HomeMy WebLinkAbout10-362NOVEMBER 23, 2010 10 -362 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT TO PREVIOUSLY APPROVED
PLANNED DEVELOPMENT IN THE MARION ROAD /PEARL
AVENUE REDEVELOMENT AREA TO ALLOW DIVISION OF A
SINGLE REDEVELOPMENT PARCEL INTO MULTIPLE PARCELS
INITIATED BY: REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved with condition
WHEREAS, the Common Council previously approved a planned commercial
development, as amended, on the north side of Marion Road as a single redevelopment
site; and
WHEREAS, in working with the Wisconsin Department of Natural Resources
(DNR) on a certificate of completion for environmental remediation of the site, the DNR
has requested that the Redevelopment Authority subdivide the site into four separate
parcels for ease of parcel identification.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the planned commercial development site on the north side of Marion
Road at the Marion Road /Jackson Street intersection, is hereby amended to allow
division of the single redevelopment parcel into multiple parcels with the following
conditions:
1) Base standard modification for 0 foot side yard setbacks between the parking
facilities of Lot 1 and Lot 2 and between Lot 2 and Lot 3 from the required 5 foot
(each side).
2) Base standard modification for 3 foot side yard setback between Lots 2 and 3
traffic circle's western edge and Lot 4 from the required 5 foot.
3) Access restriction is placed on Pearl Avenue, Jackson Street and Marion Road
street frontages except where existing driveways are in place and on proposed
Lot 4.
4) Cross access and parking easements /agreements be provided with approval of
the City of Oshkosh Community Development Department.
5) Drainage, stormwater and stormwater facility maintenance easement/
agreements be provided with approval of the Department of Public Works.
At
OfHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burichy�
Director of Plan mg Services
DATE: November 18, 2010
RE: Approve Amendment to Previously Approved Planned Development in the Marion Road /Pearl
Avenue Redevelopment Area to Allow Division of a Single Redevelopment Parcel into
Multiple Parcels (Plan Commission Recommends Approval)
BACKGROUND
The subject property is located in the Phase II Marion Road Redevelopment Area. This portion of the Phase II
area is comprised of approximately 6.4 acres of land located between Pearl Avenue on the north, Jackson Street
on the east, Marion Road on the south and Riverway Drive on the west. Conditional Use Permit /Planned
Developments were previously approved (Attached Resolutions # 09 -202 & 09 -298) for construction of an
office building, mixed commercial /residential structure and a pharmacy. To date, the office building, pharmacy
and parking lot have been constructed.
ANALYSIS
Oshkosh River Development applied for and received multiple planned development approvals and an access
control variance for the development of a pharmacy building, an office building, and a mixed commercial -
residential building on the site with the remaining portion of the area reserved for future development. The
office and pharmacy buildings have been constructed but due to economic conditions, the mixed -use structure
has yet to be constructed. A land division is requested by the Wisconsin Department of Natural Resources prior
to the transfer of the property from the Redevelopment Authority (RDA) to the developers for tracking purposes
in relation to a Certificate of Completion for environmental cleanup of the site requested by the RDA. The
developer intends to sell the individual parcels to the respective businesses creating four separate lots which is a
modification from the original approval which retained the project area as one large lot. The division of the
single parcel into four distinct lots does not diminish the campus style integrity of the site and access restrictions
would be included on all street frontages except where existing driveways are in place. Cross access easements
and cross parking agreements will need to be provided between the lots as well as the establishment of drainage,
stormwater and stormwater facility maintenance agreements /easements.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its November 16, 2010 meeting.
Approved,
City Manager
ITEM: DEVELOPMENT PLAN AMENDMENT AND LAND DIVISION APPROVAL
FOR PROPERTY IN THE MARION ROAD /JACKSON STREET/PEARL
AVENUE REDEVELOPMENT AREA
Plan Commission meeting of November 16, 2010
GENERAL INFORMATION
Petitioner /Owner: City of Oshkosh Redevelopment Authority
Action(s) Requested
A modification from the original Planned Developments and approval of a land division to divide the
subject area into separate and distinct parcels of land with shared parking and stormwater facilities.
