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3880 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday March 11th 2024
at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes of February 26th, 2024
4. Public Hearing
a) 10997 32nd St Variance and Lot Division. David Schmoeckel and Sarah Johnson have
submitted variance and lot division applications to split the property located at 10997
32nd St N. The request would split the lots back to how they were originally platted, Lot 9
and Lot 10 of Lake Elmo Park. The variances are required due to the existing structure
setbacks and lot dimensions.
b) 5193 Keats Ave Zoning Text Amendment and Comprehensive Plan Amendment. Melvin
Ashford with Minnesota Women’s Care has submitted a zoning text amendment to
include the land use, birth center, as a conditional principal use and postpartum care as a
conditional accessory use along with development standards and definitions. The
Applicant also submitted a comprehensive plan amendment to reguide the property at
PIDs 0202921330001, 0202921310001, and 0202921340003 from Ag Preserve to Rural
Area Development since the Ag Preserve Agreement has expired.
5. New and Unfinished Business
a) N/A
6. Communications and Updates
a) City Council Updates 3-6-2024
i. Planning Commission Work Plan
ii. Stillwater Schools Comprehensive Plan Amendment and Rezoning
iii. CEF Solar Conditional Use Permit Extension
b) 2024 Planning Commission Handbook
c) Upcoming Meetings
i. March 25th 2024
ii. April 8th 2024
7. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations
to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if
you are in need of special accommodations.
Lake Elmo Planning Commission Meeting Minutes: 2-26-24
City of Lake Elmo Planning Commission Meeting
City Council Chambers – 3880 Laverne Avenue North
Minutes of Regular Meeting of
February 26, 2024
CALL TO ORDER: Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m.
COMMISSIONERS PRESENT: Risner, Bohlig, Geffre, Rehkamp, Steil
COMMISSIONERS ABSENT: Vrieze
STAFF PRESENT: Community Director Jason Stopa, City Planner Sophia Jensen
Pledge of Allegiance at 7:00 PM
Approve Agenda:
M/S/P: Steil / Geffre made a motion to amend the agenda by removing item 4b. Vote: 5-0, motion carried unanimously
M/S/P: Bohlig / Rehkamp made a motion to approve the amended agenda. Vote: 5-0, motion carried unanimously
Approve Minutes:
M/S/P: Steil / Geffre made a motion to approve the 2-12-24 meeting minutes. Vote: 5-0, motion carried unanimously.
PUBLIC HEARING
a) Peanut Poppy’s Ranch Minor Subdivision and Easement Vacation. Lucy Wegscheider has submitted a minor
subdivision application and easement vacation application to consolidate seven parcels (PIDs:
11.029.21.21.0001, 11.029.21.22.0002, 02.029.21.34.0005, 02.029.21.34.0001, 02.029.21.33.0004,
11.029.21.21.0002, 11.029.21.0003) and vacate existing roadway easements which would then be split into
two parcels with new road right of way dedicated.
City Planner Jensen gave presentation.
Susannah Torseth, Attorney at Law for the applicant, spoke and was available to answer questions.
M/S/P: Bohlig / Steil moved to open the public hearing at 7:07 PM. Vote: 5-0, motion carried unanimously.
Public Comments: None
M/S/P: Steil / Geffre moved to close the public hearing at 7:07 PM. Vote: 5-0, motion carried unanimously.
M/S/P: Steil / Geffre moved to recommend approval of Peanut Poppy’s Ranch minor subdivision and easement vacation
request based on the findings of fact and conditions presented in the staff report. Vote: 5-0, motion carried unanimously.
New/Unfinished Business
i. CEF Solar Farm Conditional Use Permit Extension Request
City Planner Jensen gave presentation.
Applicant Dan Grantier, 5027 36th Ave S, Minneapolis, spoke and was available to answer questions.
M/S/P: Geffre / Rehkamp moved to recommend approval of an extension of the Conditional Use permit deadline for the
CEF Solar Farm project to July 4th 2024. Vote: 5-0, motion carried unanimously.
Lake Elmo Planning Commission Meeting Minutes: 2-26-24
Communications/Updates - City Council Updates
i. At Home Apartments
ii. Housekeeping Amendments Pt 2
Upcoming Meetings
i. March 11th 2024
ii. March 25th 2024
Meeting adjourned at 7:15 PM.
Respectfully submitted,
Diane Wendt
Permit Technician
STAFF REPORT
DATE: 3/11/2024 ITEM#: 4a – PUBLIC HEARING
MOTION TO: Planning Commission FROM: Sophia Jensen, City Planner AGENDA ITEM: Variances and Lot Division – 10997 32nd Street North
INTRODUCTION:
David Schomokel and Sarah Johnson (the ‘Applicants’) have submitted a variance and lot
division application for the property located at 10997 32nd Street North (the ‘Property’). The property was originally platted as lot 9 and lot 10 of Lake Elmo Park in 1911 and was consolidated into one lot by prior owners. The property is currently under split ownership with two primary dwellings and separate utility stubs (sewer and water). The applicants are looking to
split the property back to Lot 9 and Lot 10 for ownership purposes. City Staff is generally supportive of this request since two dwelling units on a single property is prohibited in the rural single family (RS) zoning district. Below is a table of the variances are required for this lot division:
Required Existing Proposed Lot Width (Lots 9 and 10) 75’ ~120’ Lot 9 – 60.88’ Lot 10 – 59.87’ Lot Area (Lots 9 and 10) 20,000 Sq Ft 34,329 Sq Ft Lot 9 – 17,369 Sq Ft Lot 10 – 16,961 Sq Ft
Structure Setback (Lot 9) 10’ 5.5’ 5.5’
Accessory Structure Setback (Lot 9) 10’ 3.1’ 3.1’ ISSUE BEFORE PLANNING COMMISSION: The Planning Commission is being asked to hold a public hearing, review, and make a
recommendation on the variance and lot division requests. VARIANCE REQUEST DETAILS/ANALYSIS: Address: 10997 32nd Street North PID:
Lot Area:
13.029.21.33.0027
0.8 Acres
Existing Zoning: Comprehensive Plan:
Rural Single Family (RS), Shoreland Overlay District, Valley Branch Watershed District Rural Single Family Sewered (RSFS) Surrounding Zoning: North: Rural Single Family (RS) and Shoreland Overlay
South: Lake Elmo Lake East: Rural Single Family (RS) and Shoreland Overlay West: Rural Single Family (RS) and Shoreland Overlay Deadline for Action: Application Complete – 2/12/2024 60 Day Deadline – 4/12/2024
120 Day Notice Sent – 2/15/2024 120 Day Deadline- 6/11/2024
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Applicable Regulations: Article V - Zoning Administration and Enforcement
Article XI – Rural Districts
Article XIX – Shoreland Overlay District REVIEW AND ANALYSIS/DRAFT FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in
Lake Elmo City Code Section 105.12.320 before the City may grant an exception or
modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the
Board of Adjustment upon the application by the owner of the affected property where the
strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a reasonable manner
not permitted by an official control. FINDINGS: The applicants are proposing to split the property and maintain the single-family dwelling unit on each lot. The property already has separate utility stubs and access
points. Dividing the lot would make the property consistent to how it was originally platted
as Lot 9 and Lot 10 of Lake Elmo Park and clarify ownership.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner.
FINDINGS: The current property owners did not consolidate the parcels. Rural Single
Family (RS) zoning does not permit two primary dwelling units on a single parcel. By dividing the lots, the applicant would be making the parcel more conforming with the RS zoning district.
3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: No construction or alteration of structures is proposed with this request. Since
the proposal is adding a single property line, the essential character should not be negatively
impacted.
4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially
increase the congestion of the public streets or substantially diminish or impair property
values within the neighborhood. FINDINGS: The property is to remain in two single family dwelling units. The variances should not negatively impair adjacent properties, property values, or increase congestion on
the public street.
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City Staff has also reviewed the DNRs regulations on nonconforming lots in shoreland areas and
the request meets the four requirements outlined below:
1. The proposed lots are at least 66% of the lot area and width requirements. 2. The Lots are connected to City Sewer. 3. Neither lot exceeds 25% impervious surface. 4. The request is consistent with the Comprehensive Plan.
CITY AGENCY REVIEW: This request was distributed to several departments and agencies for review on March 1st 2024. The following departments provided comments:
• Valley Branch Watershed District (2/16/2024) Indicated a permit would be required.
• Fire Department Email (2/27/2024) provided comments regarding the address numbers of the lots. A condition regarding addressing has been added based on this commentary.
• City Engineer Email (3/1/2024) Noted that each property is connected to sewer, noted a
condition of approval for private systems, easement encroachment, and curb cuts. Staff notes that that each home is connected to sewer and water. Easements are proposed to be dedicated equally for each lot. Conditions of approval are included for easement encroachments and driveway access removal.
• MN DNR – Did not provide any comments.
PUBLIC COMMENT: A hearing notice was sent to surrounding properties on February 28th, 2024. A hearing notice was published in the local newspaper on March 1st, 2024. No public comment has been received.
