Discussion:
Introduction:
Ann Spanish with the Shakopee Veterinary Clinic has made an application to be rezoned to Community Commercial (CC) and Urban Residential (R-1B) to support their continued operations on the property, a future expansion to accommodate increased business and maintain flexibility for future development. 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 into the city. The rezoning is a necessary step for development on the site and is being done the same time as the annexation as the Metropolitan Council is requiring that comprehensive plan amendments to the 2030 plan be approved no later than September 30th. Zoning districts must be in conformity with land use guiding.
The split in zoning will offer the applicant the flexibility to plat their property at a later date, to create an outlot in the eastern portion (250 feet by 300 feet) of the parcel which will be able to be sold when development is proposed for the surrounding lots.
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 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 all of the criteria. A newly annexed property enters the city designated as Agricultural Preservation (AG) which is incompatible with the existing use on the property, and before any site improvements may be made by the applicant the zoning for the property needs to be amended. In addition, major changes are happening in this area of Shakopee and the applicant, being aware of the changes, is making the request in anticipation of the large scale development currently occurring across Marystown Road from their location.
The new zoning will designate the parcel for the western half as Community Commercial (CC) to support the clinic's activities and the eastern portion as Urban Residential (R-1B) to better integrate that portion with the adjacent residential areas and for future platting into an outlot for eventual residential development. The rezoning will follow the same area as the reguiding of the property, designating the eastern 75,000 square feet (250 feet by 300 feet) for residential purposes and the western portion Community Commercial for the commercial operation of the veterinary clinic. This will better fit the parcel with the surrounding area which is unofficially guided for single family residential. This will also give the applicant the ability to plat the parcel and create an outlot for the eastern portion of the property which will allow the the applicant to sell the outlot when the surrounding parcels are ready for development. Before any new expansion may occur, the applicant must apply for and be approved for a Conditional Use Permit by the Board of Adjustment and Appeals.