HomeMy WebLinkAbout#18 - Birth and Haven1
STAFF REPORT
DATE: 5/7/2024
REGULAR
TO: City Council
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 CITY COUNCIL:
The City Council is being asked to make a determination on the proposed Comprehensive Plan
Map and Zoning Text Amendments.
GENERAL INFORMATION:
Applicant: Melvin Ashford, Minnesota Women’s Care
Property Owner: Minnesota OBGYN, PLLC
Address: 5193 Keats Ave N
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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.
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
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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
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:
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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
where they are proposed. Staff are 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.
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:
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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.
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.
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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. Below is a summary of the public comment
received:
Written Public Comment:
1. Mel and Jane Eder – Provided comments in opposition of the request citing concerns with
septic capacity, medical waste, water, traffic, and the remaining acreage.
2. Joyce Sullwold Kelch – Provided comments in opposition of the request citing concerns
with traffic, water, and medical waste.
3. Lisa Koll – Provided comments in opposition of the request citing concerns with buildings,
traffic, EMS access, waste facilities, pollution and aesthetics.
4. Joan and Steve Ziertman – Provided comments in opposition to the requests citing
concerns with the comprehensive plan and rural district intent.
5. George Crocker and Lea Foushee – Provided comments in opposition of the request citing
concerns with light pollution, surrounding acreage, toxic substances, medical waste,
disruption from EMS, impacts to wildlife.
6. Jane Chars – Provide comments in opposition of the request citing concerns compatibility
with the rural character, traffic, floodplain impacts, and environmental concerns.
7. Kirk and Callie Kenneally – Provided comments in opposition of the request citing
concerns with the compatibility with the rural character.
8. Robert and Marie Meyer – Provided written comments after the public hearing opposing
the request citing concerns with infrastructure, sewage treatment, future expansion,
ecosystem impacts, and cost to the City.
9. Bill and Cheryl Vogel – Provided written comments opposing the transitional care facility
citing concerns with zoning standards, repurposing the buildings, parking, traffic, utilities,
and security.
10. Karen Granovsky – Provided written comments after the public hearing in opposition of the
requests citing traffic and speed impacts in addition to agreeing with other public comment
concerns.
11. Joyce Kelch – Provided additional written comment in opposition on the request based on
similar items from the first comment.
Spoken Public Comment:
1. Mel Eder – 4980 Keats Ave – Provided comments supplementing their written statement
regarding the public hearing notice policy, citing concerns with the re-guidance and
possible future development of the remaining parcel, traffic concerns, and expressed that it
would not be beneficial to the rural area.
2. John Ames- 9799 51st St – Stated they support the mission of the applicant but are
concerned with the meaning/intent of zoning, the commercial nature of the proposal, future
expansion, increased traffic and increased traffic speed which may result in unsafe
conditions for residents. .
a. Mr. Ames spoke a second time regarding the concerns with the property not being
residential in nature.
3. Jane Chars – PO Box 769 - Provided comments supplementing their written statement
regarding flood zone and building footprints, water quality and wildlife impacts including
light pollution concerns. They outlined the history of the ag preserve, and expressed
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concerns with the inconsistency of a commercial request in the rural district, utility
capacity, and property values.
4. Carmen Thompson – 5170 Kirkwood Ave - Provided comments in opposition of the
request citing concerns with inconsistencies between the rural character of the land and the
commercial use including negative wildlife impacts, light pollution, traffic access and
safety concerns at Keats. Carmen also expressed concerns with assessments to support the
business. They also expressed concern about increased crime due to drugs on site and
access to police service.
5. Robert Meyer -5220 Keats Ave - Provided comments that they are opposed to the location
of the business but support the mission of the agency. They cite concerns with commercial
infrastructure as being inconsistent with current surrounding uses and the comprehensive
plan, future expansion, and staff’s low impact assessment. They were also concerned with
the lack of comment from the DNR and were curious about notifications to other
properties zoned Ag.
