Lakewood planning commission keeps public hearing open on expanding zones for childcare centers

The Lakewood City Planning Commission opened a public hearing Oct. 1 on proposed amendments that would expand where commercial childcare centers can locate in the city and voted to keep the hearing open through Oct. 15 to correct an advertising error.

Tiffany Spear, planning staff, told the commission the package implements changes required by state law and updates outdated definitions in the municipal code. Spear said Senate Bill 5509 (state senate bill 5509) further expands locations where commercial childcare centers must be allowed; while the city is not required to comply until 2027, staff recommended moving faster because Lakewood already has undertaken related code changes and because “childcare deserts” remain in parts of the city. Spear said the amendments would also update references to state law and consolidate land-use rules in the code’s summary land-use table.

Spear described the substantive changes as edits to the definitions of daycare-related uses, additions to the uses table in Lakewood Municipal Code (LM C) 18.A.40.080 to expand permitted locations, and a new allowance for reuse of existing buildings as daycare centers. She said, if adopted by the council without delay, the code changes would be scheduled to take effect Jan. 1, 2026.

Commissioners discussed several practical issues raised by the proposed changes. Commissioner Robert Estrada asked whether oversight would change if centers locate in industrial or commercial zones; Spear said all childcare facilities will be regulated under state law and the state administrative code regardless of the land-use zone. Commissioner Philip Lindholm and Commissioner Lynn Larson asked how allowing commercial centers in single-family zones would be implemented; Spear said commercial centers could occupy existing houses repurposed for commercial use or be rebuilt on lots in zones now required to allow them (R-1 through MF-3, as reflected in the staff presentation).

Commissioners also raised compatibility concerns. Several members noted the possibility of conflicts between new childcare locations and other commercial activities such as bars, taverns or tasting rooms. Commissioner Allen Talbot (vice chair) and Commissioner Mark Kerr urged the commission to consider whether family day care uses should also be permitted in the transit-oriented center (TOC) and Central Business District (CBD), and to examine protections or conditions for locating daycares next to other commercial venues. Commissioner Larson suggested conditions or language that would prevent daycare regulations from inadvertently prohibiting currently allowed commercial uses.

Commission discussion included clarification that “family day care” and “adult family homes” are treated under different definitions and regulatory tracks; Spear said adult family homes are a separate land-use category and are regulated separately from child day care uses.

Because staff identified an error in the meeting notice, the commission voted to leave the public hearing open through Oct. 15 to allow corrected notice and additional public testimony. Commissioner Mark Herr moved to leave the hearing open and Commissioner Philip Lindholm seconded; the commission approved the motion.

Next steps: the hearing will remain open through the Oct. 15 meeting; staff intends to return with any amendments proposed by the commission and with corrected public notice. If the commission forwards an adopted resolution to the City Council, staff has indicated the council would consider the measure later in the fall and an effective date of Jan. 1, 2026, was presented as the staff schedule.

Quotes used in this article come from the Oct. 1 planning commission meeting transcript and are attributed to speakers listed below.