HomeMy WebLinkAbout14. 15-43
JANUARY 27, 2015 15-43 RESOLUTION
(CARRIED___6-1P____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE PLANNED DEVELOPMENT FOR BANK
DEVELOPMENT; SOUTHWEST CORNER OF PEARL AVENUE
AND JACKSON STREET
INITIATED BY: HOFFMAN PLANNING, DESIGN AND CONSTRUCTION
PLAN COMMISSION RECOMMENDATION: Approved with conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a planned
development for construction of a bank development with drive-through, per the
attached, is hereby approved with the following conditions:
1) Base standard modification to allow 0 side yard setbacks at the south and west
lot lines;
2) Final sign package be brought back to the Plan Commission for final approval
prior to issuance of a building permit.
3) Final building elevations be brought back to the Plan Commission for design
review and final approval prior to issuance of a building permit.
4) On site lighting to be pedestrian scale and approved by the Department of
Community Development.
5) Final approval of dumpster enclosure be consistent with the principal building
and approved by the Department of Community Development prior to permit
issuance.
6) Cross access easements/agreements between the multiple properties within the
redevelopment area are established;
7) Base standard modification to allow nine feet of lateral clearance from the
Jackson Street Property line to the drive-through lane exit;
8) Walkways are delineated with pavement markings or alternate paving material
where they cross vehicular drive aisles;
9) Proposed ground identity sign be monument style consistent with other signs in
the redevelopment area and receive final approval by the Department of
Community Development;
10) Low level pedestrian lighting be included at the Pearl Avenue patio/sitting area;
11) Landscaping be positioned in the setback area along Jackson Street in front of
the drive-through with the intent to soften and buffer the pavement area and the
headlights associated with drive-through traffic from Jackson Street;
12) Materials used for the refuse enclosure match or compliment the main building’s
materials, as approved by the Department of Community Development.
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: January 22, 2015
RE: Approve Planned Development for Bank with Drive-Thru at the Southwest
corner of Pearl Avenue and Jackson Street (Plan Commission recommends
approval of the amended planned development)
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. The Phase II area is generally abutted on the west by Lamico (a
vacant industrial use) and by the Morgan Crossing apartment project; on the east by Jackson
Street, on the north by vacant commercial land and a church use and to the south (across
Marion Road) with the Rivers Phase II and Anthem apartment buildings. Conditional Use
Permits and Planned Developments were previously approved for construction of an office
building, mixed commercial/residential structure, and pharmacy (attached Resolution Packets
09-202 and 09-298) on the subject site. To date, the office building (Accu-Com), pharmacy
(former Morton's) and parking lot (developed to serve the potential mixed
commercial/residential structure) have been constructed.
The subject planned development of the bank amends the previously approved CUP/PD by
substituting the mixed use (commercial/residential) development for that of a bank with drive-
thru.
Bank First National has entered into an Option to Purchase the 1.78 acre property (on July
18, 2014) with the Oshkosh Redevelopment Authority, which provides a $1 purchase price �
and TIF agreement that the development will be improved to a value of no less than $2
million.
Development in the subject area is evaluated in context of the Comprehensive Plan, TIF and
Redevelopment Plans, zoning consistency, and that of the Marion Road/Pearl Avenue
Redevelopment Area Phase II Development Guidelines.
ANALYSIS
The proposed development includes construction of a one-story 8,000 square foot bank
structure with a three lane drive-up canopy on its south side and will employ 12-18
employees. The development also includes parking facilities on the north side of the building
fronting Pearl Avenue and Jackson Street and on the interior of the lot on the building's west
side. The building is proposed to be placed on the site with an east-west orientation with two
customer entrances off Jackson Street and the internal parking lot. Vehicular access is
proposed from both Pearl Avenue and Jackson Street in the form of stiared driveways that
service other development sites within the Phase II Marion Road Redevelopment Area with a
third access from a shared driveway on Marion Road. An identification sign is depicted on
the site plan north of the building at the corner of Pearl Avenue and Jackson Street however
sign design has not been included and will require final approval prior to the issuance of
building permits. Landscape plans exceed code requirements with plantings situated at the
lot's perimeter, parking lot landscape islands, around the building's foundation, and along
both sides of a stone pier and wrought iron fence along the majority of the Pearl Avenue and
Jackson Street frontages. Lighting plans have not been submitted but are proposed to match
the adjacent development in style and will be required to be approved at the time of building
permit issuance. Elevations have not been included with the submittal but multiple
renderings included depict wall plane differentiation and a large percentage of walls with flat
aluminum canopied/sun shaded windows. Final building elevations will require design review
prior to permit issuance and the refuse enclosure will be required to match or compliment the
main building's materials.
The Marion Road/Pearl Avenue (MRPA) Redevelopment Guidelines were prepared in 2003
to establish additional guidelines for development occurring in the MRPA. The guidelines
were intended to supplement existing zoning and comprehensive plan recommendations by
providing direction and guidance over how a development looks and acts. These guidelines
provide recommendations in relation to land uses, residential densities, architectural
character, site design and layout, and character objectives.
Consistency with the guidelines is a starting point for any development proposed in the
district. However, as the MRPA Guidelines were never actually adopted by the Plan
Commission or Gommon Council in resolution or ordinance form, they are not required to be
strictly enforced, which allows for greater flexibility in site and building design. The Plan
Commission, and/or Council can take the guidelines into consideration under the context of a
planned development or conditional use permit review and recommend or require various
changes or conditions. Alternatively, the guidelines may be disregarded, whole or in part, for
other reasons such as site limitations, existing development patterns, or other considerations.
In this case, the Plan Commission found that the proposed development was not consistent
with the MRPA guidelines. Additionally, in its review the Plan Commission chose not to
strictly apply the MRPA Guidelines due in part the development that has already occurred in
the area, the architectural quality of the proposed development, and the development's
general consistency with the zoning ordinance and thus recommended approval, with
conditions, for the subject planned development of the bank.
FISCAL IMPACT
None anticipated other than the development will add approximately $2 million in assessed
value.
RECOMMENDATION
The Plan Commission recommended approval of the planned development r.equest at its
December 16, 2014 meeting.
Approved,���/v �,,�ti
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City Manager
ITEM: DEVELOPMENT PLAN REVIEW FOR A BANK DEVELOPMENT WITH
DRIVE-THROUGH ON PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF PEARL AVENUE AND JACKSON STREET IN THE
MARION ROAD REDEVELOPMENT AREA
Please note that there are two different analyses included in this staff report. The first is the
routine zoning, site plan, and planned development analysis that is routinely done for
developments in Planned Development areas and for CUPs. The second analysis, included at the
end of the staff report is analysis of the proposed development relative to the Marion Road/Pearl
Avenue Redevelopment Phase II Development Guidelines.
Plan Commission meeting of December 16, 2014
GENERAL INFORMATION
Petitioner: Hoffman Planning, Design and Construction
Owner: City of Oshkosh Redevelopment Authority
Actions Requested:
Hoffman Planning, Design and Construction have submitted site plans and concept elevation
renderings for Development Plan Review for an in-fill project proposed in the Phase II Marion
Road Redevelopment Area. The project includes the development of an 8,000 square foot bank
building with drive-through at the southwest corner of Pearl Avenue and Jackson Street.
Applicable Ordinance Provisions:
The Zoning Ordinance establishes criteria and guidelines for Planned Development Overlay
Districts in Section 30-33 of the Oshkosh Municipal Code. Additional guidance for development
review in this area is included as an attachment with the Marion Road/Pearl Avenue
Redevelopment Phase II Development Guidelines.
Property Location and 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.
The Phase II area is generally abutted on the west by Lamico (a vacant industrial use) and by the
Morgan Crossing apartment project; on the east by Jackson Street, on the north by vacant
commercial land and a church use and to the south(across Marion Road) with the Rivers Phase II
and Anthem apartment buildings. Conditional Use Permit/Planned Developments were previously
approved for construction of an office building, mixed commercial/residential structure, and
pharmacy (attached Resolution Packets 09-202 and 09-298). To date, the office building (Accu-
Com),pharmacy (former Morton's) and parking lot(developed to serve the potential mixed
commercial/residential structure) have been construcfed.
Bank First National has entered into an Option to Purchase the 1.78 acre property (on July 18,
2014) with the Oshkosh Redevelopment Authority, which provides a $1 purchase price and TIF
agreement that the development will be improved to a value of no less than $2 million.
�
Subject Site
Existin Land Use Zonin '
Undeveloped/Parking Lot C-3 PD
Ad'acent Land Use and Zonin
Existin Uses Zonin
_North.............._Undeveloped/Parking.._Lot_(across_Pearl_Avenue)._.................. ..._C.-3..._PD....................__..
South Vacant Commercial C-3 PD
_...................................................................................................................................................................................................................................................................................... .........
East Commercial and Service (across Jackson Street) C-3
_..................._.......................................... .........................................................................................
West Undeveloped C-3 PD
Comprehensive Plan Land Use Reeommendation Recommended
' Land Use
10 Year Land Use Recommendation Mixed Downtown
20 Year Land Use Recommendation Mixed Downtown
ANALYSIS
Use
The proposed financial institution/bank with drive-through use of the property is in compliance
with the underlying C-3 Central Commercial Zoning District designation as it is a permitted use.
It is projected that the facility will employ 12-18 employees and hold normal business hours but
the petitioner has indicated that the parking lot will be open to the public after business hours for
community activities and special events. -
Site Desi La.�
The proposed development plan includes construction of a one-story 8,000 square foot bank
building with a three lane drive-up canopy on its south side. The development will also include
parking facilities of 49 spaces with 22 stalls on the north side of the building fronting Pearl
Avenue and Jackson Street and 27 stalls on the interior of the lot on the building's west side. The
proposed parking count falls within the range of the code required minimum of 32 stalls (1 stall
per 250 s� and maximum of 53 stalls (1 stall per 150 sfl. Other site improvements include a
refuse enclosure on the west side of the property, pedestrian walkways to both Pearl Avenue and
Jackson Street, patio/sitting area on Pearl Avenue, a stone pier and wrought iron fence along the
Pearl Avenue and part of the Jackson Street frontages, existing bio-filtration and landscaped areas.