FISCAL IMPACT: None RECOMMENDED CONDITIONS OF APPROVAL
1. To comply with the DNR nonconforming shoreland lots, neither property shall exceed
25% impervious surface with any current or future development. 2. The structure setback variances apply only to the existing garage and house on Lot 9. Any expansion, modification beyond typical maintenance, or new construction of either structure must meet zoning district setbacks and may not encroach easements.
3. The applicant must obtain all other necessary City, State, and other governing body
permits prior to release of the lot division for recording with the County. 4. The driveway segment and curb cut removal shall be completed prior to release of the lot division for recording with the County. 5. The address 10997 32nd Street North shall be assigned to Lot 9.
6. The Applicant shall work with the City and County to assign a new address to Lot 10.
7. Building address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background. OPTIONS:
The Planning Commission may:
• Recommend approval of the variance.
• Recommend approval of the variance with conditions.
• Recommend denial of the variance, citing recommended findings of fact for denial.
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RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the request with conditions.
“Move to recommend approval of the lot division and variance requests from David Schomokel and Sarah Johnson for the property located at 10997 32nd Street North with the conditions listed in the staff report.” ATTACHMENTS: 1) Location Map 2) Land Use Application
3) Written Statement 4) Proposed Conditions Survey 5) Existing Conditions Survey 6) VBWD Email 2/16/2024 7) Fire Department Memo 2/27/2024
8) City Engineer Memo 3/1/2024
32ndStreetNorth
32ndStreetNorth
11033 11055
3250
10949 10961 10975 10997 11015
ArcGIS Web AppBuilder
Parcels
DNR Protected Waters ID
3/1/2024, 12:06:35 PM
0 0.01 0.020.01 mi
0 0.02 0.040.01 km
1:1,128
Washington County, MN |
2. A. Current property owners are: David R. Schmoeckel and Sarah P. Johnson
We inherited the property from Roy & Betty Schmoeckel.
B. Legal Description: Lots Nine (9) and Ten (10), Block One (1) of LAKE ELMO PARK
Parcel #13.029.21.33.0027
Parcel size: Lot 9: 17,368 sq.ft. 0.399 Acres
Lot: 10 16,961 sq.ft. 0.389 Acres
Use: Residential Non-Homestead Zoned: Residential
C. Seeking a variance for:
Lot 9:
Variance for House Side Yard Setback 105.12.630 Table 9-2
Variance for Accessory Side Yard Setback 105.12.630 Table 9-2
Variance for Lot Area 105.12.1260 Table 17-3
Variance for Lot Width 105.12.1260 Table 17-3
Lot 10:
Variance for Lot Area 105.12.1260 Table 17-3
Variance for Lot Width 105.12.1260 Table 17-3
D. Proposed Variance:
Lot 9:
Side Yard Setback is 5.5 feet and should be 10 feet
Accessory Side Yard Setback is 3.1 feet and should be 10 feet
Lot Area is 17,368 sq.ft. and should be 20,000 sq.ft.
Lot Width is 60.88 and should be 75 ft.
Lot 10:
Lot Area is 16,961 sq.ft. and should be 20,000 sq. ft.
Lot Width is 59.87 and should be 75 ft.
E. We met with Sophia Jenson on January 29, 2024 to get applications and discuss our
request for a variance. She also emailed us additional information on January 30.
F. This situation is unique in that it is one parcel with 2 single-family houses, each with
separate city water and sewer. A lot division would allow each owner to maintain their own
house. David would own the house on lot 9 and Sarah would own the house on lot 10.
G. The current owner did not combine the lots.
H. (a) Granting of the variances and lot division would not physically change the property.
The only change would be to a property line between lots 9 & 10. No buildings would change.
Each lot would be the same size as originally platted, the approximate same size as the majority
of the adjacent lake lots.
(b) Also, the change would not encroach on neighboring properties or affect traffic or the
essential character of the neighborhood because the use would not change.
From:John P. Hanson
To:Sophia Jensen
Subject:RE: Lake Elmo Land Use Review - February 3rd Batch
Date:Friday, February 16, 2024 5:14:20 PM
Attachments:image002.png
Caution: This email originated outside our organization; please use caution.
Hi Sophia,
The “Variance and Lot Division: David Schmoeckel and Sarah Johnson” project requires a
VBWD permit. All subdivisions, plats, developments, and lot-line modifications require VBWD
permits.
It appears the current request for the properties at Clear Lake are for re-zoning. Re-zoning does not
require a VBWD permit. However, the submitted narrative discusses constructing a “postpartum
care center.” That activity might require a VBWD permit. The applicant should be aware that
several, possibly all, of the existing structures on parcel 0202921330001 are within the FEMA-
mapped 100-year flood inundation area of Clear Lake. VBWD requires the minimum floor elevation
of new structures to be at least 2 feet higher than the adjacent water’s 100-year flood level.
John
John P. Hanson, PE
Valley Branch Watershed District Engineer Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org
LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL
Fire Prevention, Code Enforcement, and Public Education
“Proudly Serving Neighbors and Friends”
February 27, 2024
Sophia Jensen, Planner
City of Lake Elmo
Re: Variance and Lot Division: 10997 32nd St N
Prepared by: Anthony Svoboda, Fire Marshal
Approved by: Dustin Kalis, Fire Chief
Applicable Codes:
• 2020 Minnesota State Fire Code
• 2020 Minnesota State Building Code
• Lake Elmo Fire Department Fire Code Policies
• NFPA 13, 2016 edition
• NFPA 13D, 2016 edition
Fire Department Comments:
Addressing
The fire department requests that the address number be reassigned to correlate with the following:
10997 32ND ST N: West property site.
New Address 32ND ST N: East property site.
Questions, clarifications, or the request to provide code documents can be made using the contact information listed
below.
Respectfully,
PAGE 1 of 1
MEMORANDUM
Date: March 1, 2024
To: Sophia Jensen, City Planner Re: Variance and Lot Division
Cc: Jason Stopa, Community Development Director 10997 32nd Street North
Chad Isakson, PE, Assistant City Engineer
From: Jack Griffin, PE, City Engineer
Land Use Application received February 16, 2024.
Variance: David Schmoeckel and Sarah Johnson have submitted variance and lot division application to split the
property located at 10997 32nd Street North. The request would split the lots back to how they were originally
platted, Lot 9 and Lot 10 of Lake Elmo Park. The variances are required due to the existing structure setbacks and
lot dimensions.
1. Sanitary sewer and watermain services have been recently installed as part of the Old Village Phase 5 and
6 Improvements. A dedicated sewer and water service is currently in place to serve each of the future Lots
9 and 10. There are no concerns regarding these services as part of this lot split.
2. Private water/sewer services are not shown for each Lot. Lot Division Approval should be conditioned on
the private water/sewer services for each Lot, connecting from the House to the public right‐of‐way, being
aligned entirely on each respective lot, or private easements must be exchanged between Lots 9 and 10 to
ensure each lot retains full rights and access to its utility services.
3. Lot easements have been shown for both Lots, providing 10 ft. drainage and utility easements as required
along 32nd Street, and 5 ft. side yard easements.
The Lot 9 existing garage encroaches the side yard easement, leaving an effective side yard easement
of only 3.1 ft. It is recommended that additional easement be provided on Lot 10 to provide a total
combined side yard easement of 10 ft, or the Lot lines should be redrawn (use of flag lot, etc.) to ensure
a total combined 10 ft side yard easement free from encroachments.
4. Existing conditions show a U‐shaped driveway passing though from Lot 9 to Lot 10. Lot Division Approval
should be conditioned on the removal of the U‐shaped driveway, disconnecting Lots 9 and 10. It is further
recommended that Lot 10 be required to remove the secondary driveway curb cut to 32nd Street.
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STAFF REPORT DATE: 3/11/2024 Item#: 4b – Public Hearing
Motion TO: Planning Commission
FROM: Sophia Jensen, City Planner
Nathan Fuerst, AICP, Consulting Planner
AGENDA ITEM: Public Hearing - Birth and Haven Proposal – Comprehensive Plan and Zoning Text Amendments
REVIEWED BY: Jason Stopa, Community Development Director Jenni Faulkner, Senior Consulting Planner
BACKGROUND: Minnesota Women’s Care, PLLC (the “Applicant”), has purchased three contiguous parcels north
of Clear Lake with the intent to establish a birth center and postpartum care center on the property.
The property is directly accessed off Keats Ave. N. In total, the site area is just over 60 acres with around 10 acres below the OHWL of Clear Lake. After the purchase of the property, the Applicant contacted the City to communicate plans for
improvements on the property and to ask questions about the establishment of the proposed land use. Staff identified a need to amend the City’s Code, which broadly defines medical uses, in addition to amending the Agricultural district to allow the proposed uses. Two requests are being processed concurrently by the City at this time:
• Comprehensive Plan Amendment – Remove the property’s designation as Agricultural Preserve (AP), and reguide the parcels to Rural Area Development (RAD).
• Zoning Text Amendment – Amend the Agricultural (A) zoning district to permit the uses proposed by Minnesota Women’s Care.
If the proposed comprehensive plan and zoning text amendments are approved, the Applicant would then need to apply for a conditional use permit which would require a public hearing and review by the Planning Commission and City Council. At that time, the City may add conditions it feels are necessary to mitigate concerns. The Applicant would also be required to go through any
additional licensing required by the State of Minnesota or Washington County. ISSUE BEFORE THE PLANNING COMMISSION: The Planning Commission is being asked to hold a public hearing and make a recommendation to the City Council on the proposed Comprehensive Plan Map and Zoning Text Amendments.