Applicable Ordinance Provisions
Criteria for Planned Development Overlay Districts are located in Section 30- 33(E)(3) of the Zoning
Ordinance. Subdivision Regulations: Section 30 -69 through 30 -75. Section 30 -71 (M)(5)(a) and (b)
establishes criteria for land divisions.
Property Location and Type
The subject property is located in the Phase II Marion Road Redevelopment Area. This portion of the
Phase II area is comprised of approximately 6.4 acres of land located between Pearl Avenue on the
north, Jackson Street on the east, Marion Road on the south and Riverway Drive on the west. A
Conditional Use Permit/Planned Developments were previously approved (Attached Resolutions # 09-
202 & 09 -298) for construction of an office building, mixed commercial /residential structure and a
pharmacy. To date, the office building, pharmacy and parking lot have been constructed.
S ubject Site
Existing Land Use
U ndev e loped Land
Adineent T,nnd U se and Zoning
Zon
Existing Uses
Zoning
North
Institutional across Pearl Avenue
C -3PD
South
Property abuts along river, other side are industrial lands
M -2
East
Commercial /City Center property across Jackson Street
C -3
West
Industrial
M-2
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommen
Mixed Downtown
20 Year Land Use Recommendation
Mixed Downtown
ANALYSIS
In the summer of 2009, Oshkosh River Development applied for and received multiple Planned
Development approvals and an access control variance (for number of drives) for the development of a
pharmacy building on the northwest corner of Jackson Street and Marion Road, an office building on
the southeast corner of Pearl Avenue and Riverway Drive, and a mixed commercial - residential
building on the southwest corner of Jackson Street and Pearl Avenue. The remaining portion of the
area on Marion Road nearest Riverway Drive was reserved for future development. The office
building and pharmacy have been constructed but, due to economic conditions, the mixed -use structure
has yet to be constructed.
A land division is requested by the Wisconsin Department of Natural Resources prior to the transfer of
the property from the Redevelopment Authority (RDA) to the developers, Oshkosh River
Development, for tracking purposes in relation to a Certificate of Completion for environmental clean-
up of the site that is being requested by the RDA. Oshkosh River Development, upon the land transfer,
intends to sell the individual parcels to the respective businesses. This Planned Development
amendment request involves a slight modification from the original approval in that the original
approval retained the project area as one large lot while the proposed amendment is to divide the
subject area into four separate and distinct parcels of land but remain a campus style development with
shared driveways and access aisles. The proposed lots are as follows:
Lot 1: 0.64 acres — Office building site
Lot 2: 1.87 acres — Location of parking designated for future uses
Lot 3: 1.98 acres — Pharmacy building site
Lot 4: 1.91 acres — Vacant
Staff believes that the division of the single parcel into the proposed four lots does not diminish the
campus style feel or integrity, especially as the sites design is governed by the Planned Development.
With this in mind, it was felt that the Certified Survey Map include access restriction on Pearl Avenue,
Jackson Street and Marion Road street frontages except where existing driveways are in place and on
proposed Lot 4. Additionally, cross access easements will need to be provided between lots to facilitate
the use of the shared drives and cross parking agreements will need to be provided between lots for
shared use of the parking stalls. Drainage, stormwater and stormwater facility maintenance
agreements /easements will also need to be established and base standard modifications are necessary
for the physical improvements of the shared parking facilities within the new lots side yard setbacks.
RECOMMENDATION
Staff recommends approval of the Planned Development amendment and land division as proposed
with the following conditions:
1. Base standard modification for 0 foot side yard setbacks between the parking facilities of Lot 1
& Lot 2 and between Lot 2 & Lot 3 from the required 5 foot setback (each side).
2. Base standard modification for 3 foot side yard setback between Lots 2 & 3 traffic circle's
western edge and Lot 4 from the required 5 foot.
3. Access restriction is placed on Pearl Avenue, Jackson Street and Marion Road street frontages
except where existing driveways are in place and on proposed Lot 4.
4. Cross access and parking easements /agreements are provided with approval of the City of
Oshkosh Department of Community Development.
