HomeMy WebLinkAbout09-202MAY 26, 2009 09 -202 RESOLUTION
(CARRIED 4 -2 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A MIXED
COMMERCIAL /RESIDENTIAL STRUCTURE AND APPROVE
SITE PLANS AND ELEVATIONS FOR PLANNED
DEVELOPMENTS INCLUDING A 60 UNIT SENIOR LIVING
APARTMENT BUILDING, A 14,000 SQUARE FOOT
COMMERCIAL STRUCTURE, AND 15,000 SQUARE FOOT
MIXED USE COMMERCIAL /RESIDENTIAL STRUCTURE
INITIATED BY: OSHKOSH RIVER DEVELOPMENT LLC
REDEVELOPMENT AUTHORITY ACTION: Approved
PLAN COMMISSION RECOMMENDATION: Senior Living: Approved 5 -2
Commercial & Mixed Use: Approved 6 -1
BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional
use permit for a 15,000 square foot mixed use commercial /residential structure at the
corner of Pearl Avenue and Jackson Street and the planned developments of said mixed
use commercial /residential structure and a 14,000 square foot commercial structure for a
pharmacy with drive -thru and associated amenities at the corner of Marion Road and
Jackson Street, per the attached, and the attached site plans and elevations for said
developments, are hereby approved with the following conditions:
1) Provide an enhanced level of landscaping and landscape architecture treatments
for the parking areas abutting Jackson Street and Marion Road.
2) Materials used for trash enclosures be consistent with the primary materials used in
construction of the principle structures on the site.
3) Final landscape plans to be approved by the Department of Community
Development prior to permit issuance.
4) Final approval of all site signage to be approved by the Department of Community
Development prior to permit issuance.
5) Permit driveway access from Jackson Street for a period of 3 years after which the
driveway will be reviewed to determine if any modifications are needed to alleviate
traffic safety issues.
BE IT FURTHER RESOLVED that the planned development of a 60 unit senior
living housing complex for residents 55 and older, and associated amenities, on the south
side of Marion Road, along the riverfront, per the attached, and the attached site plans and
elevations for said development, are hereby approved with the following conditions:
1) Approval of landscape plan by the Department of Community Development.
2) Approval of proposed ground sign by the Department of Community Development.
3) Approval of final building elevations, materials, and colors by the Department of
Community Development.
0
OfHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kim, y ✓� u"'�
Director of Co unity Development
DATE: May 21, 2009
RE: Approve Conditional Use Permit for a Mixed Commercial/Residential Structure
and Approve Site Plans and Elevations for Planned Developments including a 60
unit senior living apartment building, a 14,000 square foot commercial structure,
and 15,000 square foot mixed use commercial /residential structure.
(Redevelopment Authority/Plan Commission Recommend Approval)
BACKGROUND /SUBJECT PROPERTY
Council is asked to provide Zoning Ordinance approval for a Conditional Use Permit and
Planned Development District site plans for three projects to be constructed in the Marion Road
Redevelopment Area. The projects include:
• a 15,366 s.f. 2 -3 story mixed commercial /residential structure on the southwest corner of
Pearl Avenue and Jackson Street.
• a 14,016 s.f. commercial structure (pharmacy) with drive -thru on the northwest corner of
Marion Road and Jackson Street;
• a 60 unit apartment complex on the south side of Marion Road;
Projects North of Marion Road
Mixed Use Commercial/Residential Structure /Southwest Corner Pearl & Jackson
The mixed -use structure is a 2 -3 story structure of approximately 15,000 s.f. with 7 dwelling
units on the second floor and one accessible unit on the first floor. The first floor will contain
commercial space totaling approximately 6,600 s.f. with 4,200 s.f. devoted to a restaurant and 2
additional retail spaces of 1,200 s.f. each. The building will be a combination of brick and EFIS
and is situated near the right -of -way line to create a street wall effect similar to other newly built
structures to the west along Pearl Avenue. Ample parking is provided to the rear of the structure
with the requirement that 16 spaces be devoted for the residential units.
The Conditional Use Permit will provide zoning approval for the mixed commercial - residential
use, and the one ground floor accessible apartment.
Commercial (Pharmacy) Structure with Drive- thru/Northwest Corner Jackson & Marion
Road
The commercial project involves construction of an approximate 14,000 s.f. pharmacy building
with drive -thru. It is a one story building with a two story atrium entrance. The drive -thru is
located on the south side of the building. Surface parking that meets zoning requirements is
located on three sides of the building, with a loading zone on the west elevation.
Access to the developments north of Marion Road will come from driveway access from each of
the four street frontages abutting the area.
Apartment Project
The apartment project identified as "The Rivers" contains 60 units (36 one bedroom units and 24
two bedroom units) and is for persons 55 and older. The building includes lower level parking
with 60 spaces and 3 stories of residential units. There are 13 surface parking spaces on the
north side of the building.
The building is proposed with a "U" shaped design to create a center courtyard accessible to the
public riverwalk to be developed in this area. The "U" shaped design maximizes opportunities
for river views from the apartment units. The entrance to the building will be from Marion Road
but the building's primary orientation will be to the Fox River.