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GENERAL INFORMATION:
Applicant: Melvin Ashford, Minnesota Women’s Care
Property Owner: Minnesota OBGYN, PLLC
Address: 5193 Keats Ave N
PID#s: 0202921330001, 0202921310001, and 0202921340003
Comp. Plan: Agricultural Preserve (AP)
Current Zoning: Agricultural (A)
Deadline: Application Complete – 2/16/2024 60 Day Deadline – 4/16/2024 Extension Letter Sent– 2/24/2024 120 Day Deadline – 6/15/2024 PROPOSAL ANALYSIS: Comprehensive Plan Amendment If the use of the property is changed, the Applicant must seek the removal of this property from
the Agricultural Preserve (AP) future land use classification. That future land use is intended for
properties with agreements in place that preserve the land from development or non-agricultural use. Purpose of Agricultural Preserve designations (per Met Council):
Minnesota Statutes § 473H established the Metropolitan Agricultural Preserves Program
(Program) in 1980 to encourage and preserve areas planned and zoned for long-term
agricultural use within the seven-county metropolitan area. The purpose of the statute is to encourage the use and improvement of the metropolitan area’s agricultural lands for producing food and other agricultural commodities. It establishes a local planning process
to designate agricultural areas as a long-term land use and provides benefits to maintain
viable, productive farm operations. The Applicant’s title company has submitted evidence, which City Staff have substantiated with the Washington County Property Record’s office, that the agreement for this property to be
included in the Agricultural Preserve program has expired. The Agricultural Preserve restrictive
covenants have been removed from the property’s title. Since there is no agreement or requirement to keep this property within the program, staff have advised that a Comprehensive Plan Amendment is required to remove that designation in the City’s Comprehensive Plan.
The new future land use designation should be Rural Area Development (RAD) to be consistent
with the surrounding rural areas and existing zoning district. While most development in land classified as RAD is residential in nature, there are numerous locations across the community, including along the Highway 36 corridor, and southwest of the Lake Elmo Preserve, where both agricultural and nonagricultural commercial uses are taking place.
Staff discussed this proposed comprehensive plan amendment with the Met Council staff and determined the Applicant’s use can conform with the RAD future land use classification provided that it is found consistent with the City’s Agricultural zoning district.
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Land Use Review
The Applicant is proposing to amend uses permitted within the City’s Agricultural (A) zoning
district. Below is the purpose of the agriculture (A) zoning district from LEC 105.12.610(b):
Agricultural District will apply to agricultural or undeveloped areas in the city, including
any newly annexed areas. The purpose of the district is to allow for agricultural and other
activities typically associated with agriculture, including non-farm dwellings at a density
of one unit per 40 acres. Future residential development may occur at the aforementioned
density or through the open-space preservation development process. These parcels are
expected to be served by on-site wastewater treatment facilities. In addition, some limited
agriculture-related businesses, such as wayside stands and outdoor recreation, are
appropriate short-term or interim uses for this district.
Staff have required that the Applicant provide narrative and information on the proposed land uses. Fundamentally, this request breaks into two separate land uses proposed to be on the same site. Those uses are described using the applicant’s narrative, below:
1. Birth Center:
An accredited freestanding birth center offers pregnant women an option for a place to give birth in a residential-type setting, away from their own home, where they can have the benefit of being attended by professional nurses and midwives. Birth centers avoid the
use of pharmaceutical and surgical intervention in delivery, with an emphasis on letting
the natural processes of birth take place. When a complication that requires more drastic
intervention happens for a laboring patient at a birth center, the patient is transferred to a nearby hospital for continuing care. Such intrapartum transfers occur in between 2-10% of birth center births and are most successful when occurring in an integrated healthcare
system where the birth center works in coordination with other providers of obstetric care
2. Postpartum Recovery Care Center: In addition to the birth center, we propose the addition of a postpartum recovery care center on the same site. In the proposed use of the property at 5193 Keats, this would
operate in conjunction with the birth center to offer new parents a place to recuperate and
rest following delivery. Currently, regulations for birth centers require patients to check
out within 6 hours of delivery, to go home with their new infant. However, many new parents would benefit from having an option for a place to go and acclimate to parenthood in a supportive environment where they would still have access to care
professionals including midwives, lactation consultants, and people equipped to look after
the baby while parents catch up on needed rest.
Birth Centers are regulated by Minnesota State Statutes, Section 144.615, and are defined as follows:
"Birth center" means a facility licensed for the primary purpose of performing low-risk deliveries that is not a hospital or licensed as part of a hospital and where births are
planned to occur away from the mother's usual residence following a low-risk pregnancy.
Minnesota statutes regulating Birth Centers create a licensing process which involves an
application process, requirement of certification by the Commission for the Accreditation of Birth
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Centers (CABC), requires yearly renewals. If Birth Centers lose their CABC accreditation, or do
not meet the State’s other standards for licensure, they are subject to losing their license.
In a review of metro area zoning ordinances related to the two proposed uses, staff only identified
the use, birth center, in the City of Minneapolis’ zoning ordinance within the use group of medical
facilities. It is likely that this use, while not defined in area codes, is categorized similarly by most
communities. The City of Lake Elmo’s definition for medical facilities (LEC 105.12.110) would
appear to include the use, birth center:
Medical facilities means establishments engaged in providing diagnostic services,
extensive medical treatment (including surgical services), and other hospital services, as
well as continuous nursing service, including general medical and surgical hospitals,
specialty hospitals, medical laboratories, bio-medical research and development,
outpatient care facilities, medical schools and associated dormitories, medical appliance
sales, and similar uses, but not including animal hospitals.
Staff are unaware of any land use controls specific to the proposed use of postpartum care center.
It is more likely that use would be treated as a type of short term accommodation which is defined
as transient lodging in Lake Elmo’s City Code (LEC 105.12.110).
Transient accommodations, lodging, means establishments in which lodging is provided
and offered to the public for compensation, and which is open primarily to transient
guests, as distinguished from semi-transient boarding or rooming facilities. Typical uses
include hotels, motels, and inns. Meeting and restaurant facilities may be included
accessory to this use type. Condominium-hotels shall be considered as a type of transient
accommodation.
Another use that could be considered similar but not entirely applicable is nursing and personal
care which is defined as follows in Lake Elmo’s City Code (LEC 105.12.110):
Nursing and personal care means establishments primarily engaged in providing
intermediate or long-term nursing and health related care to individuals, typically
classified as nursing homes.
Minnesota Women’s Care advertises locations in several metro area communities; however those
locations are clinical in nature and located in highway commercial areas of Maplewood,
Woodbury, and Apple Valley.
PROPOSED TEXT AMENDMENT LANGUAGE: The City must determine whether the proposed land uses are acceptable in the zoning district they are proposed. Staff is suggesting consideration of the proposed uses in the Agricultural district and
a birth center in districts where medical facilities are currently a permitted or conditional use. The Applicant’s requests are found in the attachments to this report, however, staff are proposing to modify those requests to better fit with the form of the City’s ordinance. Proposed amendments are shown in the ordinance language appended to this report. Text with red strikethrough text is to
be deleted, text with blue underlined text is to be added.
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A summary of the changes to Lake Elmo City Code Sections is below:
• 105.12.110 – Zoning Use Types And Classifications:
o Definition of medical facility modified, and transitional care facility added.
• 105.12.410 – Off Street Parking: o Parking requirement for transitional care facility added: “2 spaces per suite, plus
one space per employee on the largest work shift.”
• 105.12.510 – Standards For Services: o Birth Centers added under medical facilities (c) with the following requirements:
No birth center shall be established, operated, or maintained in the City
without first obtaining a license from the State of Minnesota.
If established in a Rural District, no birth center shall contain more than
four (4) patient rooms and must contain at least three (3) parking spaces per
birthing suite.
o Postpartum recovery care center added with the following requirements:
The minimum lot area of the underlying zoning district must be met.
If established in a Rural District,
• Parking areas must be fully screened from surrounding properties.
• Two principal buildings may only be permitted with a minimum lot
area of 40 acres.
• All impervious surfaces on the property must not exceed 15%.
• All structures must be 200’ from any surrounding residential
property.
• 105.12.620 – Permitted, Conditional, and Interim Uses
o Birth center added as conditional principal use only permitted in the Agricultural
district.
o Postpartum care center added as conditional accessory use only permitted in the
Agricultural district.
FINDINGS AND CONDITIONS: This is a legislative decision, and the Planning Commission has the most discretion in amending its comprehensive plan and zoning ordinance. The Planning Commission should think broadly
about implications of changing the Comprehensive Plan and Zoning Ordinance. Discussion should focus on other parcels that may have the same use or similar uses that need consideration. The Commission should also discuss conditions or circumstances under which the proposed use type would be allowed or not allowed. Comprehensive Plan Amendment Findings. 1. That the applicant has submitted a request to the City of Lake Elmo to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and the Lake Elmo Planning Commission; and
2. That the request is to amend the Future Land Use Map to change the subject property from
Agricultural Preserve (AP) to Rural Area Development (RAD); and 3. The Property is no longer enrolled in the Agricultural Preserve program and restrictive covenants have been removed from the title.
