Discussion:
SITE INFORMATION
Applicant: Shakopee Veterinary Clinic Properties, LLC
Property Owner: Shakopee Veterinary Clinic Properties, LLC
Location: 12675 Marystown Road
Current Zoning: Community Commercial (CC) and Urban Residential (R-1B)
Adjacent Zoning: North: Jackson Township
South: Jackson Township
East: Jackson Township
West: Urban Residential (R-1B)
Comp. Plan: Commercial and Single Family Residential
Lot Size: 4.78 Acres
Shakopee Veterinary Clinic Properties, LLC., has made an application for a Conditional Use Permit to allow a veterinary clinic to support the continuation of the existing business at the site. The subject property is located on the east side of Marystown Road directly across from the Mt. Olive Evangelical and Lutheran Church and southeast of the Windermere development. The uses in the immediate area are the two church properties across Marystown Road and rural residential uses to the north, south, and east of the property. The veterinary clinic has been in operation at this site since 1973 and has recently completed an annexation and rezoning process with the city. After the annexation and rezoning, the existing clinic is now considered a nonconforming use, a designation which would limit options for the clinic in the future. This CUP will bring the existing clinic into conformance and allow for any possible future expansion. It should be noted that a future expansion would require additional permits from the city and this CUP is only to allow the existing use to continue to operate.
The applicant has provided a descriptive narrative, proof of interest in the land and site plan. The nature of the operation will be to continue to operate as a veterinary clinic. The Shakopee Veterinary Clinic has been in operation in the same building since opening in 1973 and for the time being, will continue to operate on site. There were plans to construct a new expansion of their facility to modernize their operation and better handle an expected increase in demand with new development directly west, but price pressures have put that plan on hold for now. Attached will be a conceptual site plan of what the new site could look like, but at this time those plans are not being pursued further.
Any new expansion of the facility would utilize a new septic system as municipal sewer is not anticipated to be available for an undetermined amount of time. This septic system would likely be used for its entire lifetime and will be able to be utilized until sewer is ready to be extended to the property. In addition, a new expansion would also rely on well water until the time that municipal water service would be ready for the site.
Required parking is being met on site, the existing structure requires three parking spaces and is currently providing 12 spaces between the front parking providing five paved spaces and the rear parking which provides seven non-paved parking spaces.
The existing driveway onto Marystown Road is proposed to remain in the same location. Marystown Road is a County Road and County requirements require a driveway to be 500 feet from an intersection, the existing intersection at 128th Street is roughly 370 feet from the existing driveway. Since the driveway predates these regulations it can remain, but will be forced to be abandoned when access can be gained from a future street to the east of the property.
The listed conditional standard for veterinary clinics is that they do not directly abut land zoned for single family residential uses (R-1A, R-1B, R-1C). This standard cannot be followed at this site as residentially zoned land will surround the site, but today and for the foreseeable future that residentially zoned land is either used by a church, not a residential use, or will not see development for potentially many years. In addition, the clinic has existed at this site for decades with no issues with surrounding residential properties and staff believes that this dynamic will not change, even when the surrounding parcels eventually do develop. In addition, the existing clinic is screened with landscaping from any residential areas and a condition of this CUP will be for that level of landscaped screening to remain.
FINDINGS
The criteria required for the granting of conditional use permits are listed below with staff findings.
Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 Staff has received no evidence that a veterinary clinic will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the conditions of the resolution are met. The veterinary clinic has existed at the site for 45 years without issue and will continue to do so. This CUP will bring the existing use into conformance in the city and will allow the applicant to make needed improvements on the site at a later date.
Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The conditional use permit, as proposed, will not impede future development and improvement in the area, provided the conditions of the resolution are met. The veterinary clinic is an existing use and potential future improvement on the site will only make the area more desirable for future development.
Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
Finding #3 Adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site. The applicant will continue to utilize the existing driveway, septic system and well for the time being. If an expansion is constructed in the future, a new septic system will be installed on site to handle all sanitary needs, adequate storm water drainage will be provided and the site will utilize an existing driveway onto Marystown Road until alternative access becomes available.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The use of the subject property is consistent with the purposes of the Community Commercial (CC) Zone, commercial use and development. A veterinary clinic is a commercial use and explicitly listed as a conditional use.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The use is not in conflict with the Comprehensive Plan which was recently amended for this site and which designates Commercial uses for this property.