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Home My WebLink About09-231.docJUNE 23, 2009 09 -231 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO PERMIT FUNERAL SERVICES IN ASSOCIATION WITH A HMONG COMMUNITY CENTER / 910 WEST MURDOCK AVENUE INITIATED BY: HMONG SERVICES INC., PETITIONER PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D) and Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to permit funeral visitation services in association with a community center use at 910 West Murdock Avenue, per the attached, is hereby approved. a OfHKOf ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson �fing qlu��nit Director evelo pment DATE: June 18, 2009 RE: Approve a Conditional Use Permit to Permit Funeral Services in Association with a Hmong Community Center at 910 W. Murdock Avenue (Plan Commission Recommends Approval) BACKGROUND /SUBJECT PROPERTY The 2.45 acre site is fully improved with green space, structures, and pavement and is currently unoccupied but has been used in the past, with a CUP, as an automobile /marine equipment sales and service facility, a tire service business, and most recently was approved for an automobile towing and sales use which is no longer being considered. The property has frontage on W. Murdock Avenue, - Stillwell Avenue and Beech Street and is developed with three access drives and a 21,000 square foot structure with parking lot and landscaping. ANALYSIS Hmong Services, Inc. is considering the site for office, retail sales and a community center which are all permitted in this C -2 zoning district, however, the petitioner only needs the conditional use permit to include the funeral service element of the community center use. Primary day -to -day operations are proposed to consist of office and retail uses with the community center use for funeral services to take place possibly 2 -3 times a month. The funeral services are visitation only and will not involve any preparation of the body which will be performed at a local funeral home. Building modifications will involve interior renovations only and minor maintenance to the parking area. Access to the property will remain as is and traffic issues relating to the proposed use should not negatively impact the surrounding area. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its June 16, 2009 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT REQUEST TO 910 WEST MURDOCK AVENUE Plan Commission meeting of June 16, 2009 GENERAL INFORMATION Applicant: Hmong Services, Inc. Property Owner: 910 Murdock, LLC Action(s) Requested: The applicant is requesting a conditional use permit to permit funeral services in association with their community center use. Applicable Ordinance Provisions: Funeral home /service uses are permitted only through a conditional use permit in the C -2 General Commercial District as regulated in Section 30 -25 (A) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30 -11 (D) of the Zoning Ordinance. Property Location and Background Information: The 2.45 -acre site is fully improved with green space totaling 28% of the lot area, structures occupying 20% and pavement occupying 52 %. The property is currently unoccupied but has been used in the past, with a CUP, as an automobile and marine equipment sales and service facility (Res. #01 -31B & Res. #03 -462). More recent use was a tire service business for large military trucks (Res. #06 -528). A CUP establishing an automobile towing and sales use at the site was approved in February, 2009 (Res. 909 -54) but is no longer being considered. The property has frontage on West Murdock Avenue, Stillwell Avenue and Beech Street. It has two access drives on Beech Street and one access drive on Stillwell Avenue. The site is developed with a 21,000 sq. ft. structure as well as a large hard surfaced parking lot. The orientation of the building is to West Murdock Avenue but loading areas /overhead doors exist on the Beech Street facade, Stillwell Avenue facade and on the east side of the building. The parcel's paved area is up to the property lines on the west (Beech Street) and the north (Stillwell) but has substantial landscaping within the south setback along West Murdock Avenue and smaller landscape setback along the east property line. Subiect Site �� Vacant C -2 Adiacent Land Use and Zoning ANALYSIS Hmong Services, Inc. is considering the re -use of the building and property at 910 West Murdock Avenue for office, retail sales establishment and community center, as depicted on the submitted site plan. The office (approximately 4,400 square feet), retail sales (approximately 3,300 square feet) and community center uses (approximately 13,600 square feet) are permitted within the C -2 Zoning District and the petitioners only need a conditional use permit to include the funeral service element of