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4. That the proposed amendment is consistent with the overall goals and objectives of the Lake Elmo Comprehensive Plan.
Comprehensive Plan Amendment Condition(s): 1. The comprehensive plan amendment is not in effect until approved by the Met Council. Zoning Text Amendment Findings:
In order for the zoning text amendment to be approved, the City must find:
1. The proposed uses are consistent with the Agriculture Zoning District; and 2. The proposed uses are consistent with the Future Land Use Definition in the City’s Comprehensive Plan.
Zoning Text Amendment Condition(s):
Not suggested. PUBLIC HEARING: A public hearing was sent to surrounding property owners on February 27th 2024 and published in
the City’s official newspaper on March 1st 2024. No public comment has been received at this
time. FISCAL IMPACT: There is no fiscal impact to the City at this time. Sites that may develop with the proposed use
would be required to conform to applicable standards, with infrastructure connections made at the
expense of an Applicant. OPTIONS:
• Recommend approval of the proposed amendments.
• Recommend changes to the proposed amendments.
• Recommend denial of the proposed amendments.
RECCOMENDATION:
Staff suggest the Planning Commission recommend approval of the Comprehensive Plan Amendment to reflect that the property is no longer in the Agricultural Preserve Program. Staff suggest the Planning Commission recommend approval of the zoning text amendments, with any modifications, to the City Council.
Example Motion: “Move to recommend approval of the comprehensive plan amendment for the property from Agriculture Preserve (AP) to Rural Area Development (RAD) with conditions listed in the staff
report.”
“Move to recommend approval of the zoning text amendments requested by Minnesota Women’s Care as proposed by City Staff.”
ATTACHMENTS:
• Proposed Text Amendments
• Site Location Map
• Applicant Narrative and Supplemental Materials
Zoning Code Text Amendments – Birth and Haven
105.12.110 Zoning Use Types And Classifications
(b) Use types and classifications.
(3) Services.
Birth center, means a facility licensed for the primary purpose of performing low-risk
deliveries that is not a hospital or licensed as part of a hospital and where births are
planned to occur away from the mother's usual residence following a low-risk pregnancy.
Business center means a building or group of buildings planned, constructed, and managed as a
total entity, with common on-site parking for a group of commercial service establishments, with
office uses also permitted. In the central business district, the requirement for common on-site
parking need not be met in order to classify a development as a business center.
Business services means establishments primarily engaged in rendering services to business
establishments on a fee or contract basis, such as advertising and mailing, building maintenance,
office equipment rental and leasing, photo finishing, business supply services, and computer
programming/data processing services.
Communication services means establishments primarily engaged in the provision of
broadcasting and other information relay services accomplished through the use of electronic and
telephone mechanisms. Excluded from this use type are facilities classified as essential services
or broadcasting and communications towers. Typical uses include television studios,
telecommunications service centers, telegraph service offices or film and sound recording
facilities.
Educational services means establishments engaged in furnishing specialized academic or
technical courses, normally on a fee basis, such as vocational or correspondence schools, barber
college, data processing schools, or secretarial schools, along with non-degree granting schools
such as post-secondary colleges and universities, martial arts, music, art, ceramic, and dramatic,
schools, and dance instruction.
Financial institution means provision of financial and banking services to consumers or clients.
Walk-in and drive-in services are generally provided on site. Typical uses include banks, savings
and loan associations, savings banks, credit unions, lending establishments, and drive-up
automatic teller machines (ATMs).
Funeral home means establishments engaged in undertaking services such as preparing the dead
for burial, and arranging and managing funerals. Typical uses include funeral homes or
mortuaries.
Lodging. See Transient accommodations.
Medical facilities means establishments engaged in providing diagnostic services, extensive
medical treatment (including surgical services), and other hospital services, as well as continuous
nursing service, including general medical and surgical hospitals, specialty hospitals, medical
laboratories, bio-medical research and development, outpatient care facilities, birth centers as
defined by state statutes, medical schools and associated dormitories, medical appliance sales,
and similar uses, but not including animal hospitals.
Membership organization means organizations operating on a membership basis for the
promotion of the interests of the members included such uses as trade associations, business
associations, professional membership organizations, labor unions, civic or fraternal
organizations, but not including churches, hospitals, golf and country clubs, or credit unions.
Nursing and personal care means establishments primarily engaged in providing intermediate or
long-term nursing and health related care to individuals, typically classified as nursing homes.
Offices means a building or portion of a building used for office purposes by a business, service,
professional, or institutional establishment, including medical offices or clinics, studios for those
involved in art, sculpture, music, and the like, and all other establishments similar in character.
Personal services means establishments primarily engaged in providing services involving the
care of a person or his apparel, such as barber shops, clothing rental, salons and health clubs,
photographic studios, cleaning and garment services (but not including power laundries or dry
cleaning plants) or coin-operated laundries.
Repair and maintenance shop means establishments engaged in miscellaneous repair services,
primarily of household-oriented products such as radios, televisions, washers and dryers, furniture
(including re-upholstery), small engine repair, bicycles, or locksmiths.
Self-service storage facility means an establishment designed and utilized for the purpose of
renting or leasing individual storage spaces to tenants who have sole private access to such space
for storing personal property.
Trade shop means any lot, land, building, or structure that serves as the headquarters for
contractors involved in specialized activities such as plumbing, painting, plastering, masonry,
carpentry, roofing, well drilling, landscaping and the like, where tools, equipment and materials
used in the business are stored. The category also includes establishments involved in specialized
trades such as sheet metal, sign painting, drapers, and exterminators.
Transient accommodations, lodging, means establishments in which lodging is provided and
offered to the public for compensation, and which is open primarily to transient guests, as
distinguished from semi-transient boarding or rooming facilities. Typical uses include hotels,
motels, and inns. Meeting and restaurant facilities may be included accessory to this use type.
Condominium-hotels shall be considered as a type of transient accommodation.
Transitional care facility means A residential facility which undertakes through its ownership or
management to provide on a 24 hour per day basis, personal care services and health related care
and services, for each of its residents. Limited medical supervision may be provided by licensed
or qualified persons, to persons who require such assistance, but who do not require the degree of
care and treatment that a nursing home or hospital provides, excluding group residential facilities
and halfway houses as defined in City Code.
Transportation services means establishments furnishing services related to the arrangement of
persons and goods movements, such as freight forwarding, parking services or the rental/leasing
of automobiles or two-axle trucks.
Veterinary service means establishments engaged in the practice of veterinary medicine, dentistry
or surgery, along with those providing animal related services such as kennels, grooming, or
breeding services.
105.12.410 Off-Street Parking
Table 5-2: Specific Minimum Off-Street Parking Requirements
Use Minimum Parking Requirement Notes
Transitional care facility 2 spaces per suite, plus one space per employee on the largest work shift Shared amenities may require additional parking as defined by the use in this table.
105.12.510 Standards For Services
(a) Educational services. Except in the industrial districts, all typical activities shall be conducted within
an enclosed building.
(b) Farm Schools. Public and Private.
(1) The minimum lot area required for a farm school shall be nine (9) acres.
(2) An affiliate of the school must live on site as a permanent resident.
(3) The site must have primary access to a roadway that is not classified as a neighborhood street or a
“B Minor” in the Comprehensive Plan.
(4) All parking must be contained on site. Parking must adhere to the standards set forth in LEC
105.12.410 of this Chapter.
(5) Student drop off and pick up must occur on site.
(6) The buildings on the site that are intended for use by the school must meet all applicable building
and fire code requirements for the proposed use.
(7) The buildings on site that are intended for use by the school will be subject to an inspection and
review by the City Building Official and the Fire Chief to ensure that they meet all applicable
building and fire code requirements. The applicant must have a pre-application meeting on site
with the Building Official before final submission of the conditional use permit application and
any other land use applications needed.
(8) The school must comply with the applicable requirements of the U.S. Department of Education
and the Minnesota Department of Education.
(9) The septic system on the site must be inspected and approved by the county. It must be verified
with the county that the site can functionally support the allotted number of students and staff at
the school.
a) The septic system approval/review documentation from the county must be provided by the
applicant to the city with the application materials.
(10) Any structural additions and modifications, if desired, must be structurally similar by
design and be similar in color to the existing structure. Any new structures must be structurally
similar in design and be similar in color to the existing structures on the site. All structures must
have a residential appearance.
(11) There shall be no overnight school activities on the site.
(12) There shall be no more than twenty-five students on the site at one time.
(13) All school assemblies and activities (such as plays, concerts, parent-teacher conferences,
etc.) that are held on the site must be conducted Monday through Friday. All school assemblies
and activities desired outside of this time frame must be conducted off site.
(14) A half mile separation shall be required between all farm schools.
(c) Medical facilities. The facility shall have access to an arterial or collector street of sufficient capacity
to accommodate the traffic that the use will generate. A minimum of two access points shall be
provided.
(1) Any new hospital or expansion of an existing hospital shall submit a master plan that shall
describe proposed physical development for at least a ten-year period, and shall include a
description of proposed development phases and plans, estimated dates of construction and
anticipated interim uses of property.