According to the developer, the Rivers will meet Greenbuilt Home Standards, which includes
use of Energy Star appliances; meeting recycling and indoor air quality requirements, and having
a structure that is 15% more energy efficient than the code minimum. Other construction items
include: having the project oriented to provide a southern facing communal courtyard; use of
erosion control best practices; use of advanced insulation and air sealing techniques; use of high
efficiency heating equipment; use of energy saving lighting/lighting controls; use of engineered
lumber products wherever possible; use of fiber cement siding; use of additional foundation
insulation; and use of plywood from certified sustainability forests.
ANALYSIS
All three projects include uses permitted in the C -3, Central Commercial District. The base C -3
District includes a Planned Development "PD" Overlay District.
From a Planned Development District perspective, the three projects provide designs that
contribute to the quality of the built environment in this former industrial district and brownfield
area.
The 2 -3 story mixed commercial- residential structure is a modern urban style building with a flat
roof accented with roof line breaks, significant amounts of windows, first floor canopies, and
living unit balconies. Building materials include first floor red brick with upper level EFIS.
The commercial pharmacy building will include a combination of brick and stone. To provide
an enhanced urban feel to the project, the developer is proposing the installation of brick pillars
and wrought iron type fencing integrated with landscaping along the front right -of -way line with
Jackson Street and a portion of Marion Road.
4
The 3 story apartment project offers a traditional urban design with earth tone colors and high
roof lines. The building will include 80% brick and 20% hard plank cement siding. As noted,
the building provides a design with a significant orientation to the Fox River.
Jackson Street Driveway. In the review of the site plans north of Marion Road, the Department
of Community Development and other City Departments raised concerns about the driveway that
was proposed off Jackson Street midway between Marion Road and Pearl Avenue. The primary
concern related to northbound traffic on Jackson Street that would be looking to make a left turn
into the driveway on Jackson, creating a potential traffic hazard for the northbound traffic. To
address that concern, it was proposed the driveway on Jackson include an interior median in the
driveway to limit the driveway to right in/right out only.
The developer and Morton Pharmacy indicated limiting the driveway to right in/right out only
would present problems for customers wanting to access the area, and at the Plan Commission
meeting on May 19 they asked if the Plan Commission would agree to a condition that would
allow the driveway with no restrictions for a period of three years, at which time the condition
can be revisited if significant traffic problems had been created, and if that was the case, the prior
proposed condition on the right in/right out only format could be reconsidered, and the developer
would agree to cover the cost of installing the median in that regard. The Plan Commission
agreed with the request by the developers, and as a result the condition in the Resolution was
modified to reflect the three year review format.
FISCAL IMPACT
The projects are situated in a central city redevelopment area where existing municipal services
are currently available to meet the needs of the proposed developments. While not necessary
from a service delivery standpoint, the developments are, however, counting on the City/RDA
following through with the planned construction of the public riverwalk along the Fox River in
2010. The riverwalk will be a key attribute to the apartment project and the other projects, as it
will be in stimulating and attracting additional developments in the area.
The projects will also begin to add valuations and associated property taxes in Tax Increment
District 21 that are needed to help the City/RDA address costs incurred in preparing the area for
development and costs of the public riverwalk.
RECOMMENDATION
The Redevelopment Authority unanimously approved the proposed projects and site plans at its
meeting on May 14 and the Plan Commission gave its approval to the Conditional Use Permit
and Planned Development site plans and elevations at its meeting on May 19 with conditions
that are included in the Resolution. It is therefore recommended the Zoning Ordinance approvals
be given to the three projects.
Approved,
City Manager
ITEM: DEVELOPMENT PLAN REVIEW APPROVAL FOR MULTIPLE
PROPERTIES IN THE MARION ROAD REDEVELOPMENT AREA
INCLUDING A CONDITIONAL USE PERMIT FOR A MIXED USE
VARIANCE FOR NUMBER OF DRIVEWAYS AND SPACING
Plan Commission meeting of May 19, 2009
GENERAL INFORMATION
Petitioner: Oshkosh River Development
Owner: City of Oshkosh Redevelopment Authority
Action(s) Requested
Oshkosh River Development has submitted site plans and elevations for site and Development Plan
Review for three projects proposed in the Phase II Marion Road Redevelopment Area. The projects
include the Rivers, a 55 and older apartment complex to be located along the Fox River in
Development Area 3; a 14,016 square foot pharmacy commercial building on the northwest corner of
Marion Road and Jackson Street, and a 15,366 square foot two story mixed commercial /residential
structure on the southwest corner of Pearl Avenue and Jackson Street. Attached to this staff report are
site plans, and elevations for the three projects as well as an overall concept plan for the area.
Applicable Ordinance Provisions
Criteria for Planned Development Overlay Districts are located in Section 30- 33(E)(3) of the Zoning
Ordinance.
Property Location and Type
The properties are located in the Phase II Marion Road Redevelopment Area. The Phase II area is
comprised of approximately 13 acres of former industrial lands with roughly half of those lands having
river frontage. The Marion Road Redevelopment Area is located between UWO on the west and the
central business district on the east. The Phase II area is generally abutted on the east by two older
industrial uses, Mercury Marine and Lamico and by a new apartment project, Morgan Crossing that
was also developed as part of the Phase II redevelopment plan.
