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HomeMy WebLinkAbout10-352NOVEMBER 9, 2010 10 -352 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A PLACE OF WORSHIP AND COMMUNITY CENTER / 300 NORTH EAGLE STREET INITIATED BY: AHMADIYYA MOVEMENT IN ISLAM, INC, PETITIONER PLAN COMMISSION RECOMMENDATION: Found consistent with Standards set forth in Section 30 -11(D) of the Zoning Ordinance and approved w /conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved under Section 30 -11 of the Oshkosh Zoning Ordinance for establishment of a place of worship and a community center at 300 North Eagle Street, with the following conditions: 1) Routine parking lot maintenance activities be permitted (i.e. crack filling, pothole filling, etc.) with the exception of an overall asphalt overlay of the surface. 2) Hours of operation for the community center use are limited to between 8:00 am and 10:00 pm. 3) Fence or other year -round solid screening element be placed on the north and east lot lines. OIHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: November 4, 2010 RE: Approve Conditional Use Permit for a Place of Worship and Community Center at 300 North Eagle Street (Plan Commission Recommends Approval) BACKGROUND The .76 acre (33,000 square foot) site is fully improved with green space totaling 32% of the lot area, building occupying 16% and pavement occupying 52 %. The property is currently used as a funeral home. The property has frontage on Southland Avenue and North Eagle Street with two full access drives, one on each street. The orientation of the building, with pedestrian walks, is to North Eagle Street with a structure and a large hard surfaced parking lot. Single- family residential uses dominate the neighborhood but institutional uses such as Oshkosh West High School, Immanuel Lutheran Church and Bethel Home Nursing Home are also present in the immediate vicinity. ANALYSIS Ahmadiyya Movement in Islam - Oshkosh Chapter intends to purchase and re -use the Seefeld Funeral Home building and property for the establishment of a place of worship with a secondary use as a community center. The primary place of worship use is intended to be used to offer building availability for five daily prayer sessions that are anticipated to have an attendance of 10 -15 members and last one -half hour. Other accessory uses such as educational sessions, faith dialogues, and the like are included with the place of worship /church use. Current congregation membership is 45 individuals and they do not expect to occupy the building after 10 pm. Additional prayer services with slightly larger estimated attendances and longer duration will also be held on Friday afternoons and other special services. The secondary use of the community center is intended to provide space for a variety of programs that are sponsored by the Ahmadiyya Movement in Islam or other area churches and non - profit organizations or individuals providing the use would not cause disruption in the neighborhood. The site will not be modified from its present configuration other than the replacement of the existing ground sign and possibly some modifications to the interior of the structure. The existing parking lot has a suitable number of stalls for the proposed use and at some point in the future, the lot will need to be reconstructed at which time it will have to meet current code standards for setbacks, landscaping, lighting and drainage. No asphalt overlay would be allowed to extend the life of the surface in its nonconforming condition. The petitioners held a neighborhood meeting /public hearing with neighboring property owners prior to their application and staff has been contacted by individuals both in support and opposition to the proposed use. The petitioner has also offered to remove the community center portion of their CUP request if it was felt that the community center would have a negative impact on the neighborhood. Staff believes the proposal is an appropriate land use for the property and the multiple department review did not result in any concerns for traffic generation issues. Staff is recommending that the hours of operation for any community center activities be no later than 10:00 pm and that a fence or other year -round solid screening element be placed on the north and east lot lines to eliminate impacts on adjacent properties of vehicle lights and noise. FISCAL IMPACT None anticipated other than the property moving to a tax exempt status and the loss of approximately $310,000 of assessable value from the local property tax rolls. RECOMMENDATION The Plan Commission approved of this request at its November 2, 2010 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT REQUEST TO PERMIT A PLACE OF WORSHIP USE AND COMMUNITY CENTER USE AT 300 NORTH EAGLE STREET Plan Commission meeting of November 2, 2010 GENERAL INFORMATION Applicant: Ahmadiyya Movement in Islam, Inc. Property Owner: Six Feet Under, LLC Action(s) Requested: The applicant is requesting a conditional use permit to establish a place of worship use and a community center use within a residentially zoned area. Applicable Ordinance Provisions: Church uses and community center uses are permitted only through conditional use permit in the R -1 Single Family Residence District as regulated in Section 30 -17 (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 .76 acre (33,000 square foot) site is fully improved with green space totaling 32% of the lot area, building occupying 16% and pavement occupying 52 %. The property is currently unoccupied but has been used as a funeral home. The property has frontage on Southland Avenue and North Eagle Street. It has two full automobile access drives; one on North Eagle Street and one on Southland Avenue. The orientation of the building, with pedestrian walks, is to North Eagle Street. The site is developed with a 5,400 sq. ft. structure as well as a large hard surfaced parking lot. The parcel's paved area is up to the property line on the north and approximately five foot setback on the east property line. Single - family residential uses dominate the neighborhood but institutional uses such as Oshkosh West High School, Immanuel Lutheran Church and Bethel Home Nursing Home are also present in the immediate vicinity. Subject Site Existing Land Use Zoning Va cant F Ho R -1 A djacent Land Use and Zoni Existin Uses Zonin North Single Fa mily Residential an Institutional R -1 South Single Family R esidentia l (across Southland A ve) R -1 East Si ngle Fami Residential R -1 West In stitutional (across N Eagle St) R -1 