(2) Landing pads for helicopters involved in emergency rescue operations, and helicopter flight paths
shall meet all applicable federal and state requirements.
(3) Birth Centers.
a) No birth center shall be established, operated, or maintained in the City without first
obtaining a license from the State of Minnesota.
b) If established in a Rural District
1. Birth Center shall be the only medical facility permitted in a rural district.
2. Birth centers are not required to be located on an arterial or collector, or to have two
access points.
3. No birth center shall contain more than four (4) patient rooms and must contain at least
three (3) parking spaces per birthing suite.
4. Parking areas must be fully screened from surrounding properties.
5. All impervious surfaces on the property must not exceed 15%.
6. All structures must be 200’ from any surrounding residential property.
(d) Nursing and personal care.
(1) To the extent practical, all new construction or additions to existing buildings shall be compatible
with the scale and character of the existing building and surrounding neighborhood.
(2) The site shall maintain a minimum of 50 square feet of green space per resident, consisting of
outdoor seating areas, gardens and/or recreational facilities. In cases of unique circumstances, the
city may consider public parks or plazas within 300 feet of the site to meet this requirement. It is
the responsibility of the applicant to demonstrate why the green space cannot be located on site.
(3) An appropriate transition area between the use and adjacent property may be required, to include
landscaping, screening and other site improvements consistent with the character of the
neighborhood.
(e) Transitional care facility.
(1) The minimum lot area of the underlying zoning district must be met.
(2) No transitional care facility shall contain more than ten (10) guest rooms.
(3) If established in a Rural District,
a) If associated with a medical facility, two principal buildings may be permitted with a
minimum lot area of 40 acres.
b) Parking areas must be fully screened from surrounding properties.
c) All impervious surfaces on the property must not exceed 15%.
d) All structures must be 200’ from any surrounding residential property.
(f) Self-service storage facility.
(1) No commercial transactions shall be permitted other than the rental or sale of storage units.
(2) No more than one unit shall be accessed directly from the public street.
(3) Site design shall accommodate a logical and safe vehicle and pedestrian circulation pattern.
105.12.620 Permitted, Conditional, And Interim Uses
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Residential Uses
Household living
Single-family detached dwelling P P P P P LEC 105.12.650(a)
Secondary dwelling - P - - - LEC 105.12.650(d)
Services
Self service storage facility Ia Ia - - - LEC 105.12.650(g)
Birth center - C - - - LEC 105.12.510(c)
Transitional care facility - C - - - LEC 105.12.510(e)
Outdoor Recreation
Outdoor recreation facility - C - - - LEC 105.12.540(c)
Parks and open areas P P P P P LEC
105.12.110(b)(7)
Restricted recreation - C - - - LEC 105.12.540(b)
Agricultural and Related Uses
Agricultural entertainment business I I I - - LEC 105.12.1420
Agricultural production P P P - - LEC 105.12.110(b)(9)
Agricultural sales business I I I - - LEC 105.12.1410
Agricultural services C C - - - LEC 105.12.650(j)
Forestry operations - P - - - LEC 105.12.110(b)(9)
Greenhouses, non-retail C C C - - LEC 105.12.110(b)(9)
Solar farm I C C - - LEC 105.12.1470
Wayside stand P P P - - LEC 105.12.110(b)(9)
Industrial and Extractive Uses
Motor freight and warehousing Ia - - - - LEC 105.12.650(g)
Environmental Uses
Wind Generator - Ground
Mounted C C C C C LEC 105.12.560(b)
Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b)
Accessory Uses
Bed and breakfast P P P P P LEC 105.12.570
Domestic pets P P P P P LEC
105.12.110(b)(13)
Family day care P P P P P LEC 105.12.110(b)(13)
Home occupation P P P P P LEC 105.12.110(b)(13)
Kennel, private C C C - - LEC 105.12.110(b)(13)
Solar energy systems P P P P P LEC 105.04.220(c)
Stable, private C C C - - LEC 105.12.110(b)(13)
Swimming pools, hot tubs, etc. P P P P P LEC 105.08.160
Temporary sales P P P P P LEC 105.12.110(b)(13)
Water-oriented accessory structures P P P P P LEC 105.12.1230
Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b)
Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b)
Other structures typically
incidental and clearly subordinate to permitted uses P P P P P
Commercial wedding ceremony venue I I I - - LEC 105.04.220(d)
Farm Schools, Public and Private I C C C C 105.12.510
Open space preservation development
OP development - C C - - Ch. 105.12, Art.
XVII
Notes to rural districts Table 9-1:
a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one
per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: A 40-acre parcel not reduced by more than ten percent due to road rights-of-way and survey variations.
c. Nominal ten acres: A ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential unit.
e. A minimum of 1.25 acres of land above the floodplain or free of any drainage easements is required.
f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio of lot length to width shall be a maximum of 3:1. Flag lots are prohibited.
g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front
setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these specific standards.
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Washington County, MN |
Zoning Text Amendment Application
Applicant: _____________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Fee Owner: ___________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Engineer: ___________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Property Location (Address): ______________________________________________________________________________
Complete Legal Description: ________________________________________________________________________
_____________________________________________________________________________________________________
PID#: ________________________________________________________________________________________________
Detailed Reason for Request: _____________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application
procedures and hereby agree to pay all statements received from the City pertaining to additional application expense.
Signature of applicant:_______________________________________Date:_________________________________________
Signature of fee owner:______________________________________Date:_________________________________________
Zoning Text Amendment Application
1
651-747-39003800 Laverne Avenue North Lake Elmo, MN 55042
Date Received: ___________________ Received By: ____________________ Permit #: ________________________
d. Attachment to Zoning Text Amendment Application
d. Parcel ID and legal description
Property comprises (3) contiguous parcels.
1) Parcel ID: 0202921330001
Legal Description: SECTION 02 TOWNSHIP 029 RANGE 021 SW1/4-SW1/4 EXC THAT
PORTION OF THE S 1/2 THEREOF LYING W OF CLEAR LAKE-SUBJECT TO ROAD
EASEMENT
*Note: this is the largest parcel and the one with the existing house and proposed
location of any new structures.
2) Parcel ID: 0202921310001
Legal Description: S1/2-N1/2-SW1/4 EXC THE N 388.80FT SUBJECT TO ROAD
EASEMENT &SUBJ TO METRO AG PRESERVE RESTRICTIVE COVENANTS SECTION 02
TOWNSHIP 029 RANGE 021
3) Parcel ID: 0202921340003
Legal Description: W1/2-SE1/4-SW1/4 EXCEPTING THEREFROM THE SOUTH 152
FEET OF SAID W1/2-SE1/4 SW1/4 AND EXCEPTING THEREFROM ALL THAT PART OF
THE SAID W1/2 SE1/4-SW1/4 WHICH LIES EASTERLY OF THE FOLLOWING
DESCRIBED LINE:COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH
152 FEET OF THE W1/2 SE1/4-SW1/4 THENCE WESTERLY ALONG THE NORTH LINE
OF SAID SOUTH 152 FEET A DISTANCE OF 23.70 FEET TO THE POINT OF
BEGINNING OF SAID LINE TO BE DESCRIBED THENCE NORTHERLY A DISTANCE OF
1164.06 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID W1/2-SE1/4
SW1/4 AND SAID DESCRIBED LINE THERE TERMINATING - SUBJ TO METRO AG
PRESERVE RESTRICTIVE COVENANTS SECTION 02 TOWNSHIP 029 RANGE 021
e. Existing Code Section Attachment to Zoning Text Amendment Application
e. Chapter and section number of proposed amendment along with existing
text of section.
The proposed amendment chapter and section is within LEC 105.12, Article IX Rural Districts.
1) 105.12.620 Permitted, Conditional, and Interim Uses
Table 9-1 lists all permitted, conditional, and interim uses allowed in the rural districts. "P" indicates a
permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered
prohibited. Cross-references listed in the table under "Standard" indicate the location within this section of
speciflc development standards that apply to the listed use.
Combinations of uses. Principal and accessory uses may be combined on a single parcel.