Site Development Statistics
Proposed Parcel Area: 77,688 s.f. 1.78 Acres
Building Footprint: 8,000 s.f. 10.3%
Floor Area Ratio (FAR) 8,000 s.f .1
Drive-Through and Paved Areas: 46,299 s.f. 59.6%
Green Space & Landscape Area 23,389 s.f. 30.1%
The building is proposed to be placed on the site with a west-east arientation so the two customer
entrances will be off Jackson Street and the internal parking lot. The buildings longer sides will
face north and south with the south side containing the three-lane canopied drive-through facility.
As designed, the project plan meets zoning ordinance setback standards with base standard
modifications needed and previously granted for the 0 foot side yard setbacks at the existing
shared vehicle access drives on the south lot line and the west lot line.
Item-SW Corner Pearl&Jackson-Bank First National PD 2
Access
Vehicular access to the development is proposed from both Pearl Avenue and Jackson Street in the
form of shared driveways that also service other development sites within the Phase II Marion
Road Redevelopment Area. A third access to the development is provided from a shared driveway
from Marion Road, which runs on the west of the former Morton Pharmacy. Internal vehicle
circulation is established on three sides of the building to access the multiple parking areas and
drive-through facility. Cross access easements/agreements between the multiple properties within
the redevelopment area have been recorded. Circulation to and from the development is quite
extensive with multiple options available but staff has some apprehension with the egress of the
drive-through facility, which exits the site onto the Jackson Street shared drive at just nine feet
from the property/right-of-way line, where typically a 75 foot lateral clearance would be required.
The worry centers on the limited stacking distance available on the property for those exiting the
drive-through area onto the shared Jackson Street driveway and ultimately out to Jackson Street.
Concern is that the ingress of vehicles could be impeded by customers leaving the drive-through
and awaiting exit onto Jackson Street, thereby potentially causing stacking/"back-ups"that could
extend into Jackson Street. Staff ultimately is in support of the base standard modification to the
reduced lateral clearance for the drive-through exit as previously approved development plans
included a similar drive-through as part of the mixed-use building and it is felt that exiting drive-
through traffic have the option of turning west and exiting one of the other drives in the event that
there are vehicles waiting to exit Jackson Street.
Pedestrian circulation to and from the building entrances is also quite extensive and includes a
entry walk directly from the Jackson Street sidewalk to the main entry as well as walks circulating
around the north and east sides of the building for direct pedestrian access to the west fa�ade
entrance as well as extending south to the access drive and north and west to the parking lots and
refuse enclosure. Staff recommends walkways are delineated with pavement markings or alternate
paving material where they cross vehicular drive aisles so the pedestrian crossing is
emphasized/given priority over the vehicle access. Additionally, a formal walk and patio/sitting
area extends from the sites internal walkway system to Pearl Avenue.
Sinae
A development identification sign area is depicted on the site plan north of the building at the
corner of Pearl Avenue and Jackson Street(at the corner of the parking lot), however sign design
or details have not been included within the submittal. Additionally, the provided renderings of
the elevation do not depict any wall signage on the building itself. The base C-3 Zoning District
allows for ample ground signage area(total of 800 square feet) and wall signage (10% of any
fa�ade area). Staff recommends a condition that the proposed signage package is brought back to
the Plan Commission for final approval prior to any sign permits being issued. At that time the
signage will be reviewed more closely to ensure that it is to scale with the overall development.
Landscapin��hting
A landscape plan has been submitted with the proposal which exceeds code requirements and
includes 18 trees (Firs, Ashes, Aspens and Maples) and 73 shrubs (variety). Trees have been
situated at the lot's north and south perimeter with particular attention to tree placement at the
Pearl Avenue patio/sitting area. Trees are also included within many of the parking lot landscape
islands though several do not include them and trees will need to be added to the landscape plan to
meet code requirements. A generous amount of shrubs of varying species are located at the
building's west, east and north foundation as well as along both sides of a 4 foot high stone pier
and wrought iron fence creating a structural and vegetative element along the majority of the Pearl
Avenue and Jackson Street frontages. Landscaping is not identified in the setback area along
Item-SW Corner Pearl&Jackson-Bank First National PD 3
Jackson Street in front of the drive-through and staff recommends that landscaping be included in
this area to help soften or buffer the pavement area and the headlights associated with drive-
through traffic from Jackson Street and the properties across it.
Lighting plans have not been submitted with the proposal but the project narrative states that the
exterior light fixtures will limit lighting to the property boundaries and match the adjacent
developments in style. Code compliant lighting plans will be required to be reviewed at time of
building permit issuance however staff suggests that low level pedestrian lighting also be included
at the Pearl Avenue patio/sitting area and recommends a condition to approve any new lighting
installed on the site.
Stormwater Detention
Stormwater management plans were established and facilities constructed during the initial
development of the Phase II Marion Road Redevelopment Area and the petitioner intends to utilize
these existing facilities including the retention and maintenance of the two existing biofiltration
areas located on-site.
Building Elevations
The building is proposed to be a single-story structure with a taller heavily windowed central roof
designed to provide natural light to the structures interior. Elevations have not been included in
the submittal but the petitioner has included multiple renderings primarily focusing on the
northeast and southeast corner views, which depict wall plane differentiation and a large
percentage of the walls including flat aluminum canopied/sun shaded windows. The petitioner
indicates that the design is consistent with prototypical Bank First National buildings in
Sheboygan and Two Rivers and also being built in Appleton with exterior walls a mixture of stone,
glass and wood siding. Included with the application package are photographs of the Sheboygan
Bank First National building to provide better visualization of the materials proposed and general
look/design of the proposed structure. Staff recommends a condition that the final building
elevations are brought to the Plan Commission for final design review prior to permit issuance.
No details for construction of the refuse enclosure have been supplied so staff is recommending a
condition that the materials used for the refuse enclosure match or compliment the main building's
materials.
Section II Redevelopment Guideline Analysis
Consistency with the Marion Road/Pearl Avenue Redevelopment Area Phase II Development
Guidelines
The Marion Road/Pearl Avenue (MRPA) Redevelopment Guidelines were prepared by LDR
International in 2003 in an attempt to establish additional guidelines for development occurring in
the MRPA. The purpose of the effort was to be able to share the guidelines with future developers
(and reviewers) at the forefront of the development process about what is to be expected in terms
of development for the overall area and for each parcel in the Phase II area.
Essentially the guidelines were intended to supplement existing zoning and comprehensive plan
recommendations by providing direction and guidance over how the community wants
development to look and act within the MRPA given the significant investment the community has
made to prepare the area for redevelopment over the years. The guidelines fill the gap between
what the zoning ordinance permits and the end quality of development the community desires.
Towards this end, the guidelines provide recommendations in relation to:
• Land Uses
Item-SW Corner Pear[&Jackson-Bank First Nationa[PD 4
• Residential Densities
• Architectural Character
• Site Design and Layout
• Character Objectives
It should be noted that the guidelines are not intended to stifle creativity when it comes to
developing a site or building as they are not rigid zoning regulations but rather a set of
recommendations to design as development moves forward in the area. Taken together, the
guidelines provide a better framework to create a sense of place for this entire redevelopment area.
The guidelines relate mainly to the Phase II development area(see map)primarily because those
were the areas that the city had control of at the time and was seeking developers through an RFP
process. The concepts however are universally appropriate in this area and have been incorporated
into new development in the Phase III area(e.g. Rivers).
There are two main sections in the MRPA guidelines document that help to guide development.
Section Three, starting on page 10 addresses "Parcel Site Parameters and Plans" and Section 4,
starting on page 34, addresses Character Objectives.
Parcel site parameters and plans provide recommendations for each of the development parcels in
the Phase II area by laying out potential building placement; providing recommendations as to land
use; and identifying architectural characteristics and character objectives that should be
incorporated.
Consistency with the guidelines should be a starting point for any development occurring in the
district and where development is not consistent with the guidelines that condition needs to be
noted so the community better understands the long term implications of the decision. That is not
to say exceptions should not be granted, they have (e.g. Morton) but those exceptions must be
noted and understood within the context of the overall development plan.
Subject Development Plan
The proposed site for redevelopment lies on Parcel H within the MRPA (see pages 16-19 of the
guidelines for specific recommendations). Parcel H has previously been developed with the
Morton development to the south and Accu-Com to the west. The Morton Development was
approved as part of a package (Council Resolution-09-202) that also included a proposal for a two
story mixed use building on the corner of Pearl Avenue and Jackson Street. The Morton
development was permitted to deviate from the strong street edge requirement in the guidelines
given the strong street edge being proposed by the mixed use building at the intersection as well as
the inclusion of the pillared fence along the frontage. The proposed development of the bank
essentially amends this previous approval by changing site design, overall land use, architecture
and character.
Parcel H recommended land uses are: office, commercial, and multifamily residential so the
proposed land use of a bank would is consistent with guidelines.
The guidelines recommend a density of 39 du/acre for residential, and .65 FAR(floor area ratio)
for"office". The guidelines do not have a density recommendation for retail type uses; however, it
is clear that the density recommendations are geared more towards creating higher density
development in the area that will generally equate to more value and intensity of use. In this case
the subject development at about 8,000 square feet produces an FAR of.1 which is far under the
target density of.65. In that context the proposed development is more "suburban"than urban
indicating that a lot of approximately 77,000 square feet is too large for this sized development. In
this context the proposed development would not seem to be consistent with the guidelines. An
alternative would be to increase the floor area or decrease the parcel size to allow for additional
development.
Item-SW Corner Pearl&Jackson-Bank First Natdonal PD S
Relative to height, the guidelines recommend a minimum height of 30 feet for residential buildings
and recommends commercial buildings of one story to be a minimum of 25 feet above street grade.
The proposed bank is a one story building with flat roof that appears to be 15-20 feet in height so
appears well under the height recommendation guidelines. The building's height could potentially
be raised to meet the 25 foot requirement or could include other architectural detailing to raise the
overall height.
