Westminster planning panel backs text change to allow commercial childcare in office and employment areas

The City of Westminster Planning Commission on Sept. 23 voted unanimously to recommend the City Council approve text amendments to the city’s 2040 Comprehensive Plan that would permit commercial childcare as a support commercial use in office and employment land-use categories and increase the percentage of gross floor area allowed for support commercial uses in certain employment areas.

City staff presented the amendments as a planning-level change only — not a rezoning or map amendment — intended to help employers attract and retain workers by making commercial childcare an allowed supportive use within neighborhood office, employment flex, and employment office land-use types. Adri Spurgeon, principal planner in the Community Services Department, told commissioners the change would allow childcare “to be viable at any land use in our comprehensive plan other than our parks and open space facilities.” Spurgeon also said the amendments would not alter the existing overall 15,000-square-foot cap for support commercial uses within a building.

The amendments would (1) add childcare to the list of optional, complementary support commercial uses for office and employment plan categories; (2) increase the permitted percentage of gross floor area that support commercial uses may occupy in two employment land-use types (a textual change commissioners described as approximately 30% of gross floor area in the presentation); and (3) continue to exclude childcare where industrial uses are specifically established on a property through a Preliminary Development Plan (PDP) or Overall Development Plan (ODP).

Spurgeon explained a practical challenge: state licensing for childcare requires access to an outdoor play area with specific size, proximity and security requirements, which can be difficult to provide on existing office sites without reconfiguring parking or drive aisles. “That could be challenging in some of the employment land-use sites that may require ripping out parking or drive aisles,” Spurgeon said, noting staff would work with applicants to meet applicable codes.

Commissioners asked how the rule would interact with employer-run onsite childcare versus third-party commercial operators. Spurgeon said employer-run childcare that is accessory to the primary employment use would not need this amendment; the change is intended to allow third-party commercial childcare providers to locate inside office buildings. Commissioners also confirmed with staff that multiple support uses (for example, a restaurant and a childcare provider) would be counted together toward the increased percentage of gross floor area allowed for support commercial uses.

Several practical and regulatory limitations were discussed. Spurgeon noted older buildings may not meet code requirements for group occupancies (fire sprinklers, grease traps for dining facilities, etc.), so not every office building will be feasible for conversion. She said staff would review proposals on a case-by-case basis and would still require minimum parking, fire access and other site standards. The staff presentation estimated the change could open roughly 7% of the city’s land area to potential childcare uses, while leaving parks/open space and sites with established industrial uses exempted.

Public testimony was not offered; no emails or voicemails were received for the public hearing. After discussion, a motion was made to recommend City Council adopt the ordinance amending the 2040 Comprehensive Plan; the motion was seconded and passed on a unanimous roll call vote.

Votes at a glance: Motion to recommend the City Council approve an ordinance amending the 2040 Comprehensive Plan — Passed unanimously (7–0).

What happens next: The Planning Commission’s recommendation will be forwarded to the City Council for consideration; staff noted the item was tentatively scheduled for the Oct. 13 City Council agenda. Any specific childcare facility would still require a site-level land-use review (for example, a PDP/ODP or other approval as applicable) and, separately, state childcare licensing and applicable building/fire approvals.

Ending: Commissioners expressed support for the principle of expanding childcare access for employers and the workforce but emphasized implementation would depend on site-specific code compliance and licensing requirements rather than the plan text alone. The Planning Commission closed the hearing and moved the item to the City Council with a favorable recommendation.