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Residential Uses
Household living
Single-family detached dwelling P P P P P LEC 105.12.650(a)
Secondary dwelling - P - - - LEC 105.12.650(d)
Services
Self service storage facility Ia Ia - - - LEC 105.12.650(g)
Outdoor Recreation
Outdoor recreation facility - C - - - LEC 105.12.540(c)
Parks and open areas P P P P P LEC 105.12.110(b)(7)
Restricted recreation - C - - - LEC 105.12.540(b)
Agricultural and Related Uses
Agricultural entertainment business I I I - - LEC 105.12.1420
Agricultural production P P P - - LEC 105.12.110(b)(9)
Agricultural sales business I I I - - LEC 105.12.1410
Agricultural services C C - - - LEC 105.12.650(j)
Forestry operations - P - - - LEC 105.12.110(b)(9)
Greenhouses, non-retail C C C - - LEC 105.12.110(b)(9)
Solar farm I C C - - LEC 105.12.1470
e. Existing Code Section Attachment to Zoning Text Amendment Application
Wayside stand P P P - - LEC 105.12.110(b)(9)
Industrial and Extractive Uses
Motor freight and warehousing Ia - - - - LEC 105.12.650(g)
Environmental Uses
Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b)
Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b)
Accessory Uses
Bed and breakfast P P P P P LEC 105.12.570
Domestic pets P P P P P LEC 105.12.110(b)(13)
Family day care P P P P P LEC 105.12.110(b)(13)
Home occupation P P P P P LEC 105.12.110(b)(13)
Kennel, private C C C - - LEC 105.12.110(b)(13)
Solar energy systems P P P P P LEC 105.04.220(c)
Stable, private C C C - - LEC 105.12.110(b)(13)
Swimming pools, hot tubs, etc. P P P P P LEC 105.08.160
Temporary sales P P P P P LEC 105.12.110(b)(13)
Water-oriented accessory structures P P P P P LEC 105.12.1230
Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b)
Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b)
Other structures typically incidental and clearly
subordinate to permitted uses P P P P P
Commercial wedding ceremony venue I I I - - LEC 105.04.220(d)
Farm Schools, Public and Private I C C C C 105.12.510
Open space preservation development
OP development - C C - - Ch. 105.12, Art. XVII
Notes to rural districts Table 9-1:
a. One dwelling unit per 40 acres applies to all non-farm dwellings. In additional to non-farm dwellings (one
per 40 acres), each farm is allowed one farm dwelling per farm.
b. Nominal 40 acres: A 40-acre parcel not reduced by more than ten percent due to road rights-of-way and
survey variations.
c. Nominal ten acres: A ten-acre parcel not reduced by more than ten percent and/or a ten-acre parcel
located on a corner or abutting a street on two sides not reduced by more than 15 percent due to road rights-
of-way and survey variations.
d. The minimum lot size for lots served by public sanitary sewer shall be 24,000 square feet per residential
unit.
e. Existing Code Section Attachment to Zoning Text Amendment Application
e. A minimum of 1.25 acres of land above the fioodplain or free of any drainage easements is required.
f. Lots must be conflgured to contain a circle with a diameter of 250 feet minimum; the ratio of lot length to
width shall be a maximum of 3:1. Flag lots are prohibited.
g. Corner properties: The side facade of a corner building adjoining a public street shall maintain the front
setback of the adjacent property fronting upon the same public street, or the required front yard setback,
whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table.
h. Setback standards do not apply to solar farms. LEC 105.12.1440 should be referenced for these speciflc
standards.
HISTORY
Amended by Ord. 08-243 on 1/5/2021
Adopted by Ord. 08-253 on 11/3/2021
Amended by Ord. 2023-20 on 11/21/2023
2) 105.12.650 Site Design And Development Standards
Development of land within the rural districts shall follow established standards for traffic circulation,
landscape design, parking, signs and other considerations as specifled in LEC 105.12, arts. VII, VIII and IX.
The following standards apply to speciflc uses, and are organized by district:
a. Single-family detached dwelling, all rural districts. All single-family dwellings shall be at least 24 feet
in width, at least 960 square feet in area, and be placed on a permanent foundation.
b. Septic drainfield regulation, A, RR, and RS districts. All applicants for a use or building permit in any
district not served by public sanitary sewer must demonstrate that an on-site sewage treatment
system (primary and secondary location) as approved by the county can be installed in accordance
with Washington County Subsurface Sewage Treatment System Regulations.
c. Septic drainfield regulation, RE district. All applicants for a use or building permit in any district not
served by public sanitary sewer must demonstrate that an on-site sewage treatment system (primary
and secondary location) as approved by the county can be installed in accordance with Washington
County Subsurface Sewage Treatment System Regulations.
d. Secondary dwelling, A district. One non-farm dwelling per each 40 acres, or part of a dwelling on a
prorated basis, not already containing a farm or non-farm dwelling, is permitted provided:
1) The dwelling unit is located on a separate parcel of record in the office of the county recorder
and/or county auditor, which shall be at least 1 1/2 acres in size;
2) The parcel on which the dwelling unit is located must have at least 125 feet of frontage along
a public street, be rectangular in shape and no dimension to be greater than three times the
other; and
3) The dwelling is separated by at least 300 feet from the nearest farm building.
e. Parking standards, A, RR and RS districts. Three spaces of off-street parking required per dwelling
unit.
f. Parking standards, RE district.
1) Two enclosed spaces minimum (200 square feet minimum per space).
2) Two exterior spaces within minimum setback of 50 feet from any property line.
e. Existing Code Section Attachment to Zoning Text Amendment Application
g. Non-agricultural low impact use, A, RT districts. The city recognizes that allowing non-agricultural low
impact uses, strictly controlled and regulated by interim use permit, might allow a farmer or large
property owner an economical use of his property that is zoned agricultural. The following standards
may apply to these types of uses:
1) All of the property owner's real estate that is contiguous to the non-agricultural low impact
use must be zoned agricultural and remain so zoned while the conditional use permit is in
effect.
2) The area where the non-agricultural low impact use is located shall be legally deflned and
approved by the city and is hereafter known as the "non-ag area." The non-ag area shall not
exceed four percent of the property owner's contiguous agricultural zone gross lot area. The
building footprints and asphalt and concrete surfaces within the non-ag area shall not
exceed 1.5 percent of the property owner's contiguous agricultural zone gross lot area.
Landscaping, berms, ponds, gravel driveways, and other improvements that would
otherwise be permitted in the agricultural zone may be located outside of the non-ag area.
3) Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or
larger.
4) Non-agricultural low impact uses shall not generate more than three trips per day per acre of
contiguous agriculturally zoned area, with the exception of land with sole access to Hudson
Boulevard that shall not generate more than six trips per day per acre.
5) Any uses under this section involving the outside storage of vehicles, equipment, or goods
shall be located a minimum of 200 feet from any public roadway or adjacent landowner's
boundary, except that the setback from the I-94 frontage road shall be not less than 50 feet.
In addition, any such outside storage shall be screened from view from adjacent property
and the public roadway by berms and landscaping. A plan for such screening shall be
submitted with the application for the interim use permit which shall clearly demonstrate by
view cross-sections that said screening will be effective immediately, and in all seasons.
Degradation of such screening by loss of landscape materials, outdoor storage of items that
exceed the screened height or for any other reason shall be grounds for rescinding the
outdoor storage portion of the interim use permit.
6) Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres or
235 gallons per day per net acre of land based upon design capacity of facilities, whichever
is more restrictive.
7) The property owner shall maintain the remaining land or farm outside of the IUP area in
accordance with the permitted uses of the agricultural zoning district and the required
practices of the soil and water conservation district.
8) Rate and volume of stormwater runoff must meet the requirements of the city's stormwater
ordinance.
9) In the event that the property owner, or future property owner, initiates a comprehensive plan
amendment and rezoning of any or all of the contiguous real estate from agriculture to a
more intensive use, the interim use permit shall terminate and all nonconforming structures
shall be removed from the site within one year from the date of the city council's adoption of
the comprehensive plan amendment and rezoning, unless the city agrees otherwise. This
e. Existing Code Section Attachment to Zoning Text Amendment Application
section shall not apply if the city initiates rezoning or if property owner is forced to transfer
title to any part of the contiguous real estate due to eminent domain.
10) All conditional use permits granted to a non-agricultural low impact shall be reviewed on an
annual basis, and may be rescinded, after a two-week notice and a public hearing, if the
council flnds that the public health, safety, or welfare is jeopardized.
11) The standards for buildings or structures, as listed in the minimum district requirements of
the agricultural zone, shall not apply to structures built prior to the effective date of the
ordinance from which this chapter is derived.
h. Unserviced lots, RT, A, RR districts. All lots that are subdivided without city sewer and public water
service shall meet the following standards:
1) Lots, houses and other structures, driveways and any new streets shall be located in
compliance with the comprehensive plan and any more detailed area plans for future roads,
public water services, and drainage.
2) The planning commission may require a sketch plan showing how the entire tract could be
divided when city services become available. Lots and buildings shall be sited and streets
shall be laid out to facilitate future subdivision.
i. Commercial kennel, commercial stable, or accessory kennel or stable, RT, A, RR districts. The facility
shall occupy a site at least ten acres in size. Outdoor exercise areas shall be located at least 100 feet
from adjacent properties; landscaping or other screening may be required.
j. Agricultural services and support, RT, A districts.
1) A facility established after the effective date of the ordinance from which this article is
derived shall have direct access to a collector or higher classiflcation street.
2) An appropriate transition area between the use and adjacent property may be required, to
include landscaping, screening and other site improvements consistent with the character
of the neighborhood.
3) All processing of animal or dairy products shall take place within an enclosed building.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
f. Proposed Language Attachment to Zoning Text Amendment Application
f. Proposed language for ordinance amendment. Identification of the
proposed substitute wording for the zoning text.