ANALYSIS
Subject Site Phase II Area)
�xitn 5 Land Use Zone change Area . E ` `" w ;, Zomng
Undeveloped C -3PD
acent Land Use and
II Area
North Institutional across Pearl Avenue
South Property abuts along river, other side are industrial lands
East Commercial /City Center property across Jackson Street
West Industrial
The Rivers — Senior Living Apartment Project
C -3PD
M -2
C -3
M -2
The apartment project is for persons aged 55 and older, with a total of 60 units (36 one bedroom units
and 24 two bedroom units). The 3 -story building will include lower level parking and three stories of
residential apartments.
The project offers an urban based design with a more traditional look, with the structure having
approximately 80% brick and 20% hardplank cement siding or equivalent. The predominate use of
brick helps create a strong sense of permanence for the project. While the front entrance is off the
Marion Road parking area and drive, the building's primary orientation is to the Fox River.
According to the developer and developer's architect, the Rivers will meet Greenbuilt Home Standards,
which includes the use of Energy Star appliances; meeting recycling and indoor air quality
requirements; and having a structure that is to be 15% more energy efficient than the code minimum.
In addition, other construction items include; having the project oriented to provide a communal
courtyard facing south; use of erosion control best practices; the use of advanced insulation and air
sealing techniques; the use of high efficiency heating equipment; the use of energy saving lighting and
lighting controls; the use of engineered lumber products wherever possible; the use of fiber cement
siding; the use of additional foundation insulation; and the use of plywood from certified sustainability
forests.
Statistics
Proposed Parcel Area:
Building Footprint:
Asphalt Area
Concrete Area
Pervious Fire Lane
Greenspace & Landscape Areas
Zoning and Site Considerations
Use
1.79 Acres
26,750 s.f.
34.4%
19,096 s.f.
24.6%
5,194 s.f.
6.7%
1,875 s.f.
2.4%
24,817 s.f.
31.9%
The use is a permitted use within the C -3 zoning district. The apartment project is for persons aged 55
and older, with a total of 60 units. The developers have sought tax credits for the project, and this will
Item: CUP /PD Marion Road Redevelopment 2
result in the establishment of both income and rent limits for units in the complex. The project will
build on and contribute to a mix of age groups and income ranges for those living in the Marion/Pearl
Neighborhood.
Setbacks and Building Orientation
The building is placed on the site to take advantage of the adjacency of the river and riverwalk and as
such is setback approximately S feet from the riverwalk outlot boundary. The building is designed in a
"U" shape to provide a center courtyard with gazebo for resident gathering and activity. There appear
to be no zoning setback issues with the proposed building.
Parking and Access
Parking is proposed to be provided with a combination of surface and underground parking. 60 spaces
are to be provided as lower level parking and 13 surface spaces for a total of 73 spaces, which exceeds
the 60 space minimum required by the Zoning Ordinance. Access to the development will come from
two driveway entrances to Marion Road located on either side of the development.
Elevations Building Materials
The building elevations will be clad in approximately 80% brick and 20% hardplank cement siding or
equivalent. The predominately brick building will be consistent with the majority of the newly
constructed residential complexes (Concord, Morgan Crossing, LRN) that have been constructed in the
redevelopment area and this development will continue that style. The colors indicate earth tones
consistent with development in the area.
Landscaping, Signage and Other Considerations
A detailed landscape plan has not been submitted for review and a plan will be required at permit
issuance. The submitted site plan does show a conceptual site landscape plan that the future site plan
will have to be consistent with.
A ground sign is proposed to be located near the easternmost driveway entrance. No details have been
provided as to size or construction type and a condition is recommended requiring final approval by the
Department of Community Development to ensure appropriateness with regard to scale and placement
and to not interfere with traffic ingress /egress to the site.
Recommendation
Staff is recommending approval of the site and development plan for the proposed senior apartments
with the following conditions:
1. Approval of landscape plan by the Department of Community Development.
2. Approval of proposed ground sign by the Department of Community Development.
3. Approval of final building elevations, materials, and colors by the Department of
Community Development.
Item: CUP /PD Marion Road Redevelopment
Projects North of Marion Road
The area north of Marion Road is designated as Development Area 4. At this point Oshkosh River
Development is bringing forward a site plan for a portion of this broader area. In the area between
Marion Road and Pearl Avenue that is primarily adjacent to Jackson Street the developers are
proposing two projects at this time:
1. A one story pharmacy building on the northwest corner of Jackson Street and Marion Road.
2. A two story mixed commercial- residential building on the southwest corner of Jackson Street
and Pearl Avenue.
The remaining portion of the area north of Marion Road nearest Riverway Drive and its future
extension (approximately 2.36 acres) is identified for future development that will be required to obtain
site and development plan approval.
Statistics
Pharmacy
Building Footprint 14,016 s.f.
No. of Stories One Story w /two story entrance atrium
80 parking spaces provided (0 required)
Mixed Use Retail - Residential Structure
Building Footprint 7,683 s.f.
Number of Stories Two Stories
Restaurant 4,200 s.f.
