a new use to that zoning district, as the proposed child care 37 center is not a family child care (a use that is currently permitted), but more of a commercial 38 child care center. The R-1 zoning district already allows child care facilities serving up to 14 39 persons. Staff recommends that the City defer to Minnesota Statute, and maintain the current 40 permitted uses in the R-1 zoning district, based on the above stated findings and deny the request 41 for a zoning code text amendment and conditional use permit, as requested. 42 43 Ms. Rothstein provided a review of the conditional use permit and noted if the Code Text 44 Amendment is denied, the conditional use permit must be denied, due to inconsistency with the 45 city’s zoning code (not an eligible conditional use). 46