Park City reforms child care rules to address local provider shortage

Photo: Markus Spiske

PARK CITY, Utah — The Park City Planning Commission on Thursday approved a set of regulatory changes aimed at expanding child care options and addressing what some commissioners described as a “child care desert” in the community.

The amendments to the Land Management Code streamline the approval process for child care facilities, reduce parking requirements, and align local regulations with state standards. The commission voted unanimously to forward a positive recommendation to the City Council for consideration on June 5.

Key reforms include expanding in-home babysitting to accommodate up to eight children without requiring a license, reflecting recent state regulatory changes. The amendments also reclassify facilities currently requiring conditional use permits to an administrative process reviewed by the planning director rather than the commission.

The changes introduce more flexibility for parking arrangements, including exemptions for historic buildings and options for alternative parking solutions — provisions officials hope will remove significant barriers for prospective providers.

Some debate centered on whether larger developments should include child care facilities. The commission removed a rule that could force developers to include child care centers in major projects, sparking concern from some members.

“This seems counter to our goal to create more child care in the city,” said Commissioner John Frontero. “We’re suggesting that we soften the requirement to provide child care in MPDs.”

City attorney Mark Harrington explained they couldn’t legally justify forcing developers to include child care spaces without clearer standards.

“In order to require something or exact space out of a project, or demand it, you have to have a Nexus and a reason and a standard. And to date, you haven’t had one, and we can’t find an example of where that’s been justified legally,” he said.

Commissioner Souser expressed disappointment at the change, noting the community’s ongoing struggle with child care availability.

“I hear almost daily what a child care desert we live in, and how hard it is for people to get their kids into child care,” Souser said. “I think it’s unfortunate that we can’t tie it to an MPD.”

Other commissioners suggested the remaining provisions would better address the shortage by focusing on practical barriers.

“Going through administrative CUPs, being able to have more parking exceptions, those are the things that are going to drive it more than these MPDs,” said Commissioner Christin Van Dine.

The planning department noted a December 2022 code update made child care an accessory use that wouldn’t count against a project’s unit equivalents, providing an incentive rather than a mandate for developers.

The changes are expected to take effect later this summer, pending City Council approval.