6. Richard Egersdorf – 9960 57th St – Provided comments that they support the mission of the
birth center but are in opposition of the request citing concerns with the public hearing
notice process and business location in a residential area in addition to resident safety with
regard to increased traffic.
7. Pat Barrett – 9692 57th St – Thanked the commission for their work. They provided
comments in opposition to the request citing concerns with roadway pedestrian safety,
water quality/flooding, and inconsistency with the proposal in a rural residential area.
8. Jillian – N/A - Provided comments in opposition of the request citing concerns with the
impacts to safety in the community with increased traffic and non-community members
entering the community by the way of a transient business operation. Jillian expressed
concern over impacts to home value, resident safety, roadway safety, and lighting
nuisances.
9. Rod Sessing – 5699 Keats Ave - Provided comments in opposition of the request citing
concerns with the definition of the RAD land use guidance and impacts to the rural
character. Rod expressed concern over negative tax implications and lost revenue due to
zoning in additon to concerns with refurbishing old building, state inspections, and
construction in the floodplain. They also expressed confusion about why the land was
purchased without due diligence.
10. Karin Schubert – 5222 Keats Ave - Provided comments in support of the birth center but
not in this area of the City. They provided concerns with the public hearing process, utility
capacity, traffic speed and capacity.
11. Claudia Stannard – 5230 Keats Ave - Provided comments in opposition of the request
citing concerns with safety and hours of operation, delivery traffic, increased traffic related
to food, visitors, laundry, waste, EMS traffic, nuisance, and questioned the need for the site
citing an option for home birth instead.
12. Adam Slinger – 9849 59th St – Provided comments that they support the business but not in
this location. Provided comments in opposition of the request citing concerns with impacts
to the rural character, spot zoning, street maintenance, salt and manicured lawn impacts.
13. Bridget Eubank – 9960 57th St - Provided comments in opposition of the request citing
concerns with impacts to current residents and loss of rural calm character. Bridget agreed
with concerns listed by residents that spoke earlier.
Dan Noyes w/ Blumentals Architecture LLC- The applicant’s architect spoke regarding the
request and responded to public comment about the residential nature of the operation and that
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research indicates that there is an increased want for rural birth centers. The applicant is not
proposing to expand the use and would meet the proposed text amendment requirements.
PLANNING COMMISSION:
The Planning Commission reviewed the requests at their March 11th, 2024, meeting. The
Commission voted to recommend approval of the comprehensive plan amendment, that motion
failed (Vote 2-3). The descending Commission members did not feel the need to process the
removal of the Ag Preserve at this time. They felt the property should maintain its preserve
guidance. The Commission voted to recommend approval of the zoning text amendment, that
motion passed (Vote 3-2).
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:
• Approve the proposed amendments.
• Amend the proposed amendments.
• Deny the proposed amendments.
RECOMMENDATION:
Staff suggest the City Council approve the Comprehensive Plan Amendment to reflect that the
property is no longer in the Agricultural Preserve Program. Staff suggest the City Council approve
the zoning text amendments as amended by Staff. Suggested Motions:
“Move to adopt Resolution 2024-054 approving the comprehensive plan amendment for the
property from Agriculture Preserve (AP) to Rural Area Development (RAD) with conditions
listed in the staff report.”
AND
“Move to adopt Ordinance 2024-09 approving the zoning text amendments requested by
Minnesota Women’s Care as amended by City Staff.”