1.1) Proposed addition to Table 9-1, under “Services,” as represented in the partial
reproduction of the table pasted below:
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
RT A RR RS RE Standard
Residential Uses
Household living
Single-family detached dwelling P P P P P LEC 105.12.650(a)
Secondary dwelling - P - - - LEC 105.12.650(d)
Services
Self service storage facility Ia Ia - - - LEC 105.12.650(g)
Birth Center - C - - - LEC 105.12.650(k)
Outdoor Recreation
Outdoor recreation facility - C - - - LEC 105.12.540(c)
Parks and open areas P P P P P LEC 105.12.110(b)(7)
Restricted recreation - C - - - LEC 105.12.540(b)
1.2) Proposed addition to Table 9-1, under “Accessory Uses,” as represented in the partial
reproduction of the table pasted below:
Table 9-1: Permitted, Conditional, and Interim Uses, Rural Districts
Accessory Uses
Bed and breakfast P P P P P LEC 105.12.570
Domestic pets P P P P P LEC 105.12.110(b)(13)
Family day care P P P P P LEC 105.12.110(b)(13)
Home occupation P P P P P LEC 105.12.110(b)(13)
Kennel, private C C C - - LEC 105.12.110(b)(13)
Postpartum Care Center - C - - - LEC 105.12.650(k)
Solar energy systems P P P P P LEC 105.04.220(c)
Stable, private C C C - - LEC 105.12.110(b)(13)
f. Proposed Language Attachment to Zoning Text Amendment Application
Swimming pools, hot tubs, etc. P P P P P LEC 105.08.160
Temporary sales P P P P P LEC 105.12.110(b)(13)
Water-oriented accessory structures P P P P P LEC 105.12.1230
Wind Generator - Ground Mounted C C C C C LEC 105.12.560(b)
Wind Generator - Roof/Structure Mounted C C C C C LEC 105.12.560(b)
Other structures typically incidental and clearly
subordinate to permitted uses P P P P P
Commercial wedding ceremony venue I I I - - LEC 105.04.220(d)
Farm Schools, Public and Private I C C C C 105.12.510
2) Proposed addition to Section 105.12.650 Site Design and Development Standards, new
section (k):
k) Birth and postpartum care centers, A district. The facility shall occupy a site at least ten
acres in size. All facility structures shall be placed on a permanent foundation.
1) A ‘birth center’ shall be defined as: A facility licensed by the Department of Health
(DOH) for the primary purpose of performing low-risk deliveries that is not a clinic or
a hospital and where births are planned to occur away from a residence. Additional
services provided may include prenatal care, parenting classes, and postpartum
care.
a. Birth centers shall be limited to maximum of four (4) patient rooms.
2) A ‘postpartum care center’ shall be defined as: A transient accommodation (as
defined elsewhere in this Code) for families with newborn infants (< 3 months of
age). Additional services provided may include parenting classes and specialized
postpartum care.
3) Parking standards, birth and postpartum care centers. Three spaces of off-street
parking required per birthing or postpartum accommodation suite.
4) When provided in conjunction with a birth center, a postpartum care center may
exceed area values for accessory structures in Table 9-3 by a factor of 2.
a. Postpartum care centers shall be limited to a maximum of ten (10)
guest accommodation suites, when provided in conjunction with a
birth center.
g. Narrative Attachment to Zoning Text Amendment Application
g. A narrative describing your reason for requesting zoning text amendment.
Your description should include how you would be impacted by the zoning text
amendment. How the text amendment meets the Comprehensive Plan. How
the text amendment will impact the zoning and the subdivision code.
We request the proposed zoning text amendment to enable the applicant/Owner of the above
identifled property to use it to create a sanctuary and asset for the City of Lake Elmo. The proposed
use for the property is the “Birth and Haven” which would comprise a birth center and postpartum
recovery center for expectant and new parents from Lake Elmo and the greater region to have the
option to experience birth and the crucial days and weeks following it, in the calming and peaceful
surroundings of the total-63-acre property on the north side of Clear Lake.
Birth centers are deflned by Minnesota Statutes as “facilit[ies] licensed for the primary purpose of
performing low-risk deliveries that is not a hospital or licensed as part of a hospital and where
births are planned to occur away from the mother's usual residence following a low-risk pregnancy”
(2023 MN Statutes 144.615). The license is issued by the Department of Health on the basis of an
accreditation from the Commission for the Accreditation of Birth Centers (CABC). Standards for
accreditation include staffing requirements, personnel licensure requirements, and facility
requirements adopted by the CABC and deflned by the American Association of Birth Centers
(AABC).
An accredited freestanding birth center offers pregnant women an option for a place to give birth in
a residential-type setting, away from their own home, where they can have the beneflt of being
attended by professional nurses and midwives. Birth centers avoid the use of pharmaceutical and
surgical intervention in delivery, with an emphasis on letting the natural processes of birth take
place. When a complication that requires more drastic intervention happens for a laboring patient
at a birth center, the patient is transferred to a nearby hospital for continuing care. Such
intrapartum transfers occur in between 2-10% of birth center births and are most successful when
occurring in an integrated healthcare system where the birth center works in coordination with
other providers of obstetric care.
The Owner/applicant is a physician who is experienced in the obstetric and gynecological fleld and
has numerous established relationships with doctors throughout the region. They will be better
equipped than most to ensure that patients of the birth center are able to experience a seamless
transition to hospital care if this proves necessary during the course of labor. They have also
assembled a team including a former president of the AABC, nurses, and midwives, to ensure that
the procedures established by the new birth center lend themselves to the best possible outcomes
for patients.
Women who give birth in birth centers report lower levels of postpartum depression and trauma
following delivery than is typical for hospital births. Birth centers are also shown to reduce rates of
preterm births, low birth weights, and unnecessary caesarean section deliveries, and the cost of
delivering in a birth center is signiflcantly lower than the cost associated with an uncomplicated
delivery in a hospital (reference: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8827343/). For all
g. Narrative Attachment to Zoning Text Amendment Application
these reasons, the popularity of birth centers has increased precipitously in the last decade, and
we anticipate demand for the proposed new facility to be high from the moment it becomes an
available option for local expectant parents to consider.
The facility standards developed by the CABC and AABC refiect the intent for birth centers to offer a
residential-type environment by cleaving closely to the most common type of freestanding birth
center structure, which is a single-family home that has been converted for the purpose. Required
features include gathering spaces where relatives of birthing patients can relax, kitchens for the
preparation of snacks and meals, space for laboring patients to walk around, and sufficient private
rooms and bathrooms to serve the number of patients that the birth center proposes to
accommodate.
We think that the property at 5193 Keats Ave would be an ideal setting for a birth center due to its
proximity to arterial roadways that allow easy access for laboring patients or for emergency
personnel to access the property, combined with a serene lakefront environment and quiet rural
atmosphere that would promote the relaxation and healing of the people who are fortunate enough
to bring their children into the world in this beautiful setting. The Owner proposes to renovate the
existing home on the property (3 bedrooms, 2053 flnished square feet) into a birth center able to
accommodate up to three (3) birthing patients at one time. In the proposed language of the text
amendment, we also propose inclusion of a limitation of birth center capacity to a maximum of four
(4) rooms to ensure that any future birth center considered under this provision would be a similarly
scaled structure to match the residential nature, massing and parking demands of the use and
district.
In addition to the birth center, we propose the addition of a postpartum recovery care center on the
same site. In the proposed use of the property at 5193 Keats, this would operate in conjunction with
the birth center to offer new parents a place to recuperate and rest following delivery. Currently,
regulations for birth centers require patients to check out within 6 hours of delivery, to go home with
their new infant. However, many new parents would beneflt from having an option for a place to go
and acclimate to parenthood in a supportive environment where they would still have access to
care professionals including midwives, lactation consultants, and people equipped to look after the
baby while parents catch up on needed rest.
To accommodate the postpartum care center, we propose replacement of the existing agricultural
accessory structures on site with a new building that can be designed to suit the newly proposed
use. To minimize disturbance to the site, we would locate and size the new building and its needed
circulation/parking areas to flt within existing built areas. A building meeting every need of the
program would be able to designed to meet every provision of the Accessory structures regulations
outlined in LEC 105.12.660, however we also request that the allowable area for such a use be
increased from the values given in Table 9-3 when a postpartum care center is provided as a
complement to a birth center primary use on the same site, to allow the Owner to assist more new
families than could be accommodated otherwise. The length of stays would vary from a couple of
days for uncomplicated situations, up to several weeks for cases of postpartum depression or
similarly serious conditions. However, in recognition of the characteristics of the Agricultural
District standards, in the proposed language of the text amendment we do propose a limitation on
g. Narrative Attachment to Zoning Text Amendment Application
the number of accommodation suites to a maximum of ten (10) to keep any structures for this use
within a residential scale.
Both the proposed birth center and the proposed postpartum care center are compatible with the
City’s designation of this property as part of an Agricultural district and with its continued existence
as such on future land use plans and in the Comprehensive Plan. While the process of giving birth
has been largely “medicalized” in the United States since the mid-twentieth century, historically,
birth and its aftermath occurred in the home and was another facet to the typical conditions of
daily living. The proposed use offers an option for this most vital process of life to be in an agrarian,
naturalistic, home-like setting that promotes rest and healing, while also acknowledging the wider
societal progress that has made it impossible to fully return to the historic model.