The MRPA guidelines recommend buildings create a strong street edge along Jackson Street
and/or Pearl Avenue by placing large segments of a building's edge along the street setback and
none of the recommendations include parking areas along the street. Additionally, one of the
alternatives includes potential of a private park amenity at the corner of Jackson and Pearl. In this
case the proposed development includes about 25% of the building perimeter as street edge along
Jackson Street and places a surface parking lot at the corner of Jackson and Pearl with no real park
amenity at that location as raised as an alternative in the guidelines. The plan does however place
a stone pier and wrought iron fence line at the sidewalk as well as some green space and patio area
park amenity to the west in an attempt to meet that particular recommendation. Staff is concerned
with the parking to the north of the development as proposed and would like to see the developer
continue to consider alternative site layouts such as rotating the building counter clockwise that
would put it up closer to the intersection more in keeping with the guidelines. As currently
proposed the development does not seem to be consistent with the guidelines relative to "creating a
strong street wall"presence.
Consistency with Character Objectives
Relative to the proposed development and the guidelines' "character objectives" (starting on page
34)the development would generally seem to be consistent with 4 out of 6 of the objectives.
Objective 1 "buildings will create a strong street edge" does not seem to have been met as only
about 25% of the building's perimeter is along the street ROW and does not include the buildings
principal entrance. Architecturally, the building is pleasing and would seem to be compatible with
its neighbors as recommended in Objective 2. Objective 3 regarding encouraging pedestrian
activity would seem to have been met with clearly identified entrances and pedestrian connections
to the sidewalk and a fair amount of windows creating a well fenestrated building. Objective 4
regarding buildings being constructed to last is met through a combination of masonry, brick, and
stone components. Objective 5 about buildings responding to the context of Oshkosh and the
heritage of the river would seem to be met as the proposed building's form is straightforward and
avoids non-functional and inappropriate ornamentation. Objective 6 recommends that on-site
parking being visually separated from major streets. An attempt has been made to visually screen
the north parking area from the highly visible Pearl/Jackson intersection with fencing and
landscaping but staff feels this does not meet the overall intent of the guidelines because the
parking lot still represents a major street presence for the development.
Overall Anal sis Relative to MRPA Desi n Guidelines
Compliance with
Guidelines Alternatives
Site Plan Parameters
Yes. A bank is a
Proposed Use consistent use. NA
No. Density is well
under the intended Increase amount of floor area through addition of
target ratio of.65 with a second floor or reduce size of parcel to allow
Density FAR of.1 additional development to occur.
Height No. Appears to be Increase overall height of building to 25 feet.
/tem-SW Corner Pearl&Jackson-Bank First National PD 6
under 25 foot high
minimum.
No. About 25%of
building perimeter Rotate building counter clockwise to north to
creates"street bring 50%of the building perimeter into street
Street Wall presence". setback area.
Character Objectives
Objective No. 1
Create Strong Street No. (see street wall
Edge parameter above) See above.
Yes. Good architectural
Objective No. 2 detailing and use of
Compatibility differing components.
Objective No. 3
Pedestrian Activity Yes.
Yes. Building will be
Objective No.4 constructed with
Constructed to Last durable materials.
Objective No. 5
Context of Oshkosh Yes.
No. Primary parking
Objective No. 6 area is located be�ween Rotate building counterclockwise to place
On-site parking building and Pearl emphasis on building at intersection rather than
Separation Avenue parking.
Overall Proposed development meets 5 of the 9 MRPA Design Guidelines.
Staff is asking the Plan Commission to make a determination that the proposed development is
consistent with the Marion Road/Pearl Avenue Redevelopment Phase II Development Guidelines.
Should the Plan Commission feel that the development is not consistent with those guidelines, it
may recommend against the proposal or may recommend various conditions be incorporated that
would make the development consistent with the guidelines.
RECOMMENDATION/CONDITIONS
A. Consistency with the Phase II Development Guidelines
The applicant is requesting a finding by the Plan Commission that the proposed development is
consistent with the Marion Road/Pear1 Avenue Redevelopment Area Phase II Development
Guidelines.
B. Development Plan Review
Staff recommends approval of the Development Plan with the following conditions:
1) Base standard modification to allow 0 side yard setbacks at the south and west lot lines;
2) Final sign package be brought back to the Plan Commission for final approval prior to
issuance of a building permit.
3) Final building elevations be brought back to the Plan Commission for design review
and final approval priar to issuance of a building permit.
4) On site lighting to be pedestrian scale and approved by the Department of Community
Development.
5) Final approval of dumpster enclosure be consistent with the principal building and
approved by the Department of Community Development prior to permit issuance.
Item-SW Corner Pearl&Jackson-Bank First National PD 7
6) Cross access easements/agreements between the multiple properties within the
redevelopment area are established;
7) Base standard modification to allow nine feet of lateral clearance from the Jackson
Street Property line to the drive-through lane exit; '
8) Walkways are delineated with pavement markings or alternate paving material where
they cross vehicular drive aisles;
9) Proposed ground identity sign be monument style consistent with other signs in the
redevelopment area and receive final approval by the Department of Community
Development;
10) Low level pedestrian lighting be included at the Pearl Avenue patio/sitting area;
11) Landscaping be positioned in the setback area along Jackson Street in front of the
drive-through with the intent to soften and buffer the pavement area and the headlights
associated with drive-through traffic from Jackson Street;
12) Materials used for the refuse enclosure match or compliment the main building's
materials, as approved by the Department of Community Development.
The Plan Commission found the proposal to not be consistent with the Marion Road/Pearl Avenue
Redevelopment Area Phase II Development Guidelines but approved of the planned development
as requested with conditions noted. The following is the Plan Commission's discussion on this
item.
Mr. Buck presented the item and stated that this item includes not only a review of the planned
development but also a review of its consistency with the Marion Road/Pearl Avenue
Redevelopment Area Phase II Development Guidelines, which were created in 2003. He reviewed
the site and surrounding area as well as the land use and zoning classifications in said area. He
discussed the history of the redevelopment area including the Accu-Com building, Morton
Pharmacy development, and the mixed use development that was approved but never constructed.
He reviewed the conceptual site plan, pedestrian accesses, refuse enclosure, patio/sitting area,
landscape plan, and fencing for the proposed development. He discussed the building's location
and drive thru location on the site and the base standard modifications necessary. He also
reviewed the internal circulation on the site and discussed the concerns with stacking issues
resulting from the location of the drive thru and the base standard modification necessary for the
lateral clearance on Jackson Street. He noted that signage was not included with the application
but would be brought back to the Plan Commission for approval at a later date. He discussed the
landscaping features in greater detail and stated that lighting plans had not been included but
would be required to meet code requirements. He also discussed storm water management which
was already in place as part of the overall area's detention plans and elevations of the structure
which were also not included but reviewed the examples provided of other banks in other
communities that were previously developed. He reviewed the renderings of the bank in
Sheboygan that were provided by the petitioner which possessed similar architectural features and
discussed the refuse enclosure requirements which were also not included with this submission.
He reviewed the 2003 design guidelines for the Marion Road/Pearl Avenue redevelopment area to
set recommendations for the redevelopment criteria for this area. He reviewed the parameters for
this site and the recommended location of the parking areas, density/floor area ratio as well as the
requirement for street edge presence and the overall analysis relative to the Marion Road/Pearl
Avenue (MRPA) design guidelines, of which this development meets 5 of the 9 MRPA standards.
He also discussed alternatives for the development that would help the project meet more of the
design standard guidelines such as rotating the building 90 degrees and moving the parking area
off the street edge. He stated that the Plan Commission was to make a recommendation on both
Item-SW Corner Pearl&Jackson-Bank First National PD 8
the consistency with the MRPA design guidelines as well as the approval of the planned
development. He also reviewed the conditions recommended for this request.
Mr. Barsuk stated that the Plan Commission previously held a workshop session on this proposed
development to obtain general comments and questioned what the applicant was told. He also
commented on the photos of the bank in Sheboygan as it did not show a rendering of what the site
looked like from a head-on view which would give the Commission a better idea of what the
development would look like from the Jackson Street view. He was also interested in what the
entryway would look like.
Mr. Buck responded that there were examples of the entryways on both the west and east side of
the Sheboygan development and that the elevations would be required to come back to the Plan
Commission at a later date for final approval. He also discussed the drive thru entrance which the
petitioner did not provide renderings of from the Sheboygan development. He further stated that
the workshop held was on the concept of a bank on this site however he was not sure about exactly
what the petitioner took away from this session as far as Commission members' comments about
their plans.
Mr. Gray questioned if the development improvements referenced in the staff report were
construction values or assessed values.
Mr. Buck responded that they were assessed values.
Mr. Gray also commented on the number of employees at this facility and questioned if the current
bank facility at City Center would be closing and moving those employees to this new site. He
also commented about the recommendation necessary that it is consistent with the guidelines and
although he did not feel that it was, he did not feel it was necessary as these were only guidelines
and not policy. He felt it could be said that the guidelines did not apply in this circumstance.
Mr. Bowen commented that the 2003 design guidelines were not only developed to offer standards
for this area but were also incorporated into the City's Comprehensive Plan. He questioned when
this development goes before the RDA, will they be reviewing it in context of the design
standards.
Allen Davis, Director of Community Development, responded that the RDA looks at multiple
things and they would be reviewing the concept, which they did support initially.
Mr. Thoms inquired if we adhered to the 2003 design guidelines when we allowed the
development of the Morton Pharmacy site as he wished to determine if it was consistent with what
is being done with this development.
Mr. Burich responded that the Morton Pharmacy development was part of a package that included
the mixed use development along Jackson Street which served as to offset the approval of the
pharmacy site, which did not adhere to the 2003 design guidelines.
Mr. Thoms stated that it did not appear that the Accu-Com development met the design guidelines
requirements either.
Mr. Burich indicated that the Accu-Com development did meet those requirements as the building
is up against the street with the parking behind the structure as specified in the design standards.
Item-SW Corner Pearl&Jackson-Bank First National PD 9
Mr. Thoms commented that we changed some of the design to make the Morton development
work and he would need to know some other details. This development meets a piece of the
guidelines and details such as extending the fence may help this project meet some of the standards
required.
Mr. Borsuk stated that some significant details are missing in the presentation such as elevations
and the ability to rotate the building and suggested that this item be laid over until additional
materials could be submitted.
Bob Gredorski, representing Bank First National, discussed entering into their option to purchase
the property this past summer and that he had met with staff at that time and went through several
conceptual plans. He explained that they were looking to see if this development would receive
approval from the Plan Commission prior to incurring the expense of creating full blown plans for
the project. He stated that if the development received a favorable recommendation,they would
come back to the Plan Commission at a later date with full elevations and design plans, however at
this point they need to know if this development would be found suitable for the site.