AND
“Move to adopt summary of publication of Ordinance 2024-09 with approval of Resolution
2024-055”
ATTACHMENTS:
• Proposed Text Amendments
• Site Location Map
• Applicant Narrative and Supplemental Materials
• Written Public Comment
• Resolution 2024-054 – Comprehensive Plan Amendment
• Ordinance 2024-09 – Zoning Text Amendment
• Resolution 2024-055 – Summary of Publication
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-054
RESOLUTION APPROVING A REQUEST BY MELVIN ASHFORD WITH MINNESOTA
WOMANS CARE FOR AMENDMENT TO THE CITY OF LAKE ELMO COMPREHENSIVE
PLAN FUTURE LAND USE MAP TO REGUIDE THE PROPERTIES LOCATED AT 5193
KEATS AVENUE N FROM AGRICULTUREAL PRESERVE (AP) TO RURAL AREA
DEVELOPMENT (RAD)
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City of Lake Elmo has established a Comprehensive Plan that includes
background data, policy statements, standards, and maps that help to guide the future physical,
social, and economic development of the City; and
WHEREAS, on February 16th 2024, Melvin Ashford with Minnesota Women’s Care (the
“Applicant”) filed a complete request for a Comprehensive Plan Amendment for the property
located at 5193 Keats (PIDs 0202921330001, 0202921310001, and 0202921340003) (the
“Property”); and
WHEREAS, the request for a Comprehensive Plan Amendment is to reguide the Property,
from Agricultural Preserve (AP) to Rural Area Development (RAD); and
WHEREAS, 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.
WHEREAS, the public notice was published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 105.12.250, and MN State Statute 473.858; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing about the
proposed amendments on March 11th 2024; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and unanimous
recommendation of approval to the City Council as part of a staff report dated May 7th, 2024; and
WHEREAS, the City Council considered the said matters at its May 7th 2024, meeting and
made the following findings of fact:
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.
4. That the proposed amendment is consistent with the overall goals and objectives of the Lake
Elmo Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED THAT the Lake Elmo City Council, hereby
authorizes and directs staff to submit a Comprehensive Plan amendment request consistent
herewith to the Metropolitan Council for review and approval. The comprehensive plan
amendment is not in effect until approved by the Metropolitan Council.
This resolution was adopted by the City Council of the City of Lake Elmo on this 7th day of May
2024.
_____________________________
Charles Cadenhead, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 2024-09
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE FOR
BIRTH AND HAVEN WITHIN ZONING AND LAND USE SECTIONS
SECTION 1. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 110 Zoning Use Types and
Classifications is hereby amended by changing the following section (Proposed language is underlined,
deleted language is shown with strikethrough):
(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.
SECTION 2. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 410 Off-Street Parking is
hereby amended by changing the following section (Proposed language is underlined, deleted language
is shown with strikethrough):
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.
SECTION 3. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 510 Standards for Services is
hereby amended by changing the following section (Proposed language is underlined, deleted language
is shown with strikethrough):
(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.
SECTION 4. Title 105 Zoning; Chapter 105.12: Zoning Code, Section 620 Permitted, Conditional, and
Interim Uses is hereby amended by changing the following section (Proposed language is underlined,
deleted language is shown with strikethrough):
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.
SECTION 7. Effective Date. This ordinance shall become effective immediately upon adoption and
publication in the official newspaper of the City of Lake Elmo.
SECTION 8. Adoption Date. This Ordinance 2024-09 was adopted on this 7th day of May 2024, by a vote
of __ Ayes and ___Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Charles Cadenhead, Mayor
ATTEST:
______________________________
Julie Johnson, City Clerk
This Ordinance 2024-09 was published on the ____ day of ___________________, 2024.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2024-055
RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE
2024-055
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2024-09, an ordinance that
amends Lake Elmo City Code Sections: 105.12.110, 105.12.410, 105.12.510, 105.12.620
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and
summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo
that the City Clerk shall cause the following summary of Ordinance No. 2024-09 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 2024-09, an ordinance that
amends the City Code language in the Zoning Ordinance The following is a summary of the
adopted ordinance language:
This resolution addresses Ordinance No. 2024-09 which was amends City Code sections for
the Birth and Haven request by Minnesota Women’s Care. The ordinance amends Title
105 Zoning; Chapter 105.12: Zoning Code, Section 110 Zoning Use Types and
Classifications; Title 105 Zoning; Chapter 105.12: Zoning Code, Section 410 Off-Street
Parking; Title 105 Zoning; Chapter 105.12: Zoning Code, Section 510 Standards for
Services; and Title 105 Zoning; Chapter 105.12: Zoning Code, Section 620 Permitted,
Conditional, and Interim Uses
The full text of Ordinance 2024-09 is available for inspection at Lake Elmo City Offices during
regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of
the ordinance be placed in a public location within the City.