42 parking spaces provided (0 required)
Retail (2 space) 1,200 s.f. (each)
Residential
7 units w/2 bedrooms on 2nd floor
1 unit (accessible) 1 bedroom on 1 St floor
Parking spaces provided 23 (15 required)
Future Commercial Development Pad along Jackson Street 3,000-4, 000 sf. footprint
20 Parking spaces allotted (0 required)
Future Commercial Development Pad along Pearl Avenue and Riverway Drive S, 000 sf. footprint
29 parking spaces provided (0 required)
Zoning and Site Considerations
The pharmacy is proposed at the corner of Jackson Street and Marion Road. At 14,000 square feet, it is
a larger commercial structure that will offer not only pharmacy related goods and services but also
more convenience store related items such as foodstuffs, toiletries, candy, etc. It will include a drive -
thru on the south elevation.
The mixed commercial- residential building is proposed at the corner of Jackson Street and Pearl
Avenue and will include a restaurant on the ground floor, two possible commercial tenant spaces, and
one accessible residential apartment on the south side of the building. The second story of the structure
will include seven residential apartments.
Item: CUP /PD Marion Road Redevelopment
Use
Pharmacy uses are permitted in the C -3 zoning district. The use will compliment the existing
residential and future commercial /retail tenants in the area and provide a service not immediately
available in the redevelopment district.
Mixed commercial residential structures are permitted in the C -3 zoning district by conditional use
permit and are confined to the upper floors. As there is a ground floor handicap accessible unit
proposed, a base standard modification is required. Staff does not have an issue with the mixed -
residential component and actually has promoted such uses in the redevelopment district. Presence of
the ground floor residential unit is a necessity of the building code due to the number of units being
created. Again, staff does not have an issue with the presence of the single ground floor unit. That
provision was put in place in the central commercial district to protect the traditional "main street" area
from conversion from retail storefronts to residential units.
Setbacks and Building Orientation
The pharmacy building is located on the site to provide parking availability on all sides of the building.
Discussions did occur with the developer about the potential of moving the building closer to the street
to create functional issues related to the nature of the proposed use. This includes a need to separate
the loading zone from customer parking (west elevation), as well as creating a more user friendly drive
thru area on one side of the building (in this case the south elevation). A condition is recommended
that will provide for an enhanced urban feel for the site through placement of landscape architectural
features adjacent to the front right -of -way. The features would include either a wrought iron fence with
brick columns or a landscape retaining wall. These types of measures have worked well in other
redevelopment projects in order to create an urban scale environment.
The mixed use building will be constructed near the right -of -way line to create the desired street wall
effect similar to the other new developments to the west down Pearl Avenue. This will place the
parking behind the building. This building does not include a drive thru and the primary access to the
building will be from the parking area behind.
Setbacks are not an issue for either structure relative to the Zoning Ordinance.
Parking and Access
Parking provided on the site exceeds code requirements as the only spaces required would be for the
residential units. There appears to be an ample amount of spaces provided for the proposed uses as
well as for the additional two developments that will occur in the future.
Access to the development site is provided via four driveway approaches with one to each street
frontage. The access control ordinance limits the amount of driveways on a site such as this to two
driveway openings. In reviewing the site plan, access seems reasonable given the large size of the site,
the number of uses and the number of street frontages. Essentially users can access /exit the site from
all adjacent streets. The only concern that staff has with the driveway situation is relative to the
Jackson Street opening. Jackson Street is a primary arterial and northbound traffic wishing to make a
left turn into the site may create some potential traffic conflicts given the number of driveway openings
in the area. A solution to this is to require the installation of medians within the driveway to prevent
left turn traffic into the site while at the same time allowing right in, right out circulation. This would
appear reasonable given the fact that northbound traffic could access the site via a left turn onto Marion
Item: CUP /PD Marion Road Redevelopment 5
Road or if missed then via Pearl Avenue.
The driveway to Pearl Avenue is located approximately 141 feet from the right -of -way line along
Jackson Street. The Access Control Ordinance requires a minimum of 175 feet from the corner and
thus a variance is required. It appears the developer has attempted to keep the driveway as far back as
possible without eliminating it totally or negatively impacting the future development site at the corner
of Pearl Avenue and Riverway Drive. Interdepartmental review did not raise any objections to
placement of this driveway at the proposed location.
Elevations and Building Materials
Pharmacy Building. The building will be clad in a combination of cut stone and brick with three out of
four elevations having significant amounts of fenestration. The primary entrance will be a two story
atrium style structure on the north elevation. The roof is pitched style and will have asphalt shingles.
Both the north and south elevation roof lines are broken with the drive -thm canopy on the south and
elevated windows on the north. The colors are earth tones.
Mixed Use Building. The mixed use building is a more modern urban style building with a flat roof
accented with roof line breaks, significant amounts of windows, first floor canopies, and living unit
balconies. The materials appear as first floor red brick and upper floor EFIS system with an alternating
red and tan/yellow color themes.
Landscaping, Signage, and Other Considerations
A landscape plan has not been submitted and will be required prior to permit issuance. As was
previously discussed, an enhanced level of landscaping and landscaping treatments are recommended
along the areas where parking abuts Jackson Street and Marion Road.