Ms. Lohry commented that she liked the concept and felt that the Morton's development came out
very nice.
Mr. Thoms stated that rotating the building so the drive thru aisle does not face Jackson Street was
suggested by staff and questioned if that was something that they would consider altering.
Mr. Gredorski replied that the site was difficult to develop with the biofilters and easements and
other limiting features and that only half of the property was available for the development. He
also stated that the improved value quoted in the staff report was the value of assessed costs not
construction costs. He also discussed the numerous designs created with changing the layout of
the site and that the drive thru would not work on the back side of the development. He further
explained the reasons why the various other designs they conceived did not wark due to safety
concerns and traffic movement concerns. He stated that the proposed site plan functions well and
discussed the other buildings in the redevelopment area. He reiterated that the site was difficult to
develop and that access was also challenging. He discussed that the options on the site for the
mixed use development approved never came to fruition and discussed the difficulties working
with the site layout and being able to meet the design guidelines. He described the drive thru
proposed on the other building and the architectural features included on their drive thru and the
impact of the building. He explained that there were ten employees currently at the City Center
bank facility and that facility would close when this development was constructed. The new
facility would employ 16 to 18 persons and they are trying to both meet the design standard
guidelines as well as creating a bank that meets their prototypical design and is customer friendly.
He felt this development meets the design guidelines better than the Accu-Com or Morton
Pharmacy developments and they need to move forward with their option to purchase but they
need to be confident about the building design before doing so. He requested confirmation from
the Plan Commission that the development would receive a positive recommendation before they
proceed.
Ms. Propp stated that she would support the bank development and that she does not agree with
staff's characterization on some of the details. She further stated that the architectural
compatibility seems out of place with other buildings in the area as it looks too modern in style.
Item-SW Corner Pearl&Jackson-Bank First National PD 10
Mr. Gredorski indicated that he felt the proposed building looks better than other structure in the
area and is an expensive bank development.
Mr. Fojtik commented that the architectural style was more like a Frank Lloyd Wright quality and
the city may not do much better in finding more appropriate development for this site. He did
agree that it was not like the other structures in the vicinity.
Mr. Gray again questioned if the value of improvement was assessed value or construction costs.
Mr. Gredarski responded that it was assessed value.
Mr. Thoms inquired about how much leeway there would be regarding the strong street edge
portion of the design guidelines. He felt that the sitting area was a nice enhancement and
questioned if fencing could be added or other features to satisfy that requirement of the design
standards. He felt with some alterations it should be enough to meet the necessary criteria.
Mr. Burich explained that the guidelines were meant to set a guide as a starting point to evaluate
development proposals and that we can waiver from them. This proposal would still have to go to
the RDA and Common Council for approval and if the Commission members have suggestions,
we need to hear about them. He further discussed references in the 2003 development guidelines.
Mr. Thoms commented that he did not see where this development would be inconsistent with the
development guidelines set forth.
Mr. Gredorski stated that the building was 24 feet tall at its highest point as proposed and they
could add a foot to it to meet the height aspect of the design guidelines. He did not see how
rotating the building would resolve the issue of the location of the on-site parking as it would flip
the area of the parking stalls however it would still be located near the road.
Mr. Bowen commented about meeting the density requirement of the guidelines as that point really
is far off of the expectations as far as .O1 compared to .65 floor area ratio. He felt the only way to
resolve this would be to make the parcel smaller or add a second floor to the structure.
Mr. Gredorski responded that it was an 8000 square foot bank building which is a very large
facility and that the site could not be divided to accommodate two users as the two biofilters and
the easement area takes up too much space. He further stated that the mixed use development
concept does not work for them as the banking facility does not want residents living above it.
Mr. Cummings commented that the architectural features of this development raises the bar and he
thought it fits well with the Welcome Center of the University. He did have concerns that the city
spent a lot of time and money on these redevelopment guidelines in 2003 and questioned how far
we should deviate from this plan after the expense that went into creating it. He felt the bank
would be a good fit at this location however we have to address how it meets the redevelopment
guidelines.
Mr. Gray felt this was a good development and he would be in support of it.
Mr. Barsuk questioned if this was the only site layout that the bank felt would work for their
development.
Item-SW Corner Pearl&Jackson-Bank First National PD 11
Mr. Gredorski responded affirmatively and explained their reasoning for the location of the drive
thru and that to place the parking stalls behind the drive thru would result in pedestrians needing to
cross over the drive lanes which he did not feel would work.
Mr. Borsuk commented that Chase Bank in Fond du Lac has a similar situation with their layout
and it seems to work well for them.
Mr. Gredorski disagreed and offered to demonstrate his philosophy with site plans.
Mr. Borsuk stated that he was not sure about this development and was uncomfortable with
approving it as presented. He felt that the city had ideas for this area however they are trying to
make something else work there instead. The development program of this area seems to be
driven by acquiring the necessary tax increment and we need to consider if this development is
what should go on this parcel.
Mr. Bowen commented that if this development was proposed far a location on Highway 21,
Witzel Avenue or Koeller Street, there would be no question about its approval however he felt the
density factor was still an issue. The design guidelines were for an urban dense downtown
development and this proposal does not fit with the Comprehensive Plan and the tax increment is
not something that is within the Plan Commission's prevue. He further stated that he could not
accept a floor area ratio of.O1 for this development and although he would like to see something
developed on this site, he would not support the project as presented.
Mr. Cummings stated that Common Council decisions really have a long term impact on the city
and the strategic planning sessions that were held all dealt with long term issues. He felt the
Commission needed to look at the design guidelines,the Comprehensive Plan and the long term
impact of this development and not consider the short term benefits alone.
Mr. Thoms commented that he did not feel that this development was contrary to the
Comprehensive Plan and was not consistent with the redevelopment guidelines only. He felt we
need to consider functionality and in most large cities banks are located in the downtown area.
This facility would be able to service both the residential needs of the apartment developments in
this area as well as the University and he did not feel it was necessary to meet certain density
requirements laid out in the design guidelines. This facility would provide services for this area
and the Commission should be looking at more than just a density ratio. The architectural
differences make sense in his opinion and the guidelines are not set in concrete and he felt it was a
good development proposal. He also had concerns that waiting for the next development that
would meet more of the design guidelines may not work out.
Ms. Lohry agreed with Mr. Thoms and stated that she did not feel bound by the design guidelines
as she was not a member of the Plan Commission at the time they were developed. She further
stated she was pleased with the architectural features and landscaping plans and felt it was a good
addition to the downtown area which was more important than the density ratio.
Mr. Hinz stated that he agreed that the proposed bank is larger than most bank facilities and would
have more employees than the existing facility and he felt it was the type of long term
development that the city was looking for.
Item-SW Corner Pearl&Jackson-Bank First National PD 12
Mr. Gray stated that he was very conservative and these guidelines were developed in 2003. He
commented about why we were updating the zoning ardinance or why we have building standards
and that he felt this was a good plan and may be the best we will ever see for the site.
Ms. Propp commented that she was willing to waive the strong street edge objective of the design
guidelines however she could not say that it is consistent with the design guidelines.
Mr. Gredorski stated that the staff report refers to the floor area ratio as .Ol and that was a typo and
it should be .10.
Mr. Gray suggested that the Commission could approve the development plan with the caveat that
it is not consistent with the design guidelines.
Motion by Bowen to vote on the consistency with the Phase II Development Guidelines and
the planned development review as two separate votes.
Seconded by Propp. Motion carried 7-2. (Ayes-Borsuk/Bowen/Fojtik/Cummings/Propp/
Gray/Lohry. Nays-Thoms/Hinz)
Motion by Borsuk that the proposed development is consistent with the Marion Road/Pearl
Avenue Redevelopment Area Phase II Development Guidelines.
Seconded by Bowen. Motion denied 6-3. (Ayes-Thoms/Fojtik/Hinz. Nays-Borsuk/Bowen/
Cummings/Propp/Gray/Lohry)
Motion by Gray to approve a planned development for a bank development with drive-thru
on property located at the southwest corner of Pearl Avenue and Jackson Street with the
following conditions:
1) Base standard modification to allow 0 side yard setbacks at the south and west lot
lines;
2) Final sign package be brought back to the Plan Commission for final approval prior to
issuance of a building permit.
3) Final building elevations be brought back to the Plan Commission for design review
and final approval prior to issuance of a building permit.
4) On site lighting to be pedestrian scale and approved by the Department of Community
Development.
S) Final approval of dumpster enclosure be consistent with the principal building and
approved by the Department of Community Development prior to permit issuance.
6) Cross access easements/agreements between the multiple properties within the
redevelopment area are established;
7) Base standard modification to allow nine feet of lateral clearance from the Jackson
Street Properry line to the drive-through lane exit;
8) Walkways are delineated with pavement markings or alternate paving material where
they cross vehicular drive aisles;
9) Proposed ground identity sign be monument style consistent with other signs in the
redevelopment area and receive final approval by the Department of Community
Development;
10) Low level pedestrian lighting be included at the Pearl Avenue patio/sitting area;
11) Landscaping be positioned in the setback area along Jackson Street in front of the
drive-through with the intent to soften and buffer the pavement area and the headlights
associated with drive-through traffic from Jackson Street;
Item-SW Corner Pearl&Jackson-Bank Frrst National PD 13
12) Materials used for the refuse enclosure match or compliment the main building's
materials, as approved by the Department of Community Development.
Seconded by Propp. Motion carried 9-0.
Item-SW Corner Pearl&Jackson-Bank First National PD �4
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.
� 5
/�•
0.1'HK 1H
oN nE w�hn � �
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Ki ey ��
Director of Co unity Development
DATE: May 21,2009
RE: Approve Conditional Use Permit for a Mixed CommerciaUResidential Structure
and Approve Site Plans and Elevations for Planned Developments including a 60
unit senior living apartment building,a 14,OOQ square foot commercial structure,
and 15,000 square foot mixed use commerciaUresidential 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 conslructed in the Marion Road
Redevelopment Area. The projects include:
• a 15,366 s.f. 2-3 story mixed commerciaUresidential structure on the southwest camer of
� Pearl Avenue and Jackson Street.