the community center use. Primary day -to -day operations of the facility are proposed to consist of office and retail uses with community center uses less frequent. As part of the community center use, funeral services are estimated to take place possibly 2 -3 times a month. The petitioner indicates that the funeral services are visitation only and that more formal funeral` home operations such as preparation of the body for presentation will be conducted at a local funeral home and that the body would be brought to this location for service and then transported from this location to the cemetery. It is stated within the application that all areas of the building interior are to be modified to comply with building code and that the exterior of the building would remain as it exists. The property is proposed to receive minor maintenance such as asphalt patch work and will be restriped to provide additional, more organized parking but otherwise remain unchanged. Access to the property will remain as it is currently off Beech Street with circulation on the lot dominantly on the south side of the building; however the access drive on Stillwell Avenue is to remain in use. As the uses have changed from used automobile sales and automobile repair, issues of required parking will need to be addressed at the time of site plan review and building permit issuance but the petitioner has indicated and staff concurs that traffic issues associated with the proposed funeral home use shall not have a negative impact on the surrounding street network as traffic volumes should remain quite low except on those occasions that a large gathering will take place, which is anticipated to be infrequent. Staff is pleased to see interest in the reuse of the site and building and believes that the proposed office, retail sales and community center uses are appropriate in the C -2 District and fitting at this location, being located on a principal arterial street. Staff is not concerned with the proposed use of funeral services on the site as it will not have a negative affect upon health, safety and general welfare; appears to be harmonious with the existing and intended character of the general vicinity; will not be disturbing to existing or future neighboring uses; will not be detrimental to property in Item — CUP /Funeral Services- 910 W Murdock xA�l 3 Y North Multiple Family Residential (across Stillwell) R -3 South Single Family Residential across W. Murdock) R -2 East Commercial - Retail I C -2 West Outdoor Storage (across Beech ) I M -2 ANALYSIS Hmong Services, Inc. is considering the re -use of the building and property at 910 West Murdock Avenue for office, retail sales establishment and community center, as depicted on the submitted site plan. The office (approximately 4,400 square feet), retail sales (approximately 3,300 square feet) and community center uses (approximately 13,600 square feet) are permitted within the C -2 Zoning District and the petitioners only need a conditional use permit to include the funeral service element of the community center use. Primary day -to -day operations of the facility are proposed to consist of office and retail uses with community center uses less frequent. As part of the community center use, funeral services are estimated to take place possibly 2 -3 times a month. The petitioner indicates that the funeral services are visitation only and that more formal funeral` home operations such as preparation of the body for presentation will be conducted at a local funeral home and that the body would be brought to this location for service and then transported from this location to the cemetery. It is stated within the application that all areas of the building interior are to be modified to comply with building code and that the exterior of the building would remain as it exists. The property is proposed to receive minor maintenance such as asphalt patch work and will be restriped to provide additional, more organized parking but otherwise remain unchanged. Access to the property will remain as it is currently off Beech Street with circulation on the lot dominantly on the south side of the building; however the access drive on Stillwell Avenue is to remain in use. As the uses have changed from used automobile sales and automobile repair, issues of required parking will need to be addressed at the time of site plan review and building permit issuance but the petitioner has indicated and staff concurs that traffic issues associated with the proposed funeral home use shall not have a negative impact on the surrounding street network as traffic volumes should remain quite low except on those occasions that a large gathering will take place, which is anticipated to be infrequent. Staff is pleased to see interest in the reuse of the site and building