Discussion:
Site Information
Applicant: Ann Spanish
Property Owner: Shakopee Veterinary Clinic Properties LLC
Location: South of Hwy. 169, east of Marystown Rd., south of 17th Avenue
Current Zoning: Urban Expansion Reserve (UER) Zone (Jackson Township)
No Shakopee Zoning Designation
Adjacent Zoning: North: Urban Expansion Reserve (UER) Zone (Jackson Township)
South: Urban Expansion Reserve (UER) Zone (Jackson Township)
East: Urban Expansion Reserve (UER) Zone (Jackson Township)
West: Urban Residential (R-1B) Zone
Comp. Plan: Single Family Residential (Unofficial)
Lot Size: 4.78 Acres
Introduction:
Ann Spanish with the Shakopee Veterinary Clinic has made an application to request the annexation of an approximately 5-acre property at 12675 Marystown Road, including the adjacent right-of-way of Marystown Road; to be rezoned to Community Commercial (CC) and Urban Residential (R-1B); and Reguide the property to Commercial and Single Family Residential land use to support their continued operations on the property and a future expansion to accommodate increased business. The subject property is approximately 4.78 acres, and is located east of Marystown Road and south of 17th Avenue. It is directly across Marystown Road from the future Windermere South development which has prompted the veterinary clinic to move for annexation and inclusion into the MUSA boundary in order to receive water and sanitary service for their potential expansion when it is installed. The rezoning and reguiding is a necessary step as well and is being done in conjunction with the annexation to simplify the process.
Staff received comments from SPUC and Engineering, which are attached, and from the Fire Department. Fire's comment indicated that any new construction of a new building or expansion of the existing building will require the installation of a fire sprinkler system.
Annexation Discussion:
Currently, the business’ operation will continue as it has for years as a veterinary clinic. The clinic plans to build an expansion in the near future, as is shown on the site plan in white. The expansion is planned to be roughly 5,000 square feet and be oriented on the west half of the property near to Marystown Road, north of the existing structure. The rezoning and reguiding will allow the applicant to begin the process for the expansion as soon as they are ready and will afford them maximum flexibility.
The property, while being outside the city boundaries, is within the area identified in the orderly annexation agreement made between the City and Jackson Township. The requirement for consideration of annexation states that for a property owner intiated annexation the subject property needs to abut with Shakopee’s municipal boundary and that shared border needs to be at least 50 lineal feet. The subject property meets this requirement with all 300 lineal feet of its west property line being shared with the City along Marystown Road.
Staff, the applicant and outside agencies have spent considerable time reviewing and discussing this submittal. The subject property will continue to be utilized as a veterinary clinic, with the possible expansion in the near term and will have no significant impacts on the surrounding neighborhood.
Comprehensive Plan Amendment Discussion:
When a property is annexed into the city, the Planning Commision and City Council must establish a guiding for the property in the Comprehensive Plan. This parcel was anticipated to be developed wholly as single family residential by the 2030 Comprehensive Plan, however since it was not within the City limits, or part of a staging plan at the time of plan adoption, specific guiding was not approved. The applicant’s proposal does not match the surrounding land use, but is an existing business that has been located at the property since 2013 and has been in harmony with exisiting surrounding uses since. This is not anticipated to change as a veterinary clinic is an important service for many area residents. The parcel will not be wholly guided for commercial. Staff, recognizing that only the western half of the parcel will be used for clinic purposes, is looking to guide the eastern half for single family residential, to better fit the parcel to the directly surrounding area which is unofficially guided for single family residential.
Rezoning Considerations:
The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists:
1. The original zoning ordinance is in error.
2. Significant changes in goals in community goals and policies have taken place.
3. Significant changes in city-wide or neighborhood development patterns have occurred.
4. The comprehensive plan requires another provision.
Staff believes revising the zoning for this property meets more than one of the criteria. The current zoning of the property is covered by the Scott County Zoning ordinance and per the annexation process this zoning designation remains until changed and approved by the City. The parcel is currently zoned Urban Expansion Reserve (UER), the rezoning will bring the parcel into the City’s zoning designation and better fit the continued commercial use of the property as veterinary clinic. The proposed rezoning will split the parcel into east and west halves, same as the comprehensive plan reguiding. The new zoning will designate the western half as Community Commercial (CC) for the veterinary clinic and the eastern half will be rezoned to Urban Residential (R-1B) to better integrate the eastern half for future residential development, conform zoning with the comprehensive plan and maintain flexibility on the vacant half of the parcel for future possible parcel subdivisions or residential development.
Budget Impact:
Per the Orderly Annexation Agreement, the City must pay Jackson Township seven years of the city portion of the property taxes for this property.