Dated: May 7th 2024
___________________________________
Charles Cadenhead, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)
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.
55THSTN
KEATSAVEN
KEATSAVEN
56THPLN
ClearLake
KIRKWOODAVEN
50THSTN
KIMBROAVEN
ArcGIS Web AppBuilder
Parcels
Municipals
DNR Protected Waters ID
3/4/2024, 1:06:51 PM
0 0.1 0.20.05 mi
0 0.15 0.30.07 km
1:9,028
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
651-747-3900
3800 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 Washin gton
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 standard s
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 sha ll 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 nonco nforming 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.
651-747-3900
3800 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
You don't often get email from meleder@msn.com. Learn why this is important
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 zoning
changes with the Women's Care proposal on Keats Ave N. I am opposed to these zoning
changes on the 62 acres on north side of Clear Lake. This business idea does not fit in this
area. I live on Keats Ave N. I am very concerned about the additional traffic on Keats Ave
N, additional water usage, & handling of the medical waste in this area. Please forward my
response. 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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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
Lake Elmo 3/11/24
Sophia Jensen, City Planner
Lake Elmo City Hall
3880 Laverne Ave. N.
Lake Elmo 55042
Lea Foushee & George Crocker
5093 Keats Ave. N.
Lake Elmo, MN 55042
Dear Lake Elmo Planning Commission:
We have the following comment regarding the proposed MN Women’s Care facility
at 5193 Keats Ave. N., which is the next driveway north of ours on Keats Ave. N.
There is a procedural issue that the Commission should address regarding
notification of proposed developments. Several of our neighbors were not notified but took
it upon themselves to learn about this proposal and respond to it. Please revisit your
notification procedure.
As we live just a bit south and west of the buildings at 5193 Keats Ave. N. and have
visual line of sight to the property, we are concerned about light pollution from a facility
such as is being proposed. This is an eminently manageable issue if proper attention is
paid to it. We trust that will be the case.
While our understanding is that the proposed facility will be focused on the existing
house and two pole barns, the property consists of about 60 acres. What are the plans, if
any, for managing this acreage once the Woman’s Care facility is in business?
We are concerned about potential use of toxic substances in the course of lawn
care at the facility. Considering scientific conclusions regarding adverse biological
consequences of inadvertent exposure to Round-Up, specifically, we would very much
support leadership from the Commission to protect citizens of Lake Elmo against these
consequences.
As the proposal is for a medical facility, it will generate medical wastes. We are
concerned about the potential for these wastes to contaminate ground water if such
wastes are mingled with residential septage. What is the plan for managing medical
wastes?
Considering that this is a commercial adventure dealing with medical
circumstances, what security precautions are under consideration, and how frequently will
the neighborhood get disrupted by sirens from emergency vehicles?
There is a wonderful menagerie of wildlife abiding on and about this property,
including Sand Hill cranes, occasional swans, eagles, geese and ducks, deer, fox, and
coyotes. What impact, if any, will the proposed facility have on these creatures, and what
protective measures, if any will be taken to protect them?
Thank you for your consideration of our concerns, and we look forward to having
them adequately addressed.
Sincerely,
George Crocker Lea Foushee
Do Not Pass the proposed Amendments for 5193 Keats Ave. A change of this magnitude
will significantly reshape the future of this area and transform it into something other than
what rural residents have come to expect and enjoy. The proposal does not match the long-
term plan for this area of the City. The placement of a commercial medical facility does not
conform to the best use of this land according to the Land Use Policy reflected in the
ThriveMSP 2040 Comprehensive Plan. Many people and organizations rely on the Plan for
decision making. References to the property designate it as environmentally significant and
protected.
Will the City complete a study to determine the financial impact a change of this sort would
have to the surrounding rural properties before making any changes? This type of business
would be better served and located on public sewer and water and close to public transit.