and believes that the proposed office, retail sales and community center uses are appropriate in the C -2 District and fitting at this location, being located on a principal arterial street. Staff is not concerned with the proposed use of funeral services on the site as it will not have a negative affect upon health, safety and general welfare; appears to be harmonious with the existing and intended character of the general vicinity; will not be disturbing to existing or future neighboring uses; will not be detrimental to property in Item — CUP /Funeral Services- 910 W Murdock the immediate vicinity or community as a whole; and will not create an interference with traffic on surrounding streets. RECOMMENDATION /CONDITIONS The Department of Community Development recommends a finding that the proposed conditional use permit request is consistent with Section 30 -11(D) of the Zoning Ordinance and be approved. The Plan Commission approved of the conditional use permit as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the subject site and surrounding area and also reviewed the petitioner's site plan for the proposed community center. He commented that the conditional use permit is only necessary to include the funeral service element of the community center use as all other aspects of the proposed use would be permitted within the C -2 Zoning District. He further commented that the funeral service use was for visitation purposes only and that more formal funeral home operations such as preparation of the body would be conducted at a local funeral home and the body would be transported to and from this location for services only. Mr. Thoms questioned if the on -site parking would be adequate for the use. Mr. Buck responded that the parking demands are driven by the use and that the area would be analyzed at permit issuance; however the parking would be adequate for the proposed uses other than the funeral services use which was the only function yet to be determined as far as parking demands. Chiaxah Vang, 1160 Freedom Avenue, representing Hmong Services, Inc., stated that their association has been here for over 20 years and have yet to purchase an office for their community center. He further stated that this property is the most suitable one they have found as far as location and serving their needs. Motion by Nollenberger to approve the conditional use permit to permit funeral services in association with a community center use at 910 West Murdock Avenue. Seconded by Borsuk Motion carried 9 -0. Item — CUP /Funeral services- 910 WMurdock City of Oshkosh Ap SUBMIT T lip Dept. of Co Developme ❑ Planned Development Review 215 Church Ave., P.O. Box 113C h Oshkosh, Wisconsin 54903 -113C OfI KDj'H Conditional Use Permit Review PHONE: (920) 236-5059 ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION -Petitioner IAIAad% � Sg1WIC r5 1 f -, Date: 6'- Z1 -5�j Petitioner's Address: 41>4 fi • M I6 Sn City: osj4144 State: W I Zip: I 'Telephone #: (iyo) Fax: ( Status of Petitioner (Please Check): 0 O" Petitioner's Signature (required): OWNER INFORMATION Other Contact # or Email: ❑ Tenant D Prospective Buyer Date: �Z Z -Q� Owner(s): ql O O'VlV&d - LL-C, Date: S -Z! -O4' Owner(s) Address: 1 O tj . !'XUA46G*- City. 6*41 State: 011 Zip: 54TD( Telephone #: qw) t30 - 4 7, 0 4 0 Fax: ( ) Other Contact # or Email: _ Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ACorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: -AA Date: •S` SITE INFORMATION Address/Location of Proposed Project: Ct 10 Li • Vm! Wi.Dcic.K. AV's Parcel No. Proposed Proj ect Type: KC- 0%0 Sul% -4rN� FW- Z n 0G-AJ W-, FuAft - $Oe°%c.P5, Q` L Current Use of Property: VACw -*J - 4VMA40SILV SALZS /Vie. Zoning: G -Z Land Uses Surrounding Site: North: Re* AL. South: F0-9j D6;7AIT?64 East: C- JMAiERGr44t- West: 1466 7- a4L -- VA44wl * *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 For more information please the City's website at www.ci.oshkosh,wi.us/CommunitK_Pevelopment(Pl-mning.htm Staff Date Recd SS 4 INFORMATION FOR PROPOSED CONDITIONAL USE PERMIT May 21, 2009 City of Oshkosh Department of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54903 -1130 This information is for the proposed re -use of the existing building at 910 W. Murdock Ave. as a community center, funeral service hall and retail store. The following information is intended to accompany the application to the City of Oshkosh for the purpose of reviewing and approving a conditional use permit for this property. Hmong Services Inc. is requesting a conditional use permit to re -use the existing vacant building located at 910 W. Murdock Ave. for the services that they provide to the community. This facility would be used as a location for providing funeral visitation services, community gatherings and a retail sales area. The