5. Drainage, stormwater and stormwater facility maintenance easement /agreements are provided
Item: Marion Pearl Jackson PD Amend & Land Div
with approval of the City of Oshkosh Department of Public Works.
The Plan Commission approved of the planned development amendment and land division as
requested with conditions noted. The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and reviewed the site and surrounding area, the current land uses, zoning
classifications, and the history of previous approvals for conditional use permit /planned developments.
He also reviewed the site plan and stated that the pharmacy and office structures had been built and that
the mixed -use development has yet to be constructed due to economic conditions. The Wisconsin
Department of Natural Resources is requesting the land division for tracking purposes relating to the
environmental cleanup of the site and Mr. Buck reviewed the proposed lot locations and sizes and
explained the various cross access easements, cross parking agreements, and stormwater facility
maintenance agreements /easements that would need to be established to facilitate this land division.
He also reviewed the conditions recommended for this request.
Mr. Borsuk commented that he thought the development of stormwater detention ponds had been
revised to require that they are not constructed with rocks and that he did not see where any natural
vegetation was on this site in detention areas.
Mr. Buck responded that he did not see that requirement as specific conditions in the previously
approved conditional use permit /planned development resolutions.
Allen Davis, Director of Community Development, stated that he was present if there were any
questions on the proposed development plan amendment.
Motion by Thoms to approve a development plan amendment and land division approval for
property in the Marion RoadVackson Street /Pearl Avenue redevelopment area as requested
with the following conditions:
1. Base standard modification for 0 foot side yard setbacks between the parking facilities of Lot 1
& Lot 2 and between Lot 2 & Lot 3 from the required S foot setback (each side).
2. Base standard modification for 3 foot side yard setback between Lots 2 & 3 traffic circle's
western edge and Lot 4 from the required 5 foot.
3. Access restriction is placed on Pearl Avenue, Jackson Street and Marion Road street frontages
except where existing driveways are in place and on proposed Lot 4.
4. Cross access and parking easements /agreements are provided with approval of the City of
Oshkosh Department of Community Development.
5. Drainage, stormwater and stormwater facility maintenance easement /agreements are provided
with approval of the City of Oshkosh Department of Public Works.
Seconded by Vajgrt. Motion carried 7 -0.
Item: Marion PD .Amend & Land Div
MAY 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.
3A
JULY 28, 2009 09 -298 RESOLUTION
CARRIED 5 -2 LOST LAID OVER WITHDRAWN
AS AMENDED
PURPOSE: APPROVE DEVELOPMENT PLAN FOR CONSTRUCTION OF
OFFICE BUILDING AT SOUTHEAST CORNER PEARL AVENUE
AND RIVERWAY DRIVE; APPROVE REVISED DEVELOPMENT
PLAN AND CONDITIONAL USE PERMIT FOR EXPANSION OF
PREVIOUSLY APPROVED MIXED COMMERCIAURESIDENTIAL
STRUCTURE AT SOUTHWEST CORNER PEARL AVENUE AND
JACKSON STREET
INITIATED BY: OSHKOSH RIVER DEVELOMPENT, PETITIONER
REDEVELOPMENT AUTHORITY ACTION: Approved
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
planned development for construction of an office building at the southeast corner of
Pearl Avenue and Riverway Drive, per the attached, and the revised development plan
and conditional use permit for expansion of a previously approved mixed
commercial /residential -structure at the southwest comer of Pearl Avenue and Jackson
Street, per the attached, all within the Marion Road /Pearl Avenue Redevelopment
Project Area, are hereby approved with the following conditions:
1) Final landscape plans including bike rack placement to be approved by the
Department of Community Development prior to permit issuance
2) Final approval of all site signage to be approved by the Department of
Community Development prior to permit issuance.
3) Approval of final building elevations, materials and colors by the Department of
Community Development.
4
0 )-2�
O..IHKQf H
ON THE WATER
City of Oshkosh Application
Planned Development Review
Conditional Use Permit Review
* *PLEASE TYPE OR PRINT USING BLACK INK **
SUBMIT TO:
Dept. of Community Developmer
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
APPLICANT � T INFORMATION
r
Petitioner: t �� b� S k� Date:
Petitioner's Address: 02) � t t.rcC , ,,A) _City: C�5G1 �uSrl State: Zip C — ?