Signage details have not been submitted but the site plan does depict a ground sign for the pharmacy
development near Marion Road and Jackson Street. Staff recommends final approval by the
Department of Community Development prior to any permit issuance.
The site plan shows three trash enclosure areas to serve the developments. They have been placed to
not appear as prominent features in the overall development. A condition is recommended to require
that the enclosure materials be consistent with the principal developments on the site. Additionally, the
enclosure along Riverway Drive is located within the setback area (as this is an accessory structure)
and is required to be provided with a base standard modification to permit the location.
Recommendation
The Department of Community Development is recommending approval of the Planned Development
and Conditional Use Permit for the development of the 14,000 square foot pharmacy and mixed use
commercial residential structure with the following conditions:
1. Provide an enhanced level of landscaping and landscape architecture treatments for the parking
areas abutting Jackson Street and Marion Road.
2. Materials used for trash enclosures be consistent with the primary materials used in
construction of the principle structures on the site.
3. Final landscape plans to be approved by the Department of Community Development prior to
permit issuance.
Item: CUP /PD Marion Road Redevelopment 6
4. Final approval of all site signage to be approved by the Department of Community
Development prior to permit issuance.
5. Installation of medians in the Jackson Street driveway entrance to permit right in right out
traffic only.
Access Control Variance
The Department of Community Development is recommending approval of an access control variance
to permit four driveways with one driveway 140 feet from the Jackson Street right -of -way.
RECOMMENDATION
Rivers Apartment Planned Development Review
The Department of Community Development recommends approval with the following conditions:
1. Approval of landscape plan by the Department of Community Development.
2. Approval of proposed ground sign by the Department of Community Development.
3. Approval of final building elevations, materials, and colors by the Department of Community
Development.
Pharmacy and Mixed Use Development Planned Development Review
The Department of Community Development recommends approval with the following conditions:
1. Provide an enhanced level of landscaping and landscape architecture treatments for the parking
areas abutting Jackson Street and Marion Road.
2. Materials used for trash enclosures be consistent with the primary materials used in
construction of the principle structures on the site.
3. Final landscape plans to be approved by the Department of Community Development prior to
permit issuance.
4. Final approval of all site signage to be approved by the Department of Community
Development prior to permit issuance.
5. Installation of medians in the Jackson Street driveway entrance to permit right in right out
traffic only.
Access Control Variance
The Department of Community Development is recommending approval of an access control variance
to permit four driveways with one driveway 140 feet from the Jackson Street right -of -way.
The Plan Commission approved of the development plan, conditional use permit, and access control
variance with revised conditions. The following is the Plan Commission's discussion on this item.
Mr. Burich presented the item and stated that the development areas would be on the south and north
sides of Marion Road in development areas 3 and 4. He reviewed site plans for the proposed
apartments, as well as the pharmacy building and mixed use commercial /residential building. He also
reviewed elevations and proposed building materials for all the structures and the parking areas for
each development. He explained that the site where the pharmacy and mixed use structures were
located also required an access control variance to permit four driveways with one driveway 140 feet
Item. CUP /PD Marion Road Redevelopment 7
from the Jackson Street right -of -way. He also commented that there were a few sites left vacant in
Development Area 4 for future development and reviewed the conditions suggested by staff for this
request. Landscaping plans and signage have not yet been submitted but will require approval by the
Department of Community Development prior to permit issuance.
Mr. Nollenberger questioned if the sidewalk in front of the apartments would be for public use.
Mr. Burich responded that it was the designated area for the planned river walk.
Mr. Nollenberger also asked when the remaining portion of the river walk would be completed and at
who's expense.
Jackson Kinney, Director of Community Development, responded that the remaining portion from
Jackson Street to Marion Road would be completed in 2010 providing that the proposed residential
units are constructed and would be City funded through available TIF funds and possibly from grant
funding received through the stimulus program.
Mr. Nollenberger commented that he has seen other cities that were totally rejuvenated by the
completion of a river walk area.
Mr. Kinney commented that it would extend to Marion Road until such a time that something could be
worked out with Mercury Marine.
Mr. Borsuk questioned if a subsidized apartment project was appropriate for the river front area.
Mr. Kinney responded that there was ample room for a variety of uses on the river front and that the
proposed apartments were fixed income, not low income, housing and there would be a fair amount of
people who would qualify to occupy the project. He feels it is a positive and quality project for the site
and will involve seven million dollars to construct with the units being rent controlled for 15 years
only.
Mr. Fojtik inquired if stormwater runoff plans were submitted.
Mr. Burich replied that this would be handled by the Department of Public Works and will have to be
addressed prior to permit issuance.
Mr. Thorns asked if there were any issues relating to road or fire access.
Mr. Burich responded that there were some concerns raised regarding staff's recommendation that the
access off of Jackson Street to the pharmacy and mixed -use site have medians installed permitting right
in right out traffic only. There were no issues regarding fire access to the sites.
Mr. Thorns inquired about the two pads on the site plan labeled future development and questioned if
staff could foresee any other issues that may be created by furthering development on these remaining
sites.
Mr. Burich stated that these areas were not yet developed and would come back to the Plan
Commission at such a time when a development plan was prepared for review. He did not foresee any
other issues with the vacant areas remaining.