funeral services would be for visitation services only. All services to prepare the body for the visitation would be done at a local funeral home and the brought to this site for the visitation services: - - - This property was previously used for automobile sales / repair operations and is currently vacant. The proposed use of this property would fall within the C -2 zoning of this property with a conditional use permit and is not believed to cause any adverse conditions for the surrounding properties. The site currently contains green space as well as landscaping buffers at the southe side of the building as well as along the south and east property lines. Site data is as follows: Total Site Area: Primary Building: Secondary Building: Green Space: Existing Paving: 107,100 SF (2.46 acres) 21,300 SF 400 SF 30,300 SF 55,000 SF The primary building is divided into areas as follows: 9,900 SF - to be used as a gathering (meeting), funeral visitation area. 3,700 SF — to be used as a kitchen J serving area. 3,300 SF — to be used as a retail sales area. 4,400 SF — to be used for offices, storage, toilets, etc. All areas of the building interior would be modified.as necessary to comply with the current building code to accommodate this proposed new use. The exterior of the building will remain virtually unchanged. The existing paved parking areas will remain 5 as they exist today except for minor patching as necessary and new striping as shown on the attached plan. The secondary building (shed) may remain for storage of maintenance equipment or may be removed to provide additional parking spaces. The primary day to day operation of this facility will consist of the use of office and retail areas. The funeral services will be occasional uses (possibly 2 — 3 times per month) and the larger community gatherings will only occur a few times per year. Because of the limited size of the retail area, it is not expected that there will be a high traffic volume associated with most of the daily activities. Because of the building and paving locations existing on the site, the majority of traffic / parking activities will take place along the south and east sides of the property. Traffic to the north and west should be limited in nature. No adverse effects on the surrounding properties due to glare, odor, fumes or vibration are anticipated especially since this building was previously used for automobile sales / repair operations. Previous operations at this facility have had semi truck traffic in the past. This proposed use will have only car and light delivery truck traffic. There will be no physical additions to this building or to the existing paved areas. All paving being shown / used for parking is existing paved area and no reconstruction is required. It is believed that the proposed use of this facility is compatible with all of the adjacent properties. This facility is being re -used to provide a service to the community and will utilize a now vacant building which helps to preserve the integrity of the surrounding neighborhood. 3 FAX, �PA�r d. -oA�O o f � Uc Ag& ocGVpt r a Z. Sf' s RJR ucQ.i -l? q"i ' %3 ►� 'i ' 174 5 PAc.C-s PP-ov S A''p -- AL L. (-CKA i Fb toa i5xrs P4 P9* ASPWAt r AgEA5, a l ca A ry r _ - --L-- - i. 17 5 tA-W l l ti E)cts -nar., SEc.� Ooeo) 3Z VACV7 �-ml 7 CUP - HMONG COMMUNITY CENTER 910 W MURDOCK AV PC: 06 -16 -09 AUTOZONE INC PO BOX 2198 MEMPHIS TN 38101 2198 RE 800 W MURDOCK AV DELZER DAWN M 1720 LIBERTY ST OSHKOSH WI 54901, HARPER CAROL L 1717 BEECH ST OSHKOSH WI 54901 GARBE GARY R 1841 BEECH ST OSHKOSH WI 54901 2228 RE 1841 & 1844 BEECH ST 910 MURDOCK LLC 3483 JACKSON ST OSHKOSH WI 54901 RE 910 W MURDOCK AV REHM CHRIS /HORTON KELLY 905 W MURDOCK AVE OSHKOSH WI 54901 2224 RE 905 W MURDOCK /VAC LOT BEECH ST AMERICAN ENTERPRISES LLC PO BOX 1151 OSHKOSH WI 54903 1151 RE 702 STILLWELL AV MERCURY MARINE PO BOX 1939 FOND DU LAC WI 54936 1939 RE VACANT LOT W MURDOCK AV HMONG SERVICES INC 404 N MAIN ST OSHKOSH WI 54901 f I pim E I 7 x �I m WL m 3 n 790 I M - 708 . 700 8 DISCLAIMER H M O N G CO M M U ITY CENTER O This map Is neither a legally recorded map nor N �T a survey and it is not intended to be used as one. 91 0 W M U R D O C K AV N This drawing Is a compilation of records, data Of HKOJ H and information located in various city, county ON THE WATER and state offices and other sources affecting the area shown and it Is to be used for reference City Of Oshkosh purposes only. The City of Oshkosh is not re- Department of sponsible for any Inaccuracies herein contained. Scale. 1 — 200 If discrepencies are found please contact the Community Development City of Oshkosh. Created by - dff 06/05/09 800 9 .'w� * i .� � im i ,..A. - � O t1w i EL i '!� i-•�� X11 ■ Iii i� � M J "f, I In 1 V M M �o 1U Bu"m Li moll m mil! 1944 0A 'if A' IT NI l I� a •�:.'�. ?.:(IPn