A medical facility does not fit into our rural residential neighborhood. The sky is completely
dark at night in this area. Adding a medical facility and commercial business on the edge of
Clear Lake will interfere with the adjoining and neighboring property owners’ right to the
enjoyment of their properties. It will affect our quality of living. The light pollution will be
disruptive to the dark night sky we all experience and enjoy by living in this rural residential
area. Commercial lighting of a medical facility, care center, parking lots, driveways,
sidewalks, and auxiliary lighting would be a major blow to the environment and all the
people who live here.
Increased traffic for this business would involve commercial delivery vehicles, staffing
transportation, service provider commutes, patients’, and their visitors’ vehicles. This will
be a nuisance for residents. We live in this area to get away from this. A traffic study should
be considered first before any further consideration of the two proposed Amendments. A
medical facility will produce more traffic from non-residents and commercial vehicles and
the potential additional need for traffic controls, like stoplights further adding to light
pollution. The movement of traffic through our rural neighborhood, including the
intersection of Keats at Hwy 36 for this business is undesirable. This is a very difficult
intersection.
According to Valley Branch Watershed District, see map attached, the current home and
outbuildings on this property are in the 100-year floodplain. This information shows the
current proposal will not work. Clear Lake is an environmental asset offering wildlife
habitat and corridors that should not be disrupted by a commercial business functioning
24/7 year-round. The proposed medical facility and type of services do not lend themselves
to supporting this habitat or our rural experience. The request to convert this property to
allow a commercial business site already illustrates the lack of care, concern and
stewardship vested to the new owner.
This property and the adjoining property owners to the east and south combined make up
one of the last standing larger agricultural areas of land in Lake Elmo. All the immediate
neighborhood properties are sizable rural residential homesteads. The best use of land is
to remain agricultural and rural. The property consists of 25.75 tillable acres, 12.33 acres
are pasture, 13.6 acres are wetland, 10.1acres of old growth woods, and most of Clear
Lake falls within the boundaries of this parcel of land. A medical facility is not consistent
with the character of this area and does not fit in an Agricultural Zoning District.
The intention to preserve this land with the AP designation was to “run with the land”. The
adjoining property owners also support a preservation status. The preserve will contribute
to protecting this area as part of a corridor of migrating and nesting large birds. The
adjoining properties on all sides of the lake have maintained a natural setting and habitat.
The property owners to the south of the lake have their homesteads included in
conservation easements which help continue support in the delicate balance of nature and
the encroaching urban development.
Allowing these 62 acres to be redesignated as RAD should be Denied. It’s one of the last
standing larger parcels of land and, in particular, because of the lake and wetlands, this
designation would not protect the area surrounding the lake from future division and would
disrupt the delicate and pristine environment we are desperately trying to save. The impact
of the change being proposed will affect the neighbors, the environment and the wildlife
and devastate the fine balance we strive to protect.
The City’s commitment should be to the residents that live in the community rather than to
a proposed business entity that does not plan to live on the site or in our community. It will
be a sad day for the environment if this proposal passes.
Thank you for your consideration,
Jane Chars, constituent of Lake Elmo
FEMA Floodplains
FLD_ZONE
100-Year Floodplain (Zones A/AE/AH)
500-Year Floodplain
FEMA Floodways
Intermittent Stream
Stream
National Wetland Inventory (EC Update, 2013)
Lake/Pond
Parks
Municipal Boundary Labels
Parcels (Oct 2023)
Easement Lines: Wash Co
SUBTYPE
Computed Utility Drainage
Conservation
Scenic
CSAH Routes
Federal State Highways
County Boundary
District Legal Boundary
LiDAR Contours, 2011
Contour_Type
10 Foot Contour
Printed on March 11, 2024
Print Letter Landscape
I
0 0.150.07
mi
THIS MAP IS FURNISHED ON AN AS IS BASIS AND WITHOUT
REPRESENTATION OR WARRANTY. The map is provide for the user’s
convenience and Valley Branch Watershed District (VBWD) makes no
representation regarding the accuracy or completeness. The information is
neither a legally recorded map nor a survey and is not intended to be used
as one. The data comes from various city, county, and state offices, VBWD,
and other sources and should be used for reference only. Barr Engineering
Co. and these data sources assume no liability for any errors, omissions or
inaccuracies herein and these entities have no responsibility with respect to
the user’s use of the map. VBWD believes that no licensing or copyright
fees are due to others, but to the extent they are, the user will pay the
appropriate fees and hold VBWD harmless from such claims.