Item: CUP /PD Marion Road Redevelopment
Mr. Thorns also asked if the proposal meets the criteria for conditional use permit standards.
Mr. Burich responded affirmatively.
Mr. Borsuk commented that it may meet the standards for a conditional use permit, however, he
questions if it is in the spirit of what we wanted to develop in the river walk area.
Mr. Nollenberger inquired if there were plans for the industrial uses adjacent to this site.
Mr. Burich replied that the City would like to incorporate these areas into the long term development
plan for the future, but this area is not currently part of the TIF district created.
Mr. McHugh questioned if the public would be able to fish during the construction project.
Mr. Burich responded that the riverwalk would be a public way.
Ms. Mattox commended the developers for locating the parking area for the apartments underground as
it leaves more room for livable space. She also voiced her concern with the amount of accesses located
on the pharmacy site as this is a highly residential area and was wondering if the pedestrian aspect was
fully considered.
Mr. Burich stated that there were pedestrian access areas from the sidewalk and that the pharmacy
development would carry not only pharmaceutical products but also convenience store items as well.
Ms. Mattox also questioned if 80 parking spaces were necessary for the pharmacy use.
Mr. Burich replied that from a zoning aspect, they were not required to provide that number of spaces,
however the parking area serves both the pharmacy and mixed use structure and would still require a
review by the Department of Public Works for stormwater issues when permits are issued.
Ms. Mattox inquired if all the apartments would have balcony access and if the pharmacy would be
owned by the developer and leased to a tenant.
Andy Dumke, 2030 Menominee Drive, stated that Morton Pharmacy would be the tenant leasing the
pharmacy structure and that they did consider pedestrian access when developing plans for the site as
they would like to tie the University to the downtown area. The seniors residing at the apartment
complex could take advantage of some of the things that the University has to offer as well. He farther
commented that most of the apartments would have balcony access other than the units on the north
side of the development as they do not face the river. These units would have sunrooms instead.
Mr. Lowry questioned the income restrictions for 55 and older residents.
Mr. Dumke stated that the information was available online but he believed it was $32,000 for a single
person and $38,000 for a couple. These figures vary by year and residents could still qualify with a
large amount of assets as it considers income dollars only. He further stated that condominiums,
market rate apartments or student housing were all considered and they are still hoping to have all of
these eventually. The apartments were for active seniors similar to the apartment building on Hazel
Street which has been fully occupied since it opened. The site used for the apartment complex is only
1.8 acres and he felt it would enhance the river front development. The proposal today was just the
beginning of the project and they were still planning to have office buildings on Pearl Avenue and
Item: CUP /PD Marlon Road Redevelopment 9
Riverway Drive and are also planning to continue the retail use on Jackson Street when the economy
comes around including continuing the residential use on the second floor of the retail buildings.
Mr. Thorns inquired about the vacant area next to the pharmacy /retail site.
Mr. Dumke responded that this area was designated for future development, but they would probably
have to hold off on plans until the road was finished.
Mr. Borsuk asked if they had considered placing the apartment development on the vacant area across
the street.
Mr. Dumke replied that since the market is not solid in these economic times, to obtain the necessary
tax credits for the development, the apartments had to be located on the river as it would make them
more marketable.
Mr. Borsuk questioned how important the driveway access on Jackson Street was to the developer.
Art Dumke, 2020 Menominee Drive, stated that this was a challenging piece of property to develop and
it was difficult to secure tenants for the site with both blighted conditions and poor access. He
suggested allowing full access off Jackson Street to begin with and it could be removed at a later date if
it is determined that it is causing accidents or safety /traffic concerns. He further commented that with
industrial uses both to the north and west of the site, this development was a great buffer to whatever
other uses may come about in the future.
Mr. Thorns inquired why the access would not be adequate with the right in right out only as
recommended.
Art Dumke replied that these types of accesses are not acceptable to a lot of franchises.
Mr. Borsuk asked if the Glass Nickel restaurant would offer sit down dining and if a liquor license was
available for the development.
Art Dumke responded that the restaurant would have sit down dining and he thought a liquor license
would be available for the site, but it was not at this time. They are hoping to have an opportunity to
get one in the future.
Mr. McHugh inquired if an entity would be in the development that offered groceries.
Steve Morton, Morton Pharmacy, 200 City Center, stated that the pharmacy would offer convenience
store items such as frozen foods, canned goods, milk, etc. He further stated that the drive thru was a
requirement for this site to be able to compete with other pharmacies that offer that same service. He
will add a bike rack to the site to enhance pedestrian use; however he stated that the access issue was
critical and that the right in right out driveway was not acceptable as it was too confusing and
frustrating to customers. He also commented that other driveways on Jackson Street did not have that
restriction and felt that a full access entrance should be allowed until incidences occur that would
justify the restriction.
Mr. Borsuk questioned what the difference was between the apartments being proposed and market
rate units or condominiums.
Item: CUP /PD Marion Road Redevelopment 10
Art Dumke responded that market rate construction would actually cost less to construct, probably five
million dollars instead of seven, however rents would be $100 to $200 more.