• a 14,01b 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;
Proiects North of Marion Road
Miged Use CommerciaUResidential Structure/Southwest Carner 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 resta.urant 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.
1
��P
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 fronta.ges 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 Standazds,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.
AN.ALYSIS
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 fornner industrial district and brownfield
area.
The 2-3 story mixed commercial-residential structure is a modem urban style building with a flat
roof aecented 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 partion of Marion Road.
2
�1
The 3 story apartment project offers a traditional urban design with earth tane 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 Drivewav. 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 reiated to northbound tra.f�c 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 Mortan Pharmacy indicated limiting the driveway to right in/right out only
would present groblems 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 thax are needed to help the City/RDA address costs incurred in prepazing the area for
development and costs of the public rivenvalk.
RECOMMENDATION
The Redevelopment Authority unanimously approved the proposed projects and site plans at its
meeting on May 14th,and the Plan Commission gave its apgroval 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 ResolutiQn. It is therefore recommended the Zoning Ordinance approvals
be given to the three projects.
Approved,
,-��i2�—_ :.
� Ciiy Manager
3
!g
ITEM: DEVELOPMENT PLAN REVIEW APPI20VAL FOR MULTIPLE
PROPERTIES IN THE MARION ROAD REDEVELOPMENT AREA
INCLUDING A CONDITIONAL USE PERMIT FOR A MIXED USE
COMNIERCIAL RESIDENTIAL STRUCTURE AND ACCESS CONTROL
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 Autharity
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 comer of
Marion Road and Jackson Street, and a 15,366 square foot two story mixed commerciaUresidential
stnzcture 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 averall concept plan for the azea.
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 Mazion Road Redevelopment Area. The Phase II area is
comprised of approximately 13 acres of former iridustrial 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 �
Sub'ect Site hase II Area)
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Undeveloped C-3PD
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Ad'acent Land Use and Zonin hase II Area
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North 'Institutional across Pearl Avenue C-3PD
South Property abuts alon river, other side are industrial lands M-2
East CommerciaUCity Center ro erty across Jackson Street C-3
West Industrial M-2
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t..M
10 Year Land Use Recommendation j Mixed Downtown Development
20 Year Land Use Recommendation � ; Mixed Downtown Develo ment `
The Rivers—Senior Living Apartment Project
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 predomina.te 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 Iumber 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: 1 J9 Acres
Building Footprint: 26,750 s.f. 34.4%
Asphalt Area 19,096 s.f. 24.6%
Concrete Area 5,194 s.f. 6.7%
Pervious Fire Lane 1,875 s.f. 2.4%
Greenspace &Landscape Areas 24,817 s.f. 31.9%
Zoning and Site Considerations
l�se
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 t�credits for the project, and this will
Item: CUP/PD Marion Road Redevelopment
20
result in the establishment of both income and rent Iimits 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 MarionlPearl
Neighborhood.
Setbacks and Building Orzentation
The building is placed on the site to take advantage of the adjacency of the river and riverwalk and as
such is setback approximately 5 feet from the riverwalk outiot boundary. The building is designed in a
"U"shape to provide a center courryard 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 unc3erground parking. 60 spaces
aze 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 Buidding 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 regazd to scale and placement
and t�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 followi.ng conditions:
l. 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 .AedeveSopment
� �
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 axea 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-residentiai 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 2.3b acres) is identified for future development that will be required to obtain
site and development plan agproval.
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 pazking spaces provided(0 required)
Retail(2 space) 1,200 s.f. (each)
Residential
7 units w/2 bedrooms on 2na flool'
1 unit(accessible) 1 bedroom on 1�floor
Parking spaces provided 23 (15 required)
Future Commercial Development Pad along Jackson Street 3,000-4,000 s.f.footprint
20 Pazking spaces allotted(0 required)
Future Commer-cial Development Pad along Pearl Avenue and Rivenvay Drive S,000 s.f.footprint
29 parking spaces provided(0 required)
Zoning and Site Consideratians
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 wi11 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 comer 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 residen#ial apartments.
Itemc CUP/PD Marion Road RedeveZopmeat
��
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 a11 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 ineasures have worked well in other
redevelopment projects in order to create an urban scale environmerit.
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 staffhas 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 af inedians within the driveway to prevent
left turn traffic into the site while at the sa.me 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: CQP/PD Marion Road Redevelopment
23
Road or if missed then via Pearl Avenue.
The driveway to Pearl Avenue is located appro�mately 141 feet from the right-of-way line along
Jackson Street. The Access Coritrol Ordinance requires a minimum of I75 feet from the comer 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 ox negatively impacting the future development site at the comer
of Peazl 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-thru 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 styie 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 azeas 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.
1Zecommendation
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 pzinciple struchxres 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 Redevelopmeat
��
4. Final approval of all site signage to be approved by the Department of Commu.nity
Develogment prior to permit issuance.
5. Installation of inedians 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 pernut 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 Miged 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. Fina1 landscape plans to be approved by the Department of Community Development prior to
pernut issuance.
4. Final approval of all site signage to be approved by the Department of Community
Development prior to permit issuance.
5. Tnstallation of inedians in the Jackson Street driveway entrance to permit right in right out
tr�c only.
Access Control Yariance
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 sta.ted that the development areas would be on the south and north
sides of Marion Road in development azeas 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 aceess control variance to permit four driveways with one driveway 140 feet
item: CUP/PD Marion Road Redevelopmeat
��
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.
1blr. 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 ti.me 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�ariety of uses on the river front and that the
proposed aparbments were fixed income,not low income,housing and there would be a fair amoun#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 dollazs to construct with the units being rent controlled for 15 years
only.
Mx. 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 staffls 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 fiu-thering development on these remaining
sites.
Mr. Burich stated that these areas were nvt 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 RedevelopmenC
2 c�
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.
Mr. Burich responded that the riverwalk would be a public way.
Ms. Mattox commended the developers for locating the parking area for the apartments undergzound 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 wouid carry not only pharmaceutical products but also convenience store items as weli.
Ms. Mattox also questioned if 80 parking spaces were necessary for the pharmacy use.
Mr. Burich replied that from a zvning 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 fizrther
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 a11 of
these eventually, The apartments were for active seniors similar to the apartznent building on Hazel
Street which has been fiilly 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 Marion Road Redevelopmeat
_ - - -- --.... ��
Riverway Drive and are also planning to continue the retail use on Jackson Street when the economy
comes azound 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.
Mr. Dumke replied that since the market is not solid in these economic times,to obta.in the necessary
t�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 properiy 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 deternuned 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 righf 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.
Iterrs: CUP/PD Marion Road Redevelopment
� V
Art Dumke responded that mazket 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 phannacy 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 azea and questioned if the structure could be set back further
from the river. He also sta.ted 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 azea within the riverwalk. There is also additional setback in the walkway. �He fiuther
stated that in riverwalk envixonments it is customary to have buildings very close to the walkway with
some uses closer than others as the uses atong 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 compensatozy 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 pharmacylconvenience 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 tum 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 Marioa Road RedeveSopment
2q
if the comrnission 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 regardi.ng 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 Nollenberge�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 Apartmeni Plarined Development�teview
1. �lpproval of landscape plan by the Department of Community Development.
2. Approvad ofproposed ground sign by the Department of Community Development.
3. Approval offinal building elevations, materials, and colors by the Department of Community
Development.
Seconded by Lowry.
Mr. Thoms commented that the development appears to meet the conditianal use permit standards. He
further commented that the grocery store needs are not really met and the left tum 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 tliem 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 Authoiity.
Mr. Kinney stated that approving this request would allow the development to move forward with their
land use plan and from the Redevelopment Authoriiy's standpoint;they are very excited about this
proposal. We are still looking for a hotel and affice 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: CIIP/PD Marioa Road Redeve2opment
_ ___ ..__.
: � :�
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
phartnacy 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 capried S-2. Ayes-Fojtik/Lowry/Mattax/Thoms/Nollenberger. Nays-Borsuk/McHugh.
Motion by Ms. Mattox to amend condition #S on the pharmacy/mixed use development to make
it a full access driveway entrance lvith review in three years.
Seconded by Lowry. Motion carYied 6-1. Ayes-Fojtik/Lowry/McHugh/Mattox/Thoms/
Nollenberger. Nays-Borsul�
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
mi�ed use commercial resic�ential structure in the Marion Road Redevelopment area as
requested with the following conditions:
Pharmacy and Nfixed Use Development Planned Development IZeview
1. Provide an enhanced level of landscaping and landscape architecture treatments for the
parking areas abut�ing Jaekson Street and Marion Roac�
2. Materials used for trash enclosures be cansistent 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 i,fany mod�cations are needed to alleviate traffic
safety issues.
Seconded by McHugh. Motion carried 6-1. Ayes-Borsuk/Fojtik/Lowry/Mattox/Thoms/
Nollenberger. Nays-McHugh.
Motion by Lowry to approve an access control variance to perrnit four driveways with one
driveway 140 feet from the Jackson Street right-of-way.
Seconded by Mattox. Motion carried 7-0. '
Stem: CUP/PD Marion xoad Redevelopment � 1
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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 COMMERCIAL/RESIDENTIAL
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 corner 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 Develapmerlt.
y�
.�
OJHKOIH
ON TXi IYA701 ' .
T0: Honorable Mayor and Members of the Common Council
FROM: Jackson ' ey Cu.hav--�
Director of Com unity Developmer�t
DATE: July 23,2009
RE: Approve Development Plan for Construction of Office Building at the Southeast
Comer Pearl Avenue and Riverway Drive; approve Revised Developrnent Plan
and Conditional Use Permit for Expansion of Previously Approved Mixed
CornmerciaUResidential Structure at.Southwest corner of Pearl Avenue and
Jackson Street(Plan Commission recommends approval)
BACKGROUND/SUBJECT PROPERTY
Council is asked to provide Zoning Ordinance approval af a site plan and elevations for a new
7,300 square foot office building to be located at the southeast corner of Riverway Drive and
Pearl Avenue and approval of a revised site plan and amended Conditional Use Permit(CUP)to
expand the footprint for the previously approved miYed commerciaUresidential structure at the -
southwest comer of Peazl Avenue and Jackson Street. The amendment to the CUP for the
previously approved mixed commerciaUresidential structure involves expanding the building
footprint to the south approximately 60 feet and increasing the size of the structure from 19,800
square feet to 29,764 square feet;increasing the number of residential units from 8 to 12;and
adding drive-thru capability at the southem end of the building. . ' '
Accu-Com Project: .