Data Sources: LiDAR Contours - MnDNR LiDAR 2011,
Basemap - see sources overlay statement in map frame
From:Kirk K
To:Sophia Jensen
Subject:Public Hearing - Birth and Haven Proposal – Comprehensive Plan and Zoning Text Amendments
Date:Monday, March 11, 2024 6:24:35 PM
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Hello-
We are writing to you with some thoughts and concerns about this proposed rezoning.
We did not receive any information about this proposal from the City of Lake Elmo regarding this
proposal before this Saturday, Feb 9th. Which leaves a short time to respond and effectively get
opinions from members of the community that live nearby who would be greatly affected by this.
We chose to live in a residential area and want it to stay residential. Re-zoning this or allowing
commercial use would increase traffic and would potentially allow for future non-residential uses in
the surrounding area if this were to be allowed.
Rezoning a space that’s zoned agricultural would greatly hurt the integrity of Lake Elmo.
In a recent Star Tribune article, Lake Elmo was named as one of the most desirable suburbs to live in.
One of the main reasons was that Lake Elmo offers residents a rural feel. Allowing this rezoning and
commercial use would not offer the same rural feel to future and current residents.
We are opposed to this proposed change.
Callie and Kirk Kenneally
9828 51st St N, Lake Elmo MN 55042
From:robert.marie.meyer@comcast.net
To:Sophia Jensen
Cc:Charles Cadenhead
Subject:Proposed Birthing and Transition Center at 5193 Keats Avenue North
Date:Friday, March 22, 2024 3:38:10 PM
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Dear Ms. Jensen,
We support the planning commission’s action not to re-designate the
land at 5193 Keats Avenue North as Rural Area Development (RAD).
We oppose the commercial development of a birth and transition
recovery center at 5193 Keats Avenue North. The reasons for our
opposition are as follows.
The site’s lack of infrastructure to support commercial
development. The access to this site is a narrow city street. This
street is used by many walkers, who have little room for hiking.
With the significant increase in traffic volume that comes with a
commercial enterprise, the risk to pedestrians is even higher. The
access of Keats Avenue to Highway 36 is very high risk. Whether
one is accessing 36 going eastbound, or accessing Keats going
southbound, the intersection is dangerous. This intersection will
be especially challenging for expectant fathers and mothers trying
to arrive quickly at the birth center.
The site lacks adequate capacity to handle sewage safely.
Commercial enterprises, such as the birth and recovery center,
need to access city sewer to properly handle and dispose of waste.
It is my understanding that city sewer will not be available to this
site.
If rezoned, the site can be used for expanded commercial
capacities and many different commercial purposes. Once
approved, the birth and recovery centers will likely expand if they
are successful. This will have an even greater impact on the
wetlands and flood plain on the site and surrounding
neighborhood. If this business is not successful, the site is then
available for other commercial ventures. This make little sense for
a property totally surrounded by private residences.
Commercial development on this site will have negative
impacts on the wetlands and wild life at this site. The
surrounding neighborhood will also be significantly impacted.
This site contains a lake with surrounding wetlands which
supports a variety of wild life. The commercial development on
this site will result in a significant increase in polluted run-off
from parking lots and facilities. This medical facility will also
have considerable chemical and biohazard wastes. This
commercial medical enterprise will also be open 24 hours, 7 days
per week, resulting in large traffic volumes throughout the day
and significant light pollution at night.
Commercial development on this site will increase costs to the
city. The cost to the city will likely increase due to the need for
additional emergency response, additional police monitoring and
oversight, increase road maintenance, and expansion of public
sewer.