Paul VanAuken, 1125 Merritt Avenue, commented about the pedestrian access across Jackson Street
from downtown as it is very wide and quite busy. He also questioned what was planned for the area
south of the pharmacy on the river.
Mr. Burich stated that the development area to the south of the pharmacy is a conceptual plan and is
still waiting for future development use.
Mr. VanAuken also commented about when walking along the river front, pedestrians are facing a lot
of concrete along the apartment building area and questioned if the structure could be set back further
from the river. He also stated that he would like to see some park area on the site.
Andy Dumke stated that the retaining wall in front of the apartments is for the underground parking
and that there was not enough depth to back up the structure from its current location.
Mr. Thoms inquired if some greenspace could be placed in front of the buildings to soften the look
somewhat and also asked about the boat slips shown on the site plans.
Andy Dumke replied that they would try to include some landscape features in that area and that the
boat slips were a feature they would like to add in the future. They are currently working on the
necessary permits to make that possible.
Mr. Lowry questioned what the distance was from the river walk to the retaining wall.
Mr. Kinney stated that the there was a 30 foot outlot for the riverwalk as well as a 12 foot curb with a
landscaping area within the riverwalk. There is also additional setback in the walkway. He further
stated that in riverwalk environments it is customary to have buildings very close to the walkway with
some uses closer than others as the uses along the riverwalk all connect to it.
Art Dumke stated that he was still concerned with the access off Jackson Street being restricted to right
in right out. He further stated that fast food chains will verify that they lose approximately 17% of
their business if ingress to their site is lost.
Ms. Mattox suggested that full access could be granted for the driveway with placement of a three -year
window for review on the issue.
Mr. Burich commented that the right in right out condition in the staff report could be amended if the
commissioners desired. He did state that if granted though and rescinded at a later date, the City
Attorney cautioned that there may compensatory issues which would need to be researched prior to
next week's Council meeting.
Mr. Borsuk commented that the apartment complex was not really the vision for the river front
development and the pharmacy /convenience store was not that desirable either. He further commented
that a left turn into the site was not advisable or even an access onto Jackson Street at all. He
compared it to the left turn necessary to get to Fratello's off of Oshkosh Avenue which is a very
difficult maneuver.
Mr. Nollenberger suggested the developments be separated when voting on the request and questioned
Item: CUP /PD Marion Road Redevelopment 11
if the commission should be taking into consideration the type of housing being proposed.
Mr. Burich responded that the appropriateness of the use was the issue to be considered and reviewed
the aspects of a planned development or conditional use permit regarding suitability, compatibility, etc.
As far as the income restrictions on the apartments, that is an issue that should not be considered when
debating approval.
Lynn Lorenson, City Attorney, added that the residential use was the issue to be considered and taking
into account the type of housing proposed was going beyond what the ordinance mandates in her
opinion.
Motion by Nollenberger to approve the conditional use permit /development plan for The Rivers
apartment complex in the Marion Road Redevelopment area as requested with the following
conditions:
Rivers Apartment Planned Development Review
1. Approval of landscape plan by the Department of Community Development.
2. Approval of proposed ground sign by the Department of Community Development.
3. Approval of final building elevations, materials, and colors by the Department of Community
Development.
Seconded by Lowry.
Mr. Thoms commented that the development appears to meet the conditional use permit standards. He
further commented that the grocery store needs are not really met and the left turn into the development
being debated was not as great an issue as the pedestrian crossing of Jackson Street. Marion Road also
connects to Jackson Street and it is not restricted to right in right out only. As far as the apartments, he
felt that the market would dictate what happens with them in future years.
Mr. McHugh commented that he felt what should be considered is if this was the best use of the
property and he did not feel it was the best use of this site. Previous plans were much grander for this
location and he felt that we should wait until a plan comes forward that is more what we wanted for the
river front area. This plan will not bring people to Oshkosh as a destination. Green Bay is revitalizing
their downtown by getting rid of rental properties and changing to owner occupied sites.
Mr. Borsuk stated that he felt that when reviewing a CUP /PD, it was the responsibility of the Plan
Commission to consider if a development is right for the community not just if it meets the standards
of a CUP/PD. We should not settle for less than what we wanted to see on this site.
Mr. Thoms stated that he felt that responsibility was in the hands of the Common Council or the
Redevelopment Authority.
Mr. Kinney stated that approving this request would allow the development to move forward with their
land use plan and from the Redevelopment Authority's standpoint; they are very excited about this
proposal. We are still looking for a hotel and office buildings on the site, but the quality of the project
needs to be considered. This development fits nicely on the river front and condominiums and other
units are still being pursued. This proposal covers a very small area on the entire site and the item
should be considered from a zoning review and site plan standpoint. Other lots are available for future
development.
Item: CUP /PD Marion Road Redevelopment 12
Ms. Mattox commented that everyone has ideas of what we would like to see in this area, but she felt
that this project could be a connector between the University and senior citizens in the community.
Residents could take part in both University activities and the downtown area and she thought the
pharmacy and Glass Nickel restaurant were a nice addition.
Mr. Lowry agreed with Ms. Mattox and commented that the industrial use around the site limits the use
of the area along the river and the site has been out for proposals for some time now without success.