Accu-Com will be moving from an older one story building that is situated in the commercial
strip on the north side of Oshkosh Avenue between Rainbow Drive and Fox Street in the area of
the Oshkosh Avenue/Sarvyer Street iritersection. Accu-Com has essentially outgrown its current .
space of 5,000 squaze feet(see attached memo from Accu-Com). In makinS a move,Accu-Com
also needed the type of underground telephone service that is available in the Pearl Avenue area
The previously approved site plan for this general area had shown a buildin.g pad for a future
office building of approximately 5,000 square feet. At the time, it had been assumed that the
building would be a one story structure. The plan for Accu-Com includes a two story section
situated along the Pearl Avenue frontage,with a one story section to the rear along Riverway
Drive. Attached are the floor plans and building elevations. The primary building material will
be brick,utilizing an earth tone color that biends well with the brick on the mixed
commerciaUresidential structure to the immediate east, and which is also harmonious with the
brick color on the Morgan Crossing develapment to the west across Riverway Drive.
The two story section of the Accu-Com development fits in harmoniously with the other multi-
storied buildings along Pearl Avenue, and with the 2-3 story mixed commerciaUresidential
development to the east.
5�
MixedJCommercial Residential Structure @ Pearl Avenue and Jackson Street:
Qshkosh River Development is proposing to exnand the building footprint of the structure by �
extending the southern wing of the building approximately 60 feet and increasing the building
, footprint from 7,683 square feet to 11,678 square feet. Gross square foota.ge will go from 19,800 .
square feet to 29,764 square feet.
Expanding the size of the building footprint to the south will add 3-4 new storefronts and four
additional living units. The accessible first floor unit will now be moved to the second floor with
all units being accessible by elevator. �
The southernrnost retail unit will have the ability to incorporate a drive-thru and the site plan has
been adjusted to provide a drive-thru lane.
The revised site plan shows the Iarger building footprint as well as the revised floor plans for the
building. The revised building elevations are consistent with the previously approved elevations
for the building. The building is a modem tuban 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 and upper floor EFIS system with an altemating
red and tan/yellow color themes.
The previously approved site plan showed the area south of the mixed commerciaUiesidential '
building as aa area for future development with a projected building size of 3,000 to 4,000
square feet. The proposed commercial/residential building e�ansion provides more square
footage and a higher level of building development than if a 3,000-4,000 square foot stand alone
commercial building were constructed in this area, and with having 2-3 stories (a 3 story section
that includes residential loft space),the building will have a more prominent appearance in this
area of the Redevelopment District.
ANALYSIS . .
The projects under consideration do not represent a significant deviation from what has been
previously approved in this area. The Accu-Com structure is simply occupying a previously
planned building footprint with a permitted use in the C-3 district and as proposed there are no
zoning issues. Enlarging the size of the mixed-use structure actnally enhances that development
by increasing the building's street presence, and by adding more retaiUcommercial space and
residential units. As proposed there aze no zoni.ng issues with the mixed use structure.
The expanded mixed commerciaUresidential building does add a drive-thru capability to the
commercial space on the southern end of the building. At the Plan Commission meeting there
was some discussion regarding the location of the drive-thru egress lane relative to its proximity
to the Jackson Street driveway. It was indicated at the meeting that a condition on the previously
approved development plan stipulated that the Jackson Street driveway and its related access
would be reviewed after 3 years to determine if any modifications would be needed to alleviate
any potential traffic issues, and that review could include the relationship of the drive-thru lane
to the Jackson Street driveway. •
51
FISCAL IMPACT
The projects are situated in a central city redevelopment azea where existing municipal services
are currently available to meet the needs of the proposed developments. The projects will also
begin to add valuations and associated praperty tax increment in TID #21 that are needed to help
support payment of debt service within the district.
RECOMIYIENDATION
The Redevelopment Authority approved the site glan/elevations for the Accu-Com building and
the revision to the mixed commerciaUresidential building at its regular meeting of July 15`�, and
the Plan Commission approved of this request at its Ju1y 21, 2009 meeting. It is recommended �
that Zoning Ordinance approvals be given to the two projects as proposed.
Approved,
�..•-�-�Qu�., ,e� ,�,l�e�
, ,� .
City Manager
52
ITEM: DEVELOPMENT PLAN REVIEW APPROVAL FOR NEW BUILDING
PROJECT (ACCU-CO1Vn IN MARION ROADIPEARL AVENUE
REDEVELOPMENT AREA AND AMEND CONDITIUNAL USE PERMIT FOR
A MIXED COMMERCIAL RESIDENTIAL STRUCTURE (ADDING 5 NEW
UNITS}AND APPROVE BUILDING ELEVATIONS
Plan Commission meeting of July 21, 2�09
Council previously approved the site plan involving the pharmacy and mized-use building. The
actions requested here involve approval for the Accu-Com development and the larger mixed-use
batilding.
GENERAL INFORMATION
Petitioner: Oshkosh River Develapment
�wner: City of Oshkosh Redevelopment Authority
Action(s)Requested:
Oshkosh River Devel.opment has submitted site plans and elevations for Zoning Ordinance review and
approval for two nroiects to be developed in the Phase II Area of the Marion Road/Pearl Avenue
Redevelopment Area. One of the two projects is for a 7,300 square foot 1-2 story office building to be
constructed on the southeast corner of Pearl Avenue and Riverway Drive,which will be occupied by
Accu-Com. The second pro,yect involves expansion of the building footprint for the previously
approved mixed commercial-residential structure that is to be constructed on the southwest corner of
Pearl Avenue and Jackson Street. No adjustments or reviews are requested for the pharmacy site
development and it is shown to illustrate how the overall development is planned.
As stated above, Council previously approved a site development plan and CUP for the proposed
development with the following conditions:
1) Provide an enhanced level of landscaping and landscape azchitecture treatments for the pazking
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.
The above conditions remain in effect for the development.
Applicable Ordinance Provisions:
Criteria for Planned Development Overlay Districts are located in Sectian 30-33(E)(3)of the Zoning
Ordinance.
53
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
Sub'ect Site hase II Area
E.zis�rn' �arid Use 2i��ae'C�ian Area' '- "�; � � � - � _ _ � Zonin �-
Undeveloped C-3 PD
Ad'acent Land Use and Zonin hase II Area
Eacistrng �7ses - __ � = "� , �`' - Zorang __
1 '� � x
V. ' +�___ 4 S J.1 _ ''
North Institutional across Pearl Avenue C-3PD
South Pro e abuts alon river, other side are industrial lands M-2
East CommerciaUCi Center ro e across Jackson Street C-3
West Industrial M'2
CQm rehensiue Flan Land`Use Reeommendafion� j: '. - -' Land Use >
10 Yeaz Land Use Recommendation i Mixed Downtown Develo.pment__
20 Year Land Use Recommendation `^ ; Mixed Downtown Develo ment
Accu-Com Project:
Accu-Com will be moving from an older one story building that is situated in the commercial strip on
the north side of Oshkosh Avenue between Rainbow Drive and Fox Street in the azea of the Oshkosh
Avenue/Sawyer Street intersection. Accu-Com has essentially outgrown its current space of 5,000
square feet(see attached memo from Accu-Com). In making a move,Accu-Com atso needed the type
of underground telephone service that is available in the Pearl Avenue area.
The previously approved site plan for this general area had shown a building pad for a future office
building of approximately 5,000 squaze feet. At the time, it had been assumed that the building would
be a one story structure. The glan for Accu-Com includes a two story section situated along the Pearl
Avenue frontage,with a one story section to the reaz along Riverway Drive. Attached are the floor
plans and building elevations. The primary building material will be brick,utilizing an earth tone color
that blends well with the brick on the mixed commercial/residential structure to the immediate east,
and which is also harmonious with the brick color on the Morgan Crossing development to the west
across Riverway Drive. �
The two story section of the Accu-Com development fits in harmoniously with the other multi-storied
buildings along Pearl Avenue, and with the 2-3 story mixed commercial/residential development to the
east. �
Item: CUP/PD Marion Road RedeveZopment
5�
Zoning and Site Considerations:
Use
The use is a permitted use within the C-3 zoning district.
Setbacks and Building Orientation
The proposed site plan building footprint appears to meet a.11 district setback requirements as none are
required in the C-3 district for a commercial or retail development. The proposed building is to be
built 5 feet offthe Pearl Avenue ROW and 10 feet off the Riverway Drive ROW. The building cannot
be constructed to the ROW line due to the presence of�utility easements.
Parking and Access
Surface parking of twenty-nine spaces in the adjacent parking lot is being provided. As this
development is in the C-3 district no parking spaces are required. The site has good access from all
adjacent streets with Pearl Avenue and Riverway Drive appearing as the primary access points for
Accu-Com.
Elevations Building Materials
The building is segmented between a one story and two story sections with a flat roof. The exterior
elevations show good horizontal and vertical banding through incorporation of architectural elements
such as comices and differing materials (stone,EFIS, and metal fascia)to break up the fa�ades.
The primary building material will be brick,utilizing an earth tone color that blends well with the brick
on the mixed commerciaUresidential structure to the immediate east, and which is also harmonious
with the brick color on the Margan Crossing development to the west across Rivenvay Drive.
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.
Recommendation
Staff is recommending approval of the site and development plan with the following conditions:
1, Approval of landscape plan by the Department of Community Development.
2. Approval of final building elevations, materials, and colors by the Department of
Cammunity Development.
Mixed/Commercial Residential Structure @ Pearl Avenue and Jackson Street:
Oshkosh River Development is proposing to ex�and the buildin�footQrint of the structure by
extending the southern wing of the building approximately 60 feet and increasing the building footprint
from 7,683 square feet to 11,678 square feet. Grass square footage will go from 19,800 square feet to
29,764 square feet.
Item: CUP/PD Marioz2 Road Redevelopment
v�
Expanding the size of the building footprint to the south will add 3-4 new storefronts and five
additional living units. The accessible first floor unit will now be moved to the second floor with the
units being accessible by elevator.
The southernmost retail unit will have the ability to incorporate a drive-thru and the site plan has been
adjusted to provide a drive-thru lane.