Sincerely,
Bob and Marie Meyer
Robert and Marie Meyer
5220 Keats Ave N
Lake Elmo MN 55042
6517701436
City Planner/City Leaders,
My letter is in response to the development at 5193 Keats Ave. N on the North side of Clear Lake, the
proposed birthing center and transitional recovery center. (As a note: We did not get the notice and we
live on the lake looking at the facility)
I am against the transitional recovery center in this location and I think the zoning rules need to be
addressed even if this facility goes forward.
I am concerned about the zoning language proposed for the transitional recovery center.
1. The language for the transitional recovery center allows for 2 buildings to be constructed. This
is on top of the birthing center.
That could be 5 or more buildings on the current developed footprint next to the lake.
The number of buildings on the footprint near the lake should be limited.
I believe the current rules would allow for the construction of the birthing center, two buildings
for the transitional recovery center and possibly 2 or more of the existing buildings.
For example the barns kept for historical purposes or to keep the rural look.
If the barns are kept, the shop/barn and a second barn could be used for an indoor parking
garage. There should be rules related to parking garages for transitional care facilities. To us this
will be a commercial complex suited for a different part of the city.
Further there should be height restrictions for these buildings. Suppose the plan is to convert
one barn. First story parking, second and third stories for recovery center and offices? Multi-
story commercial facilities should not be allowed in a rural zone without the typical commercial
infrastructure to support it. This should be addressed before we have a proposal.
We are also worried that once we have this birthing center/medical facility/recovery center and
an office building on the property, five/ten years from now, there will be a push to rezone the
existing facilities for either expansion or repurposing.
For example: The birthing center is not economical for whatever reason. What purpose could
the birthing center/ transitional care facility be used for?
A retirement Home? Not consistent with the current zoning
A medical facility? Not consistent with the current zoning
An office building? Not consistent with the current zoning.
A drug transitional recovery center? The city will incur costs not envisioned today.
To us the rules around the transitional recovery center for the birthing center are problematic
for this location.
Please look at the zoning rules for transitional care facilities located in a rural zone.
2. Please also make clear that a drug transitional recovery center or a halfway house is a separate
facility in the code (if it is not already).
My other concerns are probably addressed by many others.
3. Parking for the buildings.
The Birthing center allows 3 parking spots per patient.(12)
The transitional recovery center allows 2 per patient (10) and spots for each office in the facility.
One or more administrators
Two full time nurses always on duty for the transitional recovery center
Two full time nurses or birthing specialists always on duty for the birthing center
Doctor(s)
Receptionist/ Check-in
Maintenance
Food Service/ cafeteria workers
Shipping/ Receiving
Pharmacist
Who knows how many more?
By my count 40-50 spots.
That is a lot of parking for a rural setting concentrated on the lake. If the barns are kept for
parking, this property would definitely be a commercial complex.
4. Traffic / Access
Traffic will be increased. Food Service trucks, delivery trucks or Semi-trucks, garbage trucks,
medical staff all hours of the day, visitors, florist delivery, etc.
Access from 36 is currently sketchy. A short deceleration zone. No acceleration zone.
Crossing 36 at Keats is a problem. Especially during rush hour.
Safe access with increased traffic is even more problematic. Other access is the roundabout
traffic pattern thru quiet streets that would not be so quiet any more.
Further, the proposed changes to Lake Elmo Ave and 36 will not help this situation.
5. Other topics include Sewage, Lighting, Security, ect.
Bill and Cheryl Vogel
5055 Keats Ave N.
Lake Elmo, MN
From:Karen
To:Nick Dragisich; Sophia Jensen; Charles Cadenhead; Jeff Holtz; Katrina Beckstrom; Matt Hirn
Subject:White Eagle Ranch on Keats
Date:Wednesday, April 24, 2024 10:45:42 AM
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To Sophia and the City Council of Lake Elmo,
I was out of town at the Mayo Clinic for a week and when I returned, I found a letter from a neighbor
informing me about the situation at White Eagle Ranch on 5193 Keats. Yesterday, I was forwarded
the Planning Commission’s March 11, 2024 Staff Report. I am wide-eyed and very upset that
Sophia and team are supporting this motion.