Telephone #: ( ) SOS — S Fax: (
Status of Petitioner (Please Check): Yowner ❑
Petitioner's Signature (required):
OWNER INFORMATION
Date:
Owner(s): °L Date:
Owner(s) Address:
Telephone #: (
Fax: (
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation
State: Zip:
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Serv' a Di 'sion fo complete submissions or other administrative reasons.
Property Owner's Signature: / Date:
SITE INFORMATION cLrcf?�s tA f X , r' 0 � r �c,F��lo� rem
Address/Location of Proposed Project: `6tI' 1� I aCS 0YX S+ I`� Parcel No.
Proposed Project Type: 1'v6 )(fA (ow,Ww -e4"GCOA I f zf s AP, a - `
Current Use of Property: k)CLca --1A rv` E.rekGa.l Zoning:
Land Uses Surrounding Site: North: VaCa�
South: V OLCI.t —*
East: 8� 0!f 5
West:
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
Application fees are due at time of submittal. Make check payable to City of Oshkosh.
Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
Other Contact # or Email:
❑ Tenant ❑ Prospective Buyer
City:
For more information please the City's website at www.ci. oshkosh. wi. us / Community _Development /Planning.htm I `
Staff Date Rec
5
NARRATIVER FOR
MARION ROAD /PEARL AVENUE PROPERTY LAND DIVISION AND
PLANNED DEVELOPMENT AMENDMENT
A Conditional Use Permit/Planned Development was previously approved (Attached
Resolution 4 09 -202) for construction of an office building, mixed commercial /residential
structure and a pharmacy on what is referred to as Parcel H within the Marion/Pearl
Redevelopment Area. To date, the office building and pharmacy have been constructed.
Due to economic conditions, the mixed -use structure is not proceeding at this time.
In order to proceed with transferring title of the parcels from the Oshkosh Redevelopment
Authority to the approved developer, Oshkosh River Development, a Certified Survey
Map needs to be approved which will reflect the as -built condition of the parcel. This
Planned Development amendment request involves a slight modification from the
original approval in that the original approval retained the project area as one large lot
while the proposed amendment is to divide subject area into four separate and distinct
parcels of land but remaining a campus style development with shared driveways and
access aisles. The proposed four lots are as follows:
Lot 1: 0.64 acres — Office building site
Lot 2: 1.87 acres — Location of parking designated for future uses
Lot 3: 1.98 acres — Pharmacy building site
Lot 4: 1.91 acres — Vacant
The land division of the existing lot along with the desirability to have a campus setting
dictates the request for two base standard modifications to the regulations of the zoning
code, as follows:
1. 0 foot side yard setback between the parking facilities of Lot 1 & Lot 2 and
between Lot 2 and Lot 3 from the required 5 foot (each side).
2. 3 foot side yard setback between Lots 2 & 3 traffic circle's western edge and Lot
4 from the required 5 foot.
Cross access easements will be provided between lots to facilitate the use of the shared
drives and cross parking agreements will be provided between lots for shared use of the
parking stalls. Drainage, stormwater and stormwater facility maintenance
agreements /easements will also be established.
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DISCLAIMER PLANNED DEV AMDMT
This map is neither a recorded map nor LAND DIVISION N
a survey and it is not Intended to be used as one. O H f H
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This drawing is a compilation of records, data ✓ f-71�
and information located in various city county
/PEARL R E D EV SITE ON THE WRTEA
and state offices and other sources affecting MARION City of Oshkosh
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re- Department Of
sponsible for any inaccuracies herein contained.
Community Development
If disc repencies are found, please contact the
City of Oshkosh.
Scale: 1" = 150' 11109/10
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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 discrepencies are found, please contact the
City of Oshkosh.
C by - dff
PLANNED DEV AMDMT
LAND DIVISION
MARION /PEARL REDEV SITE
Scale: 1" = 150'
U
N 07HKOfH
ON THE WATER
City of Oshkosh
Department of
Community Development
11/09/101
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