The attached revised site plan shows the larger building footprint as well as the revised floor plans for
the building. The previously approved building elevations are attached which show the general
appearance and design of the structure. The building 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 and upper floor EFIS system with an
alternating red and tan/yellow color themes.
The previously approved site plan showed the area south of the mixed commerciaUresidential building
as an area for future development with a projected building size of 3,OOQ to 4,�00 square feet. The
proposed commerciaUresidential building expansion provides more square footage and a higher level
of building development than if a 3,000-4,000 square foot stand alone commercial building were
constructed in this area, and with having 2-3 stories (a 3 story section that includes residential loft
space),the building will have a more prominent appearance in this area of the Redevelopment District.
Zoning and Site Considerations:
Use
Mixed commercial residential structures are permitted in the C-3 zoning district by conditional use
permit and aze confined to the upper floors. Whereas the previous plan had included a ground floor
unit the revised plan includes no ground floor units.
Setbacks and Building Orientation
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 and more internal to the overall development.
The revised building does include drive-thru capability with the access coming through the pazking lot
area and exiting onto the central access drive from Jackson Street.
Setbacks are not an issue for either structure relative to the Zoning Ordinance.
Parking and Access
Parking provided on the site slightly 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.
Access to the development site is provided via four driveway approaches with one to each street
frontage for which an access control variance was previously approved_
Item: CUP/2D Marion Road Redeve2opment
5 c�
Elevations and�uilding Materials
The building elevations will be the same as previously approved. 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 Communiry Development prior to any permit issuance.
Recommendation
Staff is recommending approval of the Planned Development and Conditional Use Permit for the
development of the mixed use commercial residential stxucture with the following conditions:
1. Final landscape plans 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.
RECOMMENDATION/CONDITI ONS
The Department of Community Development recommends approval with the following conditions:
1. Final landscape plans 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.
The Plan Commission approved of the Planned Development and amended Conditional Use Permit as
requested with conditions noted. The following is the Plan Commission's discussion on this item.
Mr. Burich presented the item and reviewed the site plans,the proposed office structure on Pearl
Avenue and Riverway Drive,the extension of the mixed commercial-residential use on Peazl Avenue
and Jackson Street, as well as the elevations for the proposed structures. He stated that the mixed use
development would be continuing the previously approved design to the south and reviewed the floor
plans for both levels of this proposal. He also reviewed the original site plan involving the pharmacy
and mixed-use building which was previously approved by both the Plan Commission and the
Common Council. The action requested today involves only the approval for the Accu-Com
development and the larger mixed-use building. .
Item: CUP/PD Marion Road Redevelopment
57
Mr.Nollenberger stated that at the RDA meeting recently, one member felt that there was too much
parking area on the site to fulfill the urbanized appearance the city was seeking to achieve and
questioned if the developer would consider a two-level parking garage on the site.
Mr. Burich responded that the buildings were all planned to be constructed around the perimeter of the
site with the surface parking to be located in the internal area of the development; however this would
not preclude installing a two-level parking facility in the future if necessary.
Andy Dumke, 2030 Menominee Drive, stated that at this point a two-level parking garage was cost
prohibitive and that the parking stalls proposed meets code requirements for the development. If a
garage would be considered ta be constructed in the future would depend on what would be developed
on the other parcel in the redevelopment site.
Mr.Nollenberger questioned if the development would initiate higher value on the property if it would
drive a necessity to put up a parking structure.
Mr. Dumke responded that they had not constructed parking garages for any of their previous
developments,but if the market would dicta.te the need,it could be done. At this time, however, it did
not make economic sense to include that in the current plans.
Mr. Bowen inquired if Riverway Drive currently extends through to Marion Road.
Mr. Burich replied that it did not extend to that point currently.
Mr. Thoms questioned at what time the extension would be completed.
Mr. Burich responded that it would depend on when the ciTy would have control of the remaining land
in that area.
Ms. Propp asked if the upper floor of the mixed use development would be constructed of all EFIS,
Mr. Burich replied that it would be a combination of brick and EFIS.
Mr. Bowen inquired if the Accu-Com structure would be constructed of mainly brick.
Mr. Burich replied a�rmatively.
Ms. Propp asked if EFIS was a negative building material.
Mr. Dumke responded that the material does not hold up well over time and that cement board was
being considered instead of the EFIS or possibly addxtional brick. They would try not to use EFIS if
possible.
Mr. Gohde stated that the Department of Public Works has concerns with the drive thru on the mixed
use development as it would be located close to the right-of-way on Jackson Street and could cause
traffic to be blocked by customers attempting to turn left out of the site.
Mr. Burich commented that traffic issues created by the full access drive on Jackson Street had been
addressed with the approval of the previous development plan and CUP that included a condition to re-
review the driveway after three years to determine if modificati�ns were necessary to alleviate traffic
Item: CUP/PD Marion Road RedeveZopment
5g
safety issues.
Ms. Propp commented that although the nurnber of parking stalls may meet code requirements,the
amount of parking stalls seemed excessive for the development.
Mr. Dumke stated that the code requirements are there for a reason and the development could run into
problems with less parking stalls. As a fail safe when dealing with retail development use, it is better
to have additional stalls than not enough as many tenants require a specific number of stails before they
will be willing to enter into a lease.
Mr. Burich commented that the number of stalls was appropriate for a retail development of this size
where smaller retaiiers need sufficient pariting and that the real problem with the Zoning Ordinance
(prior to the Ordinance change)was the amount of parking required for larger and big box users that
created the large pazking areas.
Ms. Propp inquired if there was any room for a rain garden for stormwater detention on the site.
Mr. Dumke responded that they were still running calculations on the plans and that stormwater was
anticipated to be filtered through the parking lot landscape islands and additional islands may be added
if necessary. These plans are still being developed.
Mr. Burich added that vegetation and trees will be added to the site as well and landscape plans will
require approval of the Department of Community Development at permit issuance. Code
requirements will dictate the number of trees and shrubs along the perimeter of the site also.
Ms. Propp questioned if outdoor seating would be included for the restaurant use.
Mr. Dumke pointed out the area on the site glan designated for outdoor seating which was located on
the back side of the development. He cammented that the area could be increased with the elimination
of some parking stalls if necessary.
Mr. McHugh stated that he was very disappointed in a strip mall development on this site. He
commented that this was not the vision the city had for this area and after investing millions of dollars
in the redevelopment site,he felt the proposed development was absolutely wrong.
Mr. Thoms commented that he did not agree with this opinion and he did not see other developers
submitting proposals for the site and that it was a very difficult time with the current economy to
develop projects. He further stated that he felt this development had potential to be good and over time
the market would dictate what would happen with the apartment complex. He commended Oshkosh
River Development on their proposal and stated that it was necessary for the city to move forward with
some type of plans for the site.
Mr.Bowen agreed with NIr. Thoms and stated that categorically this development was not a strip mall
in his opinion and that a mixed use development was the type of use that had been previously
encouraged for this site. The design and parking were not set up as a strip mall and the proposed
development providing services,restaurant use, etc. meets the requirements of the original study done
on the redevelopment area.
Mr. McHugh stated that$33 million was supposed to be invested by 2012 to provide sufficient funding
to pay off the TIF for this area and the taxpayers were going to have to bear the burden if adequate
Item: CUP/PD Marion Road Redevelopment
5�
development was not completed. He had the understanding that this development was proposed to
attract tourists to Oshkosh and he did not see any of the proposed uses that would be unique or attract
people to the city.
Mr. Fojtik commented that he felt that some people were looking for one grand answer when it comes
to development for this site and sometimes things aze dealt with in smaller increments rather than one
huge concept. He stated that he felt that the proposed development for a portion of this area would
increase the general quality of life in Oshkosh.
Ms. Propp agreed and stated that she felt that since this was the backside of the redevelopment area,
she thought that it was an appropriate proposal for the site. She further commented that she was
hoping that the river&ont portion of the site would have something more up scale developed in that
area.
Motion by Nollenberger to approve the development plan for a new building in the Marion
RoacUPearl Avenue redevelopment area and amend the conditional use permit for a mixed
commercial residential structure and approve building elevations with the following
conditions:
4. Final landscape plans to be ap�roved by the Department of Community Development prior to
permit issuance.
S. Final approval of all site signage to be approved by the Department of Community
Development prror to permit issuance.
6. Approval of final building elevations, materials, and colors by the Department of Community
Development. '
Seconded by Bowen. Motion carried 6-1. Ayes-
Bowen/Thoms/Fojtik/Propp/Hinz/Nollenberger. Nays-1Llcl-�ugh.
Ztem: CUP/PD Marion Road Redeve2opment
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,
Accu-Com
a div. of The Genesys Group, lnc. 1218 Oshkosh AVe
P.O. 8ox 11 .
. � Oshkosh,WI 54903 �
Accu-Carn Information
Accu-Com has been in business for 36 years.
Accu-Com is owned by Matt&Tim Moore.
Accu-Com is currently located at 1218 Oshkosh Ave, Oshkosh WI. We have been operating from this
location since 1984. �
Accu-Com is in the electronic security industry. We sefl, install,and service burglar alarm systems,fire
alarm systems, video surveillance systems, and door access systems throughout the State of
Wsconsin for both commercial&residential customers.
Accti-Com operates the only privately owned Underwriter Laboratory (UL�Factory Mutttai (FM)
Cer4fied Alarm Monitoring.Station loc�ated in the State af Vlrisconsin. Our alartn monitoring division,
Priority One, monitors alarmNideo systems thraughout the United States. . - � ---
Accu-Com afso operate a 24 hour Telephone Answering Service.
Accu-Com currently has 20 employees. Our Answering Service and Alarm Monitoring�Center operate
24 hours per day. There is a minimum of 2 stafF working 24 hours per day 365 days per year. During
the hours of 8a-5p our employee count on site is approximately 11 staff. Between 5p-8a our employee
caunt is 2-3 staff. �
With#his new expansion we anticipate an employee growth of 2b-30%within the first year.
App(eton •729=1411 Neenah-Menasha .729-1411
Fond du Lac•68&141'1 Oshkosh •426-941!
Green 8ay .432-1411 PAX •920-236-4038
Nlanitowoc •682-1491 Toll–free •800-67&1411 —
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SUBMIT'f0:
'� City of�shkosh Applicatian Dept.of Cammunity Devetopme
� �, Planned Development Review Zts Church Ave.,P.o.Hox ��3c
Oshkosh,Wisconsin 549Q3-1 t3C
���H ❑ Conditional Use Permit Review pHONE:(920)236.sos9
4N 1HE WA7EA
**PL�ASE TYPE OR PRINT USiNG BLACK 1NK•*
APPLICANT INFURMATI4N
. ,
Petitioner.���,� �,�;�,,�� �.��P� '� '�I�^,�T. Date• �'�'�
- �—.�-�..�.: __. ._
Petitianer's Address: G� ��T •.—i, � ���_�,,� State�Zip:�����
� _ ��E ;�,V�.�jn�
�
Telephone#:�Zp)��� •�,��� Fax:�'�) �b� � �Other Contact#or Email:�� �`Y���,A+��,
Nf�T'
Status of Petitioner(Please Check): �O er�epresen t c enant � spective Buyer
PetiGoner's Signature(reqnired): Date:���
OWNER INFORMATI�N
Owner(s}: �T � Daie: �Z '��
- ...
Owntr(s)Address: ' ��__ ��, City:��,�7'��� State:� Zip: � � l�
Telephone#:(��)�,����;,� Fax; ( ) Other Contact#ar Email: ��
Ownership Status(Please Check): Cl Individual ❑Trust �Partnership C3 Carporation
Property Owner Cansenf: (required)
By signature herean,Ul.�a aclaiowledge that City officials andlar employees may,in the performance of their functions,enter upan the
property to inspect or gather other infarmation necessary to process ihis apglication. I alsa understand that al!meeting dates arc tentateve
and may be postponed by the Planniag Services Division for incomplete submissions or ather administrative reasons.
Property Owner's 5ignature: Date:
SITE INFORMATION
Address/Locn#ion of Proposed Project:����� ��� Parcel No. 2
Proposc@ Project Type; S3 t'
Current Use of PrapertY� �''� _ _ Zoning:- i..�`,�,.�"
Land Uses Surrounding Site; North: �C3M�`1F�,,,��tpC L„
South: GOM+*'y,��Lt
East: �C�M�''�'��l t..
West: ��?M�,,.,,+�`Gt�t,�.
*"Please note that a meeting notice wilf be mailed to aIl abutting properEy owners regardin�your request.
7 Appiicntion lees are due At time of submittuI. A�ake check pnyable to City of Ushkosh.
r Plcasc refer to titc fee schedute for appropriate fee. FEE IS NON-REFUNDABLE
For more information piease the City's websitc at wtvw.ci.oshkosh.wi.us;'CommunityiDevelapmentlPlanning.htm
Stuff � DateRec'd��� ` t�
72
�
BricAy expIain how the praposed conditionut use/development glan will not have a negative effect oa tLe issucs below.
_ _
1. Healch,safery,and general wetfare of occnpants of surrannding lands.
�'1tS t5 � �O*^d°A7s�t£ �SE� .
2. Pedesn-ian and vehicular circulatian and saftty.
'tt�tt� USE. t°S c�s���+t� t,-��t} �rS t.vf�2��t'c' V►`tart- � �v�
us- .
3. Noise,air,w�ter,or other forms of cnviranmental pol]ution.
`t�1'� usE c.�t� �t�T �}Afl �t N�.kt1VE E�1fio�tf�. 1�ACt�,
� Zt�1£. '�'t� •
4. The demand for and availability of public services and facilities.
'[HtS t35�'c i,atu.. Nt�{" Anl� �N"t f�'ztcr.�.. 'G���DS �aE.ya�ab wt�?
� Y Exts'�' c��a 'tHtS '�P�2'�,
5. Character and future development of the area
-r�}�s r.�v���P+E..��sr w��.. �� �t �'��-�v�' t�hcz av z�t�
.. GN A�J�'rt�-C� �' "�i+E, 'D�J�t.���rT o� -r�E. �S2.E.� .
SUBMITTAL REQLTTREMENTS—Must accompany the applicafion to be completc.
� A NARRATIVE of the proposed conditional use/Develogment Plan including:
❑ Existing and proposed use of the property
❑ Identification of all structures(including paving,signage,etc.)on the property and discussion of their relation to the project
4 Projected number of residents,employees,and/or daily customers
❑ Pmposed amount of dwelling units,floor area,landscage area,and parlcing area expressed in square feet aAd acreage to the
nearest one-hundredth of an acre
D Effects on adjoining properties to includc:noise,hours of operation,glare,odor,fumes,vibration,ete.
O Compatibility of the praposed vse with adjacent and other properties in the area.
O Tra�c generaiion{anticigated num6er o�customers,deliveries,employee shift changes,etc.j
❑ Any other pertinent information to properly understand the intended uselplan and its retation to nearby properties and the
community as a whole
➢ A complcte SITE PLAN and BUILDING ELEYATIONS must inclu@e:
❑ Two(2)full size(minimum 24"x 36")scaled and dimensioned grints of site ptan'and building elevations
�7 Two{2)8 %z"x 11 {ininimum)to 11"x 17"(maximum)rednction of the site pIan and buitding elevations
O One compact disc or diskette with digitat ptans and drawings of the project in AutoCAD 200d format with fants and plot styie
table file{ifplans have been prepared digitally)
❑ Title bIock that provides aII contact information for thc petitioner andJor owner and contact information of petitioner's
engineers/surveyors/architects,or other design professianals used in the preparation of the plans
❑ The date of the original pIan and revision dates,if applicable
❑ A north arrow and graphic scale.
❑ A!1 property lines and existing and proposed right-of-way lines with dimensions clearly labeled
❑ All required setback anc!offset lines
o All esisting and proposed buildings,structures,and paved areas,incIucting building entrances,walks,drives,signs,decks,patios,
fences,walls,etc.
C] Location of alI outdoor storage and refuse disposal areas and the d�sign and materials used for screening
o Location and dimension af all on-site pazking(and off-site parking provisians if they are to be employed),including s summary
af the number of parking stalls provided per the requirements of Section 30-36 City of Oshkosh Zoning Ordinance
D Location and dimension of aIl loading and service areas
D Location,height,design,illumination gower and orientation of all exterior lighting on tiie praperty including a photometrics plan
❑ Location of alJ exteriar mechanica!equipment and utilities and elevadons of praposed screening devices where applicable{i.e.
visible frora a public street or residential use or district). Mechanical equipment includes,but is not limited to;HVAC
eyui�ment,electrical transformers and baxes,exhaust flues,plumbing vents,gas regulators,generators,etc.
�3
Bank First National — Project Narrative
Proposed Site:
The proposed site is at the corner of Jackson Street and Pearl Avenue in the City of Oshkosh
and is in the Marion Redevelopment TIF District. Bank First National,thru their agent,
Gregorski Development, LLC, entered into an Option to Purchase the site on July 18, 2014.
The Option provided a purchase price of$1 and in cons ideration of the nom inal purchase price
Bank First National agreed to enter into a TIF Agreement with the City of Oshkosh which
provided that the value of the s ubject real estate would be im proved by at least Two M illion
Dollars ($2,000,000).
Project Size:
The proposed Bank First National building is anticipated to be approximately 8,000 sq.ft.with a
three lane drive-up canopy. The building is primarily a single story structure with a tall central
clearstory spine providing natural light to the building's interior. The design is consistent with
prototypical structures Bank First National has built in Sheboygan, WI and Two Rivers, WI. This
prototypical design is also being used for a new site in Appleton, WI.
49 parking spaces are provided for the employees and customers. The parking lot will be open
to the public after business hours for special events and other community activities.
Employees:
The current downtown Oshkosh branch which this facility will replace employees 10 people. It is
projected that the new facil ity will employ 12-13 staff upon opening. The long term plans are for
between 16-18 employees at the downtown Oshkosh site.
Project Timeline:
The goal is to start construction in 2015 with a com pletion by the fi rst quarter of 2016 or before.
Project Exterior Materials:
The exterior walls of the building w ill be a mixture of stone, glass and wood siding (see attached
photos). The roof will be constructed using light colored membrane to reduce heat island impact
on the building and site. The site will have(approx. 4' high) stone piers and wrought iron fencing
to set the project face on the north and portions of the east property limits. New exterior light
fixtures will limit the projects lighting to within the property boundaries and match the adjacent
developments in style. Parking lots will have full curb gutter, asphalt paving and concrete
sidewalks. Windows will be aluminum and have aluminum sun shades on a porti on of the
openings.
Project Interior Materials:
The interior of the structure will introduce elements of the exterior finishes and other
• complimentary materials.
��
Bank First National — Project Narrative
General:
The proposed development intends to maintain the finro existing bio-filters and work within the
limitations that the current utility easements create. The projects specific layout needs will
require disruption of the current contaminated soil cap and all necessary steps to restore the
cap will be followed.
'
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PD-BANK 1ST NAT'L PABST SQUARE LLC MORTON PROPERTIES
SW CORNER JACKSON/PEARL 601 OREGON ST B LLC/MORTON DRUG CO INC
PC: 12-16-14 OSHKOSH WI 54902-5965 PO BOX 778
NEENAH WI 54957-0778
ANNE B HILLENBRAND EDWARD A TIEDJE CITY OF OSHKOSH
300 N MAIN ST STE 300 141 W 23RD AVE
REDEVELOPMENT AUTHORITY
OSHKOSH WI 54901-4817 OSHKOSH WI 54902-7036
PO BOX 1130
OSHKOSH WI 54903-1130
ST PETERS CONG 90 RIVERWAY LLC MURKEN PROPERTIES LLC
435 HIGH AVE 90 RIVERWAY DR 1729 KNAPP ST
OSHKOSH WI 54901-4796 OSHKOSH WI 54901-3514 OSHKOSH WI 54902-6608
HOFFMAN PLANNING/DESIGN
ATTN BILL AUBREY
122 E COLLEGE AV
APPLETON WI 54912
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approximate relative location of property, boundaries and other feature ftom a variety of sources. Println�DBte: 12/2(2014 01HKO1H
These map(s)/datasets are provided for informa6on purposes only and may not be sufficient or
appropriate for legal, engineering, or suroeying purposes. They are provided "AS-IS" without Prepared by: City of Oshkosh,WI oNn,ewnr�
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