It states that notification was sent to “surrounding property owners”. It seems that this was
extremely limited because I live on 55th Street N and our road was not included yet would besignificantly impacted if this motion passes. To state that “No public comment has been received
at this time” paints an inaccurate picture. No comments had been received because our community
was not adequately notified.
I have been reading the opinions provided to the City Council and Planning Commission by neighbors
that are closer to the site. I don’t need to repeat their concerns here (related to environmental
impact, the impact of all the needed lighting, the future zoning impact, etc) but I do fully support
and agree with them. Is an EIS in the works? Is a TIS in the works? I did not see any reference to
them and am very disappointed to think such a motion would pass without these being completed.
My concern to be highlighted here is the traffic impact. Keats is currently 45 mph and we
consistently witness speeding. It is a straight shot and easy to speed on. With the completion of the
housing development by Rock Point Church, there is often a wait to enter onto Rt 36 and with the
highway’s increase in traffic and no entry lane, it can take a while and is not the safest for many
people to do. With Mr. Melvin’s request, you are actually considering allowing the building of a
commercial facility that will include emergency vehicles and families rushing their women in labor to
the center?? Per Mr. Melvin’s report, with 4 birthing rooms, at 1 birth per room per day, where 10%
could require emergency transport to the hospital, that could easily equate to ambulances speeding
down Keats every other day! The noise of the sirens would have a definite impact. The safety
concern is even more significant. We walk on Keats almost daily. My 10 year old daughter often
rides her bike with me. Some cars will move across the yellow lines to give more room but most
won’t and they are traveling fast. There are no sidewalks. It is NOT that safe as it is today. We rush
to walk from 55th St to 57th St to do our “loop”. To think about the added traffic … ambulances,
rushing families, employees, waste disposal trucks, supply trucks … makes my stomach tighten.
I truly hope that the city of Lake Elmo will honor its commitment to this community in Lake Elmo
and choose us, homeowners who would like to live here for years to come and who truly value the
quiet and natural surroundings, over a new institution who is looking to expand from their current 5
existing locations to make a profit.
I will be at the May 7th vote along with as many neighbors as I can notify in time.
Karen Granovsky
55th St N, Lake Elmo
From:Joyce Kelch
To:Charles Cadenhead; Jeff Holtz; Katrina Beckstrom; Matt Hirn; Nick Dragisich; Sophia Jensen
Subject:5193 Keats Ave N - decline the two zoning amendments
Date:Tuesday, April 30, 2024 1:19:45 AM
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Hello Mayor & councilmen. I am strongly opposed & need your vote to oppose & VOTE
"NO" to DECLINE to the zoning changes to 62 acres at 5193 Keats Ave North, Lake Elmo,
MN. Pease stop/decline the zoning amendments with MN Woman's care to move in &
operate a business with 7,700 sqft transitional housing at 5193 Keats Ave North. This business
does not fit for this rural neighborhood & farming community. There are many concerns; 1)
solid medical waste removal. 2) amount of delivery trucks for medical supplies & food 3)
night light pollution 4) MN DOT plans to shut off the access of Keats Ave N. traffic to Hwy
#36 next Summer '25. Keats Ave an is a 2 lane city street & almost at capacity several years
ago. 5) ground water usage. 6) sewer 7) new structures planned in FEMA 100 year flood
plain 8) concerned about future expansions 9) this is agricultural area with large tractors - no
road shoulders. 10) impacting the tranquility environment for local neighbors & wildlife. 11)
road safety concerns for pedestrians & cyclists. 12) expecting high speed traffic on sharp road
corners. Vote to DECLINE - 5193 Keats on May 7th evening at City council
meeting . Thanks. Regards, Joyce Kelch 4855 Keats Ave N, Lake Elmo, MN
55042