HomeMy WebLinkAbout#05 - Birth and Haven Denial1
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STAFF REPORT
DATE: 5/21/2024
Consent
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Agriculture Zoning District Uses – Birth and Haven
BACKGROUND:
Melvin Ashford with Minnesota Women’s Care (Project Address: 5193 Keats Ave) has requested
a zoning text amendment to the agricultural zoning district. The request is to include adding birth
center and transitional care as conditional uses to Table 9-1 in addition to the definitions and
performance standards sections. As part of this request, City Staff has reviewed adjacent cities and
State regulations. At the May 7th 2024, City Council meeting, the Council directed Staff to bring
forward a resolution for denial of the proposed text amendment.
ISSUE BEFORE CITY COUNCIL
The City Council is being asked to make a determination on the proposed zoning text amendment.
OPTIONS
• Approve the proposed amendment.
• Amend the proposed amendment.
• Deny the proposed amendment.
RECCOMENDATION:
Staff is recommending that the City Council approve the denial resolution as part of the consent
agenda. If removed from the consent agenda, Staff recommends the City Council approve the
request with the following motion:
“Move to adopt Resolution 2024-055 denying the request from Melvin Ashford with Minnesota
Women’s Care for a zoning text amendment to include Birth Center and Transitional Care
Facility in the City’s Zoning Code.”
ATTACHMENTS:
• Resolution 2024-055
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2024-055
A RESOLUTION DENYING THE REQUEST FROM MINNESOTA WOMEN’S CARE FOR
A ZONING TEXT AMENDMENT TO THE LAKE ELMO ZONING CODE TO INCLUDE
“BIRTH CENTER” AND “TRANSITIONAL CARE FACILITY” AS CONDITIONAL USES
IN THE AGRICULTURAL ZONING DISTRICT
WHEREAS, the City of Lake Elmo (the “City”) is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, Melvin Ashford with Minnesota Women’s Care (the “Applicant”) has
submitted an application to the City for a zoning text amendment to amend the agriculture
zoning district uses and land use definitions to include “Birth Center” and “Transitional Care
Facility” as conditional uses in the Agricultural zoning district; and
WHEREAS, notice of the proposed zoning text amendment has been published pursuant
to the Lake Elmo Zoning Code, Section 103.00.120; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on March 11th 2024; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a staff memorandum dated May 7th 2024; and
WHEREAS, the City Council considered said matter at its May 7th 2024 meeting and
directed City staff to draft a resolution denying the zoning text amendment for its consideration;
and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following findings of fact:
FINDINGS
1) That the procedures for obtaining a zoning text amendment are found in Section 105.12.280
of the Lake Elmo Zoning Code.
2) That all submission requirements of Section 105.12.280 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed zoning text includes the following components:
a) Amending Section 105.12.110 of the Lake Elmo Zoning Code to include definitions
for “Birth Center” and “Transitional Care Facility.”
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b) Amending Section 105.12.410 Table 5-2 of the Lake Elmo Zoning Code with parking
standards for “Transitional Care Facility”.
c) Amending Section 105.12.510 of the Lake Elmo Zoning Code by adding performance
standards for “Birth Center” and “Transitional Care Facility”.
d) Amending Section 105.12.620 Table 9-1 of the Lake Elmo Zoning Code to include
“Birth Center” and “Transitional Care Facility” as primary conditional uses in the
Agricultural zoning district.
4) Because Agricultural zoning district properties are often adjacent to residential properties,
including the Applicant’s property, which is adjacent to residential properties, the proposed
uses are incompatible with surrounding land uses, given that the intensity of the proposed
land uses.
5) According to Section 105.12.610(b) of the City Code, the purpose of the Agricultural
zoning district is “to allow for agricultural and other activities associated with
agriculture…[i]n addition, some limited agriculture-related businesses, such as wayside
stands and outdoor recreation, are appropriate short-term or interim uses for the district.”
The Applicant’s proposed use is a medical facility use which is not in alignment with the
purpose of the Agricultural zoning district in the City Code as it is not a agriculture-related
business.
6) By allowing these types of uses within the Agricultural zoning district, they will be allowed
not only for the Applicant’s property but for all Agricultural zoning district properties
within the City which may cause there to be negative impacts to other properties that
surround these Agricultural zoning district properties, including, but not limited to, a
significantly increased amount of light pollution and traffic.
7) The Applicant’s property is on Keats Avenue, which a narrow road. It is also not connected
to City sanitary sewer and utilizes a septic system. Therefore, the property and most
agricultural properties given their rural locations, lack the proper roadway and sewer
infrastructure to support a use of this intensity. This is given that emergency personnel
will need to access the property with emergency vehicles (for intrapartum transfers to
hospitals), and there will be additional traffic associated with the employees, patients, and
visitors of the birth center and the transitional care facilities. The proposed birth center
would allow up to four birthing patients at a time and up to ten transitional care patients.
8) These uses would operate as a medical facility which is already permitted in the City’s
urban business park and commercial districts. The City’s definition in the Lake Elmo
Zoning Code for “medical facilities” includes the birth center and transitional care uses in
these zoning districts. The urban business park and commercial districts have the necessary
infrastructure that will be required for birth centers and transitional care facilities.
DECISION
NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above findings, the City Council of the City of Lake Elmo hereby
denies the request from Melvin Ashford with Minnesota Women’s Care for a zoning text
amendment.
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Passed and duly adopted this 21st day of May, 2024 by the City Council of the City of Lake Elmo,
Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk