HomeMy WebLinkAbout07. 16-368JULY 26, 2016 16 -368 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT TO A PREVIOUSLY APPROVED
PLANNED DEVELOPMENT FOR CHANGE OF USE; 135
JACKSON STREET
INITIATED BY: 2016 ACQUISITION GROUP, LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, in May 2009 a Planned Development was approved for construction
of the now vacant Morton Pharmacy building and parking lot on the northwest corner of
Jackson Street and Marion Road; and
WHEREAS, the Planned Development was amended later that year to include a
14 foot tall 200 square foot monument sign with 40 square feet of electronic message
center; and
WHEREAS, in 2011 Morton Pharmacy was sold to Walgreens and the pharmacy
closed and has remained vacant and for sale for the past five years; and
WHEREAS, 2016 Acquisition Group, LLC is proposing to purchase the property
for use as a professional office/ medical clinic.
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that a planned development amendment to change the use of the property and
building from retail /pharmacy to professional office /medical clinic, per the attached, is
hereby approved.
AW
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: David Buck
Principal Planner
DATE: July 21, 2016
RE: Approve Amendment to a Previously Approved Planned Development for Change of
Use; 135 Jackson Street (Plan Commission Recommends Approval)
BACKGROUND
The 1.8 acre subject property is located in Phase II — Development Area 4 of the Marion Road
Redevelopment Plan. This small portion of the Marion Road Redevelopment Area is bounded by a
partially developed redevelopment site with a parking lot and professional office to the north;
undeveloped redevelopment site to the west; multiple family and undeveloped mixed use
redevelopment site on the south across Marion Road; and Jackson Street on the east. In May 2009, a
Planned Development was approved that included, as one of its components, the construction of the
now vacant Morton Pharmacy building and parking lot on the northwest corner of Jackson Street and
Marion Road. This PD was amended later that year to include a monument sign with electronic
message center. In late 2011, Morton Pharmacy was sold to Walgreens and the pharmacy closed and
the structure and property has remained vacant and for sale for the past five years.
ANALYSIS
The subject site was developed with a one -story 14,000 square foot pharmacy and retail building and
associated 76 stall parking lot which are permitted uses within the underlying C -3 zoning district.
Aurora Health Care is proposing to occupy the existing building and use the site as it was developed
and are only requesting a change of use to a professional office /medical clinic providing health care
services in downtown Oshkosh. The proposed use includes a variety of health care services with the
possibility of a pharmacy utilizing the drive -thru with hours of operation from 7 a.m. to 6 p.m.
Monday through Friday. The site's improvements will remain consistent with the approved Planned
Development with the only differentiation being the change in use, which is permitted within the
underlying C -3 zoning district. Parking is not required in the C -3 district however the need for
parking for the use would be 45 stalls and the site provides 76 stalls with access to the site remaining
as developed via four driveway approaches that are shared between four development areas.
FISCAL IMPACT
The proposed professional office and clinic use is appropriate for the structure and site and will
complement the existing uses in the area and the downtown. It will provide a necessary and
desirable service not currently available in the general vicinity and is anticipated to act as a catalyst
for the future development of vacant /underutilized parcels within the redevelopment area as well as
increasing the consumer desirability of adjacent and nearby developments strengthening the
attractiveness of the general downtown area.
RECOMMENDATION
The Plan Commission recommended approval of the amendment to a planned development at its
July 19, 2016 meeting.
Respectfully Submitted,
David Buck
Principal Planner
Approved,
Mark Rohloff
City Manager
The City of Oshkosh creates and maintains GIS maps and data for its awn use. They may shwr the
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appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without
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ITEM: DEVELOPMENT PLAN AMENDMENT REVIEW FOR THE CHANGE OF USE
AT 135 JACKSON STREET (FORMERLY MORTON PHARMACY)
Plan Commission meeting of July 19, 2016
GENERAL INFORMATION
Applicant: 2016 Acquisition Group, LLC
Owner: Morton Properties, LLC/Morton Drug Co. Inc.
Actions Requested:
The petitioner requests approval of an amendment to a previously issued Planned Development
for the change of use of the property and building from retail /pharmacy to professional
office /medical clinic.
Applicable Ordinance Provisions:
The Zoning Ordinance establishes criteria and guidelines for the establishment and /or amendment
of a Planned Development (PD) overlay district in Section 30 -33.
Property Location and Type:
The 1.8 acre subject property is located in Phase II - Development Area 4 of the Marion Road
Redevelopment Plan. This small portion of the Marion Road Redevelopment Area is bounded by a
partially developed redevelopment site with a parking lot and professional office to the north;
undeveloped redevelopment site to the west; multiple family and undeveloped mixed use
redevelopment site on the south across Marion Road; and Jackson Street on the east. In May 2009,
a Planned Development was approved (Resolution #09 -202) that included, as one of its
components, the construction of the now vacant Morton Pharmacy building and parking lot on the
northwest corner of Jackson Street and Marion Road. This PD was amended later that year to
include a 14 foot tall 200 square foot monument sign with 40 square feet of electronic message
center (Resolution #09 -423). In late 2011, Morton Pharmacy was sold to Walgreens and the
pharmacy closed and the structure and property has remained vacant and for sale for the past five
years.
Subject Site:
Existing Land Use
Zonin`
Vacant Commercial Retail
C -3 PD
ITEM. 135 Jackson —PD Amendment
Adjacent Land Use and Zoning
Existing Uses
Land Use
Zoning
North
Parking & Commercial Office
C -3 PD
South
Undeveloped Mixed Use (across Marion)
C -3 PD
East
Commercial Service & Office (across Jackson)
C -3
West
Undeveloped Commercial or Mixed Use
C -3 PD
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Mixed Downtown
20 Year Land Use Recommendation
Mixed Downtown
ANALYSIS
As stated in the background, the subject site was approved for and developed with a one -story
(w /two story entrance atrium) 14,000 square foot pharmacy and retail building and associated 76
stall parking lot. It was developed as a commercial structure that offered not only pharmacy
related goods and services but also convenience store related items such as foodstuffs, toiletries,
candy, etc. and included a single lane pharmacy drive -thru on the south elevation. Pharmacy and
retail uses are permitted uses within the underlying C -3 zoning district.
At this time, Aurora Health Care is proposing to occupy the existing building. They propose to
use the site as it was developed and are only requesting a change of use of the structure to a
professional office /medical clinic providing health care services in downtown Oshkosh. Their
application indicates that the proposed use includes up to four primary care providers, diagnostic
imaging, laboratory services, physical therapy services and the possibility of a pharmacy utilizing
the drive -thru. Hours of operation will be from 7 a.m. to 6 p.m. Monday through Friday.
Professional offices and medical clinics are permitted uses within the underlying C -3 zoning
district.
As the site and landscape design, building design and vehicular and pedestrian access are
remaining consistent with the approved Planned Development, the only significant differentiation
is the change in use. From a zoning standpoint, both uses are permitted within the underlying C -3
zoning district. Parking is not required for nonresidential uses in the C -3 district but as a point of
interest, the need for required parking would be the same for either the retail use or professional
office use at approximately 45 stalls (one space per 300 square feet) and the site currently provides
76 stalls.
Access to the site also remains as approved and developed via four driveway approaches that are
shared and coordinated between the four development areas within Phase II of the Marion Road
Redevelopment area including a driveway on Jackson Street at the subject properties north lot line;
ITEM: 135 Jackson PD Amendment
an access on Marion Road at the subject properties west lot line; access to Pearl Avenue via shared
drive aisles; and access to Riverway Drive via shared drive aisles. Essentially, users have
ingress /egress to the site from all adjacent streets.
Staff believes the proposed professional office and clinic use is appropriate for the structure and
site and will also complement the existing residential and future commercial /retail tenants in the
area as well as the downtown as a whole while providing a necessary and desirable service not
currently immediately available in the redevelopment district or general vicinity.
RECOMMENDATION /CONDITIONS
Staff believes the proposed Planned Development land -use amendment will meet the standards of
Section 30 -33: Planned Developments, and will not have a negative impact on the surrounding
lands or uses and therefore recommends approval of the Planned Development Amendment to
change the pharmacy /retail use to a medical clinic /professional office use, as requested.
The Plan Commission approved the planned development land -use amendment as requested. The
following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and explained that the amendment was for the change in use only
and reviewed the site and surrounding area as well as the land use and zoning classifications in
this area. He reviewed the site plan from 2009 for the pharmacy development and the overall
planned development site plan for the redevelopment area. He discussed the former use of the site
and that it has been vacant for the past five years and reviewed the site amenities such as parking
facilities and drive accesses to the site. He also discussed the proposed use of the property as a
medical office and the services offered and that a clinic was a permitted use in the underlying C -3
zoning district. He stated that the use was appropriate for the structure as well as beneficial to the
immediate vicinity and the downtown area in general by offering a necessary and desirable
service.
Mr. Hinz questioned if the current monument signage will remain the same.
Mr. Buck responded affirmatively.
Mr. Thoms inquired if the petitioner would have to come back to the Plan Commission for
approval of the existing signage.
Mr. Buck responded negatively and stated that no further approvals for the signage would be
necessary if just the face of the sign was changed as long as alterations to the size and location of
the existing sign are not proposed.
ITEM: 135 Jackson PD Amendment
John Newman, 1013 Washington Avenue, representing Aurora Medical Center, discussed the
proposed use at this site of a medical clinic and its benefits to the community. He further
discussed the adjacent property use which he felt would be compatible with this proposed use and
that health care services in the downtown area are a needed amenity.
Ms. Propp questioned if the establishment of a medical clinic at this location would have an impact
on the facilities at Doctors Court.
Mr. Newman responded negatively and discussed the patient's use of the current facility as well as
the proposed new facility and that the establishment of this additional location would not impact
the Doctors Court operations.
Motion by Nollenberger to approve a planned development amendment for the change of use at 135
Jackson Street.
Seconded by Cummings.
Mr. Thorns commented that he fully supported this request and discussed the apartment buildings
near this facility as well as the University campus area and commended Aurora Medical Center for
their planning ability as this location makes sense and will provide easy access for citizens in the
vicinity to health care services.
Mr. Nollenberger questioned what transpired with the hot dog vending development that was
approved previously in this vicinity.
Mr. Buck responded that the development was no longer moving forward.
Motion carried 7 -0.
ITEM: 135 Jackson PD Amendment 4
135 Jackson Street
Planned Development Approved 5/26/09
Subject Property
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APPLICANT INFORMATION
City of Oshkosh Application
❑ Planned Development Review
❑ Conditional Use Permit Review
* *PLEASE TYPE OR PRINT USING BLACK INK **
SUBMIT TO
Dept. of Commnnity Developmei
215 Church Ave., P.O, Box 1 130
Oshkosh, Wisconsin S4903-1130
PRONE: (920) 236 -5059
Petitioner: (0 V 0 t S:-� ".0 C_ Date: 7
Petitioner's Address: j� c,r`� City: 11 ;,aaah�i 7 _ State :W / Zip: '3``a
Telephone #: (4) 3 CT Fax: (rf){ . r! Other Contact #i or Email: ,?"' cc' / ,
Status of Petitioner (Please Check): D Owner D Representative. D Tenant Vr�prospective Buyer
Petitioner's Signature (required):
ONVNER INFOI&TATION
Owner(s): A0.r404
Date:
Date: F
O-%vner(s) Address <zd, P city: % � State: W Zip :�`
Telephone #: ( Fax: ( ) Other Contact # or Email: --a ,h- E_11616j 4 v-}
Ownership Status (Please Check): Individual O Trust O Partnership O Corporation
Property Owner Consent: (required)
By signature hereon, We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning ServiS,5Pivision fginconiplete submissions or other adniin strative reasons.
Property Owner's Signature:
SITE INFORMATION
Proposed Project Type:
Land Uses Surrounding Site: North: ?A4Y.�,, Ld`
N.
South: t
East: t
West: A— +L_..
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request,
➢ Application fees are due at time of submittal.. Make check payable to City of Oshkosh..
Please refer to the fee schedule for appropriate fee. FEE IS NON- REFUNDABLE
Dater,
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For more information please the City's website at iv�vtv.ci.oslikosh. Zvi. us/ Comniutlity _Development/Plaiuiing.htm
Staff Date Recd
5
Briefly explain luoNy the proposed conditional use / development plan will not have a negative effect on the issues below,
1. Health, safety, and general welfare of occupants of surrounding lands.
Zti"P(,Oke— . C
2. Pedestrian and vehicular circulation and safety,
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3, Noise, air, water, or other fornus of environmental pollution,
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4. The demand for and availability of public services and facilities,
S. Character and future development of the area.
SUBMITTAL REQUIREMENTS — Mast accompany the application to be complete.
A NAIMTIVE of the proposed conditional use/Developnrent Plan including;
❑ Existing and proposed use of the property
❑ Identification of all strictures (including paving, signage, etc.) on the property and discussion of their relation to the project
• Projected number of residents, employees, and/or daily customers
• Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the
nearest one - hundredth of an acre
❑ Effects on adjoining properties to include; noise, hours of operation, glare, odor,, fumes, vibration, etc.
• Compatibility of the proposed use with adjacent and other properties in the area.
• Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc,)
• Any other pertinent information to properly understand the intended use /plait and its relation to nearby properties and the .
community as a whole
3
➢ A complete SITE PLAX and BUILDLIN E,MVAITONS must inchide:
- -- ❑ -- - Two (2) full size (mininnun 24 ", x 36 ")- scaled .and dimensioned prints of site plan and - building elevations
❑ Two (2) 8'VV' x 11 (minimum) to I I" x 17" (maximum) reduction of the site plan and building elevations
• One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style
table file (if plans have been prepared digitally)
• Title block that provides all contact information for the petitioner and/or otwner and contact information of petitioner's
engineers /surveyors/architects, or other design professionals used in the preparation of the plans
• The date of the original plan and revision dates, if applicable
• A north arrow and graphic scale.
❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled
C3 All required setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios;
fences, walls, etc.
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening
❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary
of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance
• Location and dimension of all loading and service areas
• Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan
❑ Location of all exterior mechanical. equipment and utilities and elevations of proposed screening devices where applicable (i.e.
visible from a public street or residential use or district). Mechanicall equipment includes, but is not limited to; H -VAC
equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators; etc.
C zAurora Health Care (D
855 N. Westhaven Drive T (920) 456.6000
Oshkosh, WI 54904 F (920) 456 -7601
www.AuroraHealthCare.org
June 17, 2016 - J -\
To Whom It May Concern,
Aurora Health Care is excited about the prospect of becoming a provider of health care services
in downtown Oshkosh. An Aurora Health Center to be located at 135 Jackson Street will
provide the following services: up to four primary care providers, diagnostic imaging, laboratory
services, physical therapy services, and longer term, the possibility of a pharmacy with drive
through access. Hours of operation will initially be 7:00 a.m. to 6:00 p.m., Monday through
Friday.
We are committed to offering services that are close to home, and help make the whole
community healthier. This downtown location exemplifies this commitment.
Regards,
Jeff Bard
Executive Vice President — North Region
7
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PD AMENDMENT PABST SQUARE LLC PABST LLC
135 JACKSON ST MEDICAL CLINIC 601 OREGON ST B 601 OREGON ST
PC: 07 -19 -16 OSHKOSH WI 54902 -5965 OSHKOSH WI 54902 -5965
MORTON PROPERTIES LLC /MORTON
DRUG CO INC
PO BOX 778
NEENAH WI 54957 -0778
OSHKOSH CHAMBER OF COMMERCE
120 JACKSON ST
OSHKOSH WI 54901 -4714
ANNE B HILLENBRAND
300 N MAIN ST STE 300
OSHKOSH WI 54901 -4817
2016 ACQUISTION GROUP LLC
731 N JACKSON ST SUITE 700
MILWAUKEE WI 53202
EDWARD A TIEDIE
141 W 23RD AVE
OSHKOSH WI 54902 -7036
10
The City of Oshkosh creates and maintains GIS maps and data for its win use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(sydatasets are provided for information purposes "and may not be sufficient or
appropriate for lega), engineering, or surveying purposes. They are provided 'AS -IS' without
warrantles of any kind and the City of Oshkosh assumes no tiabitty for use or misuse,
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Printing Date: 7!512016
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 7/5/2016
These map(s) /datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without Prepared by: City of Oshkosh, WI
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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