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS Ahmadiyya Movement in Islam — Oshkosh Chapter intends to purchase and re -use the former Seefeld Funeral Home building and property at 300 North Eagle Street (northeast corner of North Eagle and Southland) for the establishment of a place of worship with a secondary use as a community center. The place of worship /church use and the community center use require conditional use permit within the R -1 Zoning District. The primary place of worship use is intended to be used to offer building availability for five daily prayer sessions that are anticipated to have an attendance of 10 -15 members (8 -12 cars) and last approximately one half hour. Other accessory uses to a place of worship such as educational sessions, faith dialogues and the like are included with the place of worship /church use. The petitioner has indicated in the application that the current congregation membership is 45 individuals within 13 household units and that they do not expect to occupy the building after 10 p.m. The timing of the five daily prayer sessions is: 1) Early morning (generally between 3:30 — 6:00 a.m.), 2) Noon (around 1:00 p.m.), 3) Afternoon (generally between 4:00 - 6:00 pm — sometimes combined with afternoon prayer), 4) Evening (sunset — sometimes combined with night prayer), and 5) Night (after sundown — sometimes combined with evening prayer). Additional prayer services include larger Friday afternoon prayers (typically around 1:30 p.m. for 45 minutes) with a slightly larger estimated attendance of 20 -30 people (10 -15 cars) and two special Eid prayers and receptions offered every Lunar year with estimated attendance of 40 -50 people (15 -20 cars) lasting approximately 3 -4 hours. The secondary use of the community center is intended to provide space for a variety of programs (civic, educational, cultural, interfaith and social gathering, fundraising, etc.) that are sponsored by the Ahmadiyya Movement in Islam. Ahmadiyya Movement in Islam — Oshkosh has enjoyed accommodations by other area churches for events in the past and wishes to reciprocate back as well as to other non - profit organizations or individuals needing meeting place but they would use common sense to be sure events do not cause disruption in the neighborhood. The petitioner has indicated to staff that the site will not be modified from its present configuration and will only have a replacement of the face of the existing ground sign. The building interior may be modified to be functional for the proposed uses and will need to comply with building code. The exterior of the building would remain as is. The existing 35 stall asphalt parking area would be used as is and has access to the lot from existing driveways on North Eagle Street and Southland Avenue. The parking lot has a suitable number of stalls in that 19 stalls (based on 1 stall per 400 square feet) are required for the proposed Place of Worship /Community Center Use. The parking lot appears to have been developed before the current Zoning Ordinance's provision such as setbacks, landscaping, and drainage were adopted and is therefore nonconforming with little or no setback along the north or east property lines and no internal landscaping. At some Item - 300NEag1e CUP ChurehCommCenter point in the future the lot will need to be resurfaced or reconstructed and at that time will have to meet code standards requiring increased setback, landscaping (internal and external), lighting, and approval of a drainage plan. Staff also recommends not permitting any type of asphalt overlay of the existing lot to extend the life of the surface that would in turn extend the nonconforming condition. Staff does not intend this condition to prohibit general maintenance activities such as crack filling and pot hole patching from occurring to keep the lot in a usable condition. The petitioners held a neighborhood meeting /public hearing to introduce their proposed uses and answer any questions on Thursday, October 14, 2010. The meeting was well attended and questions centered on the hours of operation, the community center uses and the anticipated traffic generation. Staff has been contacted by several individuals in support of the conditional uses and has also received a petition from surrounding property owners in opposition (see attached documents). Following the neighborhood meeting the petitioner has indicated that, though they would like the ability to open their doors to other community organizations and individuals to utilize the site for community center type uses, they are willing to remove the community center portion of their CUP request and only request the CUP for the Place of Worship as described if it was felt that the community center use would have a negative impact on the neighborhood. Staff believes the establishment of a place of worship and the use of a community center on the subject property is an appropriate land use for the reuse of the property and building as it they are customary uses within a residential neighborhood. Additionally, the proximity of other institutional /quasi- institutional uses such as Oshkosh West High School and Immanuel Lutheran Church show that such uses can be compatible in this predominately single- family neighborhood. Multiple department review of the CUP including review by the Oshkosh Police, Public Works and Transportation Departments believe that the establishment of the proposed uses at the site will not generate any special traffic generation issues. In an attempt to reduce the potential for negative impacts of the uses on the surrounding properties, staff suggests that the hours of operation for any community center activities be no later than 10:00 p.m. and that a fence or other year -round solid screening element be placed on the north and east lot lines to eliminate impacts of automobile lights shining and noise that is sometimes associated with parking lots from the adjacent properties. RECOMMENDATION /CONDITIONS Staff recommends a finding that the proposed conditional use permit request is consistent with Section 30 -11(D) of the Zoning Ordinance and be approved with the following conditions: 1. Routine parking lot maintenance activities be permitted (i.e. crack filling, pothole filling, etc.) with the exception of an overall asphalt overlay of the surface. 