First, most people today lack the community and family support to recreate the historical
norms for birth and postpartum care. Before the mid-twentieth century, it was much more
common that a pregnant woman would have a local midwife who would be in regular
contact throughout her pregnancy, available to be on call to assist with delivery when she
began her labor, and to check in on the new baby after it was born. All prenatal visits, the
birth, and postpartum care would occur in the pregnant woman’s home. The new mother
also would have often had her female relatives move in with her for a period before and after
the birth to assist with household and care tasks for the recovering mother and her new
infant. Now, it is more typical to have far-fiung families who have other obligations that
prevent them from being there to help a relative with a new baby, and few parents
experience the kind of support that they would have had under the historic model. This has
the added effect of increasing the prevalence of trauma, depression, and isolation that
many people feel after becoming parents within the modern paradigm.
Second, most people rely on health insurance to help pay for the costs associated with
giving birth, and coverage can be reduced or non-existent for those who want to consider a
home birth (note, however, that most insurance providers do cover birth center birth
expenses).
Third, many people are also accustomed to the more recent norm of hospital birth and feel
trepidation at the idea of home birth, even if they are unlikely to experience any
complication in delivery. These individuals often feel more comfortable in a setting where
they can feel assured of competent monitoring and additional intervention if anything
should start to go wrong.
The birth center and postpartum care center resolve these three issues by offering a venue for birth
and recovery where new parents can feel supported by care providers who are experts in the fleld,
within an environment that is residential in scale and maintains much of the existing property as an
open space. While the number of people who would be able to be accommodated at one time is
modest, the beneflts to patients and their families would be cumulative over time as more and
more babies are able to be born in this environment.
g. Narrative Attachment to Zoning Text Amendment Application
The proposed birth center and postpartum care center further meets goals of the Comprehensive
Plan in the following ways:
Promote Lake Elmo as an exceptional place to live. Such a birth center and postpartum care
center would be the flrst of its kind in this part of the country and would be an amenity to
any local, or anyone considering moving to or visiting the area, who may be expanding their
family in the future.
Maintain and enhance the connections of residents to the natural resources and open
space amenities throughout the community. With the proposed use we would be able to
maintain the existing open space on the property, keeping any structures for new uses
within the existing built areas. The intent for the open space left on site is to provide a
relaxing environment for new parents to feel connected to nature as they heal and recover
from delivery with meditative nature walks through the abundant existing natural beauty of
the property in question, and the remainder of the site would be able to be left unaltered.
The proposed amendment to the city zoning code would have limited direct impact on the future
development within the City of Lake Elmo. The Zoning Text Amendment request to allow birth
centers, with a maximum of four (4) rooms, would allow the conditional use amendment process to
be able to conditionally approve a birth center in the Agricultural district, while keeping in sync with
the characteristics of the district and maintaining the single-family residence scale by limiting its
size. The proposed addition of a postpartum care center, with a maximum of ten (10) rooms only
when provided in conjunction with a birth center, would allow this usage with extreme limitation.
This Zoning Text Amendment request will allow both the City and the applicant to provide a
residential agricultural scaled birth center project within this district, with an accompanying
postpartum care center. The City gets a vital natural assisted birth center located in a natural
agricultural district where its scale and usage is well-paired, appropriate and accessible for Lake
Elmo and beyond.
651-747-39003800 Laverne Avenue North Lake Elmo, MN 55042
Date Received: ___________________ Received By: ____________________ Permit #: ________________________
COMPREHENSIVE PLAN AMENDMENT APPLICATION
Applicant: _____________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Fee Owner: ___________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Engineer: ___________________________________________________________________________________________
Address: ______________________________________________________________________________________________
Phone # _______________________________________
Email Address:___________________________________
Property Location (Address): ______________________________________________________________________________
Complete Legal Description: ________________________________________________________________________
_____________________________________________________________________________________________________
PID#: ________________________________________________________________________________________________
Detailed Reason for Request:
_____________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
ordinance and current administrative procedures. I further acknowledge the fee explanation as outlined in the application
procedures and hereby agree to pay all statements received from the City pertaining to additional application expense.
Signature of applicant:_______________________________________Date:_________________________________________
Signature of fee owner:______________________________________Date:_________________________________________
1
d. Attachment to Comprehensive Plan Amendment Application
d. Parcel ID and legal description
Property comprises (3) contiguous parcels.
1) Parcel ID: 0202921330001
Legal Description: SECTION 02 TOWNSHIP 029 RANGE 021 SW1/4-SW1/4 EXC THAT
PORTION OF THE S 1/2 THEREOF LYING W OF CLEAR LAKE-SUBJECT TO ROAD
EASEMENT
*Note: this is the largest parcel and the one with the existing house and proposed
location of any new structures.
2) Parcel ID: 0202921310001
Legal Description: S1/2-N1/2-SW1/4 EXC THE N 388.80FT SUBJECT TO ROAD
EASEMENT &SUBJ TO METRO AG PRESERVE RESTRICTIVE COVENANTS SECTION 02
TOWNSHIP 029 RANGE 021
3) Parcel ID: 0202921340003
Legal Description: W1/2-SE1/4-SW1/4 EXCEPTING THEREFROM THE SOUTH 152
FEET OF SAID W1/2-SE1/4 SW1/4 AND EXCEPTING THEREFROM ALL THAT PART OF
THE SAID W1/2 SE1/4-SW1/4 WHICH LIES EASTERLY OF THE FOLLOWING
DESCRIBED LINE:COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTH
152 FEET OF THE W1/2 SE1/4-SW1/4 THENCE WESTERLY ALONG THE NORTH LINE
OF SAID SOUTH 152 FEET A DISTANCE OF 23.70 FEET TO THE POINT OF
BEGINNING OF SAID LINE TO BE DESCRIBED THENCE NORTHERLY A DISTANCE OF
1164.06 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID W1/2-SE1/4
SW1/4 AND SAID DESCRIBED LINE THERE TERMINATING - SUBJ TO METRO AG
PRESERVE RESTRICTIVE COVENANTS SECTION 02 TOWNSHIP 029 RANGE 021
e. and f. Attachments to Comprehensive Plan Amendment Application
e. Existing land use category you wish to change to.
We propose to change from Agricultural Preserve (AP) to Rural Area Development (RAD).
The previous owners of the property terminated the Agricultural Preserve contract so it is no longer
enrolled in this program, and would be most appropriately reclassified into the RAD designation to
correspond with the prevailing land use designation for surrounding properties.
f. A narrative describing your reason for requesting the Comprehensive Plan
amendment. Your description should include how you intend to use and/or
benefit by the Comprehensive Plan Amendment.
Please refer to the attached exhibit ‘g’ narrative for the proposed zoning text amendment for a
description of the proposed use for the property and how it fits within the Comprehensive Plan.
From:MEL EDER
To:Sophia Jensen
Subject:Dege"s Ag Preserve on Keats Ave N
Date:Monday, March 4, 2024 8:09:15 PM
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Caution: This email originated outside our organization; please use caution.
Hello,
We have heard through the grapevine that someone associated with Minnesota Women's
Care has submitted a zoning amendment to include the land use, birth center, as a conditional
principal use and postpartum care as a conditional accessory use along with development
standards and definitions.
We are OPPOSSED to this proposed change.
Questions arise such as: what about a septic system to handle medical waste, water usage,
traffic concerns? What would the rest of the acreage be used for since a medical facility
would not require that much acreage? The entire idea doesn't fit into this completely rural
residential area.
Also, as nearby residents on Keats Ave, we have received no letter, e-mail nor any kind of
official information from the City of Lake Elmo regarding this proposal and we can only assume
that no other nearby residents have gotten information either. With the Planning Commission
holding a public hearing to consider this proposal on March 11, 2024, how would any resident
be able to comment to the Planning Commission with no official information from you?
Please forward to all of us residents any and all information that is pertinent to this Minnesota
Women's Care proposal on the Dege Ag Preserve property, Keats Ave N.
Thank you.
Regards,
Mel and Jane Eder
4890 Keats Ave N
Lake Elmo MN 55042
651-770-3347
From:Joyce Kelch
To:Sophia Jensen
Subject:Dege"s Ag Preseve on Keats Ave N
Date:Friday, March 8, 2024 11:31:05 AM
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Sophie. Hello. I am writing to you about the March 11 Planning meeting on the zoningchanges with the Women's Care proposal on Keats Ave N. I am opposed to these zoningchanges on the 62 acres on north side of Clear Lake. This business idea does not fit in thisarea. I live on Keats Ave N. I am very concerned about the additional traffic on Keats AveN, additional water usage, & handling of the medical waste in this area. Please forward myresponse. Regards, Joyce Sullwold Kelch
From:Lynn Koll
To:Sophia Jensen
Subject:Zoning Proposal for Keats Ave
Date:Friday, March 8, 2024 1:35:01 PM
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https://aka.ms/LearnAboutSenderIdentification ]
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Hello Sophia-
I am a resident of Lake Elmo, and I am adamantly OPPOSED to this proposal to zone for a women’s clinic on Keats
Avenue. This is a scenic, rural area, and would definitely interfere with the purpose of this part of Lake Elmo. I
would have concerns over the Building structure, the additional traffic and emergency traffic to this place, the waste
facilities and pollution, and the aesthetics of this rural land.
I understand this is being discussed on March 11th, and I would like to see a more formal description of the date,
time, place and purpose and additional Agenda of this particular meeting.
Thank you-
Lynn Koll