Planning commission advances child care zoning changes tied to new state law; approves resolution to send to council

The Lakewood Planning Commission on a voice vote moved to advance zoning amendments intended to implement Senate Bill 5509 and approved Resolution 2025-04 to forward the proposals to city council.

Planning staff told the commission the changes respond to SB 5509 and would allow commercial child care centers and conversions of existing buildings for child care as permitted uses in most zones, with conditional-use approval required in industrial and light-industrial zones "except in or around high hazard facilities." Staff also said the state mandate is not enforceable locally until June 2027 but recommended acting sooner to complete code changes and public hearings.

Commissioners focused on safety and operational responsibility when child care is proposed inside or adjacent to industrial parks. "The requirement under state law is now that if you have a site that has an industrial use in an industrial zone and they want to have an on site child care facility that must be allowed with conditions," planning staff said, describing how conditional-use permits would be used to review site-specific protections. Commissioners asked whether a site or property manager would share responsibility for safety; staff responded it will be case-by-case and that conditional-use permits could specify conditions and responsibilities.

Several commissioners asked for data staff will return with, including counts of 24-hour child care facilities in Lakewood and incident-call histories for existing establishments near residences. Jeffrey Mack, Director of Planning & Public Works, recommended staff research other jurisdictions’ buffer distances and operational controls before crafting local rules. "I did do a quick search while we were sitting to look for a 24 hour care facility. I did find one that exists in the city of Lakewood for Monday through Friday," he said, and offered to produce a more exhaustive search.

Staff summarized next steps: draft development regulations and zoning edits will be prepared for the commission, followed by a public hearing and a council review (staff cited Council consideration beginning November 10 with a council public hearing scheduled for November 17). The commission approved Resolution 2025-04 by voice vote; the transcript records the motion and second and that the motion "moves forward," but does not include a roll-call tally in the record.

The commission directed staff to return with draft code language, options for buffers or operational restrictions, and comparative examples from other jurisdictions for review at a future meeting. No final local ordinance was adopted tonight; action to adopt code changes will follow public hearings and council action.