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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES May 19, 2009 PRESENT: David Borsuk, Thomas Fojtik, Paul Lowry, Dennis McHugh, Shirley Mattox, Jeffrey Thoms, Karl Nollenberger EXCUSED: Ed Bowen, Kathleen Propp STAFF: Darryn Burich, Director of Planning Services; Jeff Nau, Associate Planner; Jackson Kinney, Director of Community Development; Lynn Lorenson, City Attorney; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of May 5, 2009 were approved as presented. (Nollenberger/Thoms) L DEVELOPMENT PLAN REVIEW APPROVAL FOR MULTIPLE PROPERTIES IN THE MARION ROAD REDEVELOPMENT AREA INCLUDING A CONDITIONAL USE PERMIT FOR A MIXED USE COMMERCIAL RESIDENTIAL STRUCTURE AND ACCESS CONTROL VARIANCE FOR NUMBER OF DRIVEWAYS AND SPACING 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 commerciaUresidential structure on the southwest corner of Pearl Avenue and Jackson Street. 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 commerciaUresidential 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 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. Plan Commission Minutes May 19, 2009 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. Thoms 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. Thoms 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. Mr. Thoms 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. Plan Commission Minutes May 19, 2009 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 further 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 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. Thoms 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. Plan Commission Minutes May 19, 2009 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. Thoms 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. 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. Plan Commission Minutes May 19, 2009 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 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. Plan Commission Minutes May 19, 2009 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. 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 S-2. Ayes-Fojtik/Lowry/Mattox/Thoms/Nollenberger. Nays-Borsuk/McHugh. Plan Commission Minutes May 19, 2009 Motion by Ms. Mattox to amend condition #S 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/Thorns/ 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 Ilse 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. S. 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-Borsuk/Fojtik/Lowry/Mattox/Thorns/ 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. IL PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENT DISTRICT #23 SOUTHWEST INDUSTRIAL PARK EXPANSION: DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN Prior to taking action on Tax Increment District (TID) #23 and the designation of boundaries for said Tax Increment District, the Plan Commission is to hold a public hearing and take comments concerning the proposed creation of the TID. This public hearing is required as part of the formal process the City must follow in the creation of a TID. TID #23 is being proposed to facilitate expansion of the Southwest Industrial Park. The Project Plan includes a statement listing the kind, number, and location of proposed improvements. It contains an economic feasibility study, a detailed list of estimated project costs and timing of those costs as well as a method of financing. The Project Plan, which is estimated to cost approximately $8.45 million, includes projects and costs for construction of streets, sanitary sewer, water utilities, storm sewer and storm water management, railroad and organizational/administrative/technical service. Plan Commission Minutes May 19, 2009 Mr. Burich presented the item and reviewed the area covered by the TID and the proposed layout of said area. He commented that the southwest industrial park is the most successful TID to date. Mr. Borsuk questioned if the TIF district would preclude developers from utilizing the pay go mechanism for financing a project. Mr. Burich stated that this type of financing is usually utilized with private development sites not in an industrial park; however it can still be used as a component for development in a TIF district if the project plan allowed it. Mr. Nollenberger commented that this would depend on the amount of TIF district public improvement costs and the amount of funding coming back from the TIF district. Mr. Kinney stated that the City has never utilized development grants for industrial use; however an amendment can be added to the TID district to include a provision for a development grant if necessary. He further explained how TIF projects usually work and how they are financed. Mr. Thoms questioned how many years the TID district would be in place. Mr. Burich responded 20 years. Mr. Thoms commented that the City has budget problems now and questioned where we would be getting the funding to finance the $8.45 million dollars needed for this project. Mr. Kinney explained that the City would not be expending the entire amount at one time and that the funding is spent over a number of years to finance the improvements and is offset by land purchases in the park. As the park already exists and the area is being expanded, it is less costly to the City. He further explained that this model has worked very successfully in Oshkosh for many years and it is a wise investment for the community. He gave additional explanation of the financing of an industrial TIF district. Mr. Borsuk stated that he supports the TID district as it is crucial for industrial development to have the lands ready and available for occupancy and the ability to ship from the area by rail is a big bonus. Mr. Nollenberger questioned if the Plan Commission is approving the project plan and boundaries or if they would also be approving the financing plan as well. Mr. Burich responded that approval is sought for the project plan and boundaries only and is just the first step in the process. The financing expenditures are only estimated expenses at this time. Ms. Mattox inquired if the layout of the site made the best use of the railroad access. Mr. Burich replied that a consultant studies the area and draws up the plans taking these issues into consideration. It is also consistent with the Comprehensive Plan. Ms. Mattox also inquired if Chamco still markets the property for the City. Mr. Burich responded affirmatively. Plan Commission Minutes May 19, 2009 Mr. Fojtik opened the public hearing for comment. There was no one present to speak, so the public hearing was closed. Motion by Lowry to approve the creation of Tax Increment District #23 Southwest Industrial Park Expansion, designation of boundaries and approval of project plan as requested. Seconded by Mattox. Motion carried 7-0. Mr. Fojtik extended a public "thank you" to Shirley Mattox for her many years of service to the community and that her time and effort was greatly appreciated. There being no further business, the meeting adjourned at approximately 5:59 pm. (McHugh/ Nollenberger) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes May 19, 2009