Motion carried 5-2. Ayes- Fojtik/ Lowry /Mattox/Thoms/Nollenberger. Nays- Borsuk/McHugh.
Motion by Ms. Mattox to amend condition 45 on the pharmacy /mixed use development to make
it a full access driveway entrance with review in three years.
Seconded by Lowry. Motion carried 6 -1. Ayes - Fojtik /Lowry /McHugh/Mattox/Thoms/
Nollenberger. Nays - Borsuk.
Mr. Borsuk commented that a traffic analysis should be completed in this area.
Mr. Burich stated that the Transit Department had already advised the use of the right in right out
entrance.
Motion by Borsuk to approve the conditional use permit /development plan for a pharmacy and
mixed use commercial residential structure in the Marion Road Redevelopment area as
requested with the following conditions:
Pharmacy and Mixed Use Development Planned Development Review
1. Provide an enhanced level of landscaping and landscape architecture treatments for the
parking areas abutting Jackson Street and Marion Road.
2. Materials used for trash enclosures be consistent with the primary materials used in
construction of the principle structures on the site.
3. Final landscape plans to be approved by the Department of Community Development prior to
permit issuance.
4. Final approval of all site signage to be approved by the Department of Community
Development prior to permit issuance..
5. Permit driveway access from Jackson Street for a period of three years after which the
driveway will be reviewed to determine if any modifications are needed to alleviate traffic
safety issues.
Seconded by McHugh. Motion carried 6 -1. Ayes- BorsukIFojtik/Lowry /Mattox /Thoms/
Nollenberger. Nays- McHugh.
Motion by Lowry to approve an access control variance to permit four driveways with one
driveway 140 feet from the Jackson Street right -of -way.
Seconded by Mattox. Motion carried 7 -0.
Item: CUP /PD Marion Road Redevelopment 13
Cis
ce.
CD
M 4
E
10
g a,
A ml
A p,
-- wa,
416
401,
IMI
14
y u R IVIV
x�
. c........... r 3
e
1 "t
r;
f
MON 1
f
MON 1
'�rwr *�' •rot'.
C
.2
16 -
ps)
>Z
17
K
O
LL
CO
K
O
LL
O
19
> >
19
G
20
co
G
20
NI5N0�51M HGO>IH60
E
ou ano,o imim!vuv i1LT[ 1N3Wd0f3��1N0�4G iA' I'2! 3H1 - NgN.40 - 72 3O 3IDNIVII Pd M3N IV
133aL �?
yt '
.....aa... 5 -v,1 .S... Lam._} s,• „.
21
rr ti ,
rt
i
�". •2
Fi c
r�
^+' s3.
I5
U
k sib M
�I5��. 5Y
f ^
h
zr
fit r ;e
fi 3 j 1.
} x
NEI
A u +
9
r s
is
z m
�� y: a r3
z
ON EMU
f ?".
--�3. r l F
MR
ri. t
1
MY
t N' ?`'�
MA
gzq
T. r
24
25
NISNO'J61M HSO>IH6O
sFS 2JLlLi�p' J dW�4b Hd NOIZIOW d'
•m1 dnwo
SOU S s'T�Od NOIl'd7O"I 1N3WdO�3/�3Q 1NOT1dT�3N21 d g e Q
a 3 F
c
O
'+l
N
W
s� L
X
c
O
d
W
O
N
T
c
O
i+
to
W
U.1 ..
c
O
y
N
N
Wy
+� 3
lt� �
m�
26
N+'LLG90 �e�+Wd��� lakt14 -4s -4H aZI W :D Ad tVCI :CB IU
N
MIXED USE SEGONl7 FLOOR 5GHEMATIG LAYOUT
N
28
N
Occul
BE
CLI
FU
LO
+ MIXED U5E LOFT LEVEL 5r-,HEMATIC LAYOUT
29
e ------------- N e
NIGNO':)GIM 'HGONHGO
T7
rout dn iN2K:40 iNO'aU 2Hi
OJO lumpx�qzjv
1N2pqc4c7=LA2n 2ONVMIV M2NV
V ------------- --
EL
A
4
ry
30
ry
LU
NNNY
. . . I ......
q
30
E
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
REDEVELOPMENT PROJECT
MARION ROAD
Scale: 1" = 300'
N OfHKOlH
ON""w"'
City of Oshkosh
Department of
Community Development
05/21/091
_�!
i
9
a
lr
IUNNIZIS
r� al l
:j;
aw
Sit :.- M
p! AAA
SIN
_
ui 5555..
all
Iggs F,
fa r
11 , \urNl
r
t.
lull Vj � Is 7
51111 If
a 7 m
M111! 111151.
it lllt — . illlllll.
U!
!11I IIIIIII_
u. l.wr ■ mono. i.
1 � M
r•'r
f i
062
rd
�M �_ l LGfI u� ►1/17 _
�
ii M94 OT • �' '', i °t�1 ������ 11t1�
DISCLAIMER
This map Is neither a legally recorded map nor REDEVELOPMENT PROJECT
a survey and It is not Intended to be used as one.
This drawing is a compilation of records, data
and Information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
Scale: 1" = 300'
N QfHKOlH
ON THE WATER
City of Oshkosh
Department of
Community Development
06/21/09
�D