2. Hours of operation for the community center use are limited to between 8 am and 10 pm. 3. Fence or other year -round solid screening element is placed on the north and east lot lines. The Plan Commission approved of the conditional use permit as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the existing land uses and zoning classifications in said area. He reviewed the existing developed site and discussed the history of the site which was established as a funeral home in 1969. He also discussed the proposed use of the site as a place of worship, the number of members, and the Item - 300NEagle CUP ChurchCommCenter various services to be held. He also discussed the proposed community center use and stated that the petitioner had no plans for modifications to the site except for changing the face of the existing signage on the site. He explained that the parking lot is adequate for the proposed use and discussed the nonconforming issues with the lot and that these would have to be addressed at such a time when the lot would require to be reconstructed. He commented that conditions recommended for the request addressed that no asphalt overlay of the parking lot would be allowed to extend the life of the surface. The petitioner held a neighborhood meeting prior to submitting their application to discuss their proposal with neighboring property owners and staff has since received letters of support from several parties and a petition opposed to the use. The petitioner stated that they would be willing to withdraw the community center issue from the site if neighbors were objecting to this use. He further stated that staff believes the use is appropriate land use for the site and would be compatible with the residential neighborhood. Hours of operation would be limited to no later than 10 pm for the community center use and solid screening on the north and east property lines to mitigate noise and vehicle light issues were being recommended. He also reviewed the conditions being recommended for this request. Mr. Thoms questioned if there were any other churches or institutions that have attached community centers in the city and if so, were there hours of operation also restricted. Mr. Buck responded that there were several other entities in the city of this nature and depending on their location, some may have restricted hours of operation. The standard restricted time frame is 10 pm for most uses that may be disturbing in residential areas. Mr. Thorns also questioned if Oshkosh West High School holds evening events at the school. Mr. Buck responded affirmatively. Ms. Lohry inquired if there was a curfew in Oshkosh. Mr. Buck replied that there was not a curfew that he was aware of however restricted hours of operation were to address noise level issues. Mr. Palmeri requested a summarization of the U.S. Department of Justice Civil Rights Division document on Federal Religious Land Use Protections that was emailed to Commission members today. Mr. Buck gave a brief review of the land use document which in essence states that churches or other places of worship cannot be treated differently than other organizations in regard to land use decisions. It is essentially a freedom of religion issue. Mr. Burich added that it prevents zoning authorities from imposing substantial burdens on the ability of congregations to exercise their faiths. Mr. Palmeri reviewed the sample in the document relating to a variance request that was denied. Mr. Thorns stated that it prevents the discrimination of one religious sect compared to another and that government cannot hinder the way they worship. Item - 300NEagle CUP ChurchCommCenter Katra Patel /Reynolds, who declined to give her address for personal reasons, stated that she sent a letter of support for this request and that she felt that traffic, parking, and noise was not the issue with residents opposing the use of the site as a mosque. She commented that the church and school in the vicinity generate more traffic than the mosque and she cannot see how the denial of this request could be allowed. She discussed her support for the conditional use permit and stated that there have been no complaints relating to the mosque to date and residents should welcome it to the neighborhood. Brian Hamill, 1 Pearl Avenue, attorney representing Jane Katsune and Dan Ware, adjacent property owners to the site, stated that the proposed land use was the issue. He acknowledged that restrictions were recommended for the hours of operation for the community center however he felt that the increased traffic and noise with the more frequent use and higher intensity use would still be an issue. Timing is the issue with the proposed prayer service hours which could begin between 3:30 am until 6:30 am and the use of the site is different than what previously existed. Ms. Katsune, who resides at 320 North Eagle Street, has concerns if the existing light pole on the lot line between her property and the subject site is on her property and may need to be moved over to ensure it is not infringing on her property. She also has concerns with the setback issues for the site and felt that it should be dealt with now rather than when the parking lot is reconstructed. He further stated that the prior funeral home use was 9 -10 times a month where the proposed use will be much more frequently and would decrease property values. Ms. Lohry questioned how long Ms. Katsune has lived at her residence. Jane Katsune, 320 North Eagle Street, stated that her home was built 3 -5 years prior to the construction of the funeral home. She further commented that the north property line is paved area right up to the lot line and she did not feel that the use was a good match for the neighborhood. The site would be operating from 3:30 am to 10:00 pm and the potential use with vehicles and lights is an issue. She also discussed holiday use and other uses that may be on the site and questioned what other entities could potentially use the facility. She also discussed the lot size and the lack of greenspace on the site and how the proposed use would eliminate privacy for the neighbors. The parking stalls abut the neighboring properties and are in too close proximity to their residences and installing fencing around the site would not be sufficient. She felt that this use would decrease property values in the neighborhood and the Lutheran Church in the vicinity is used for worship purposes only and does not have a community center as part of their use. She also voiced her concern with what she felt would be absentee ownership and vandalism that could occur due to the proposed use that could potentially create damage to her property as well. She also had concerns about the growth of the sect over time and the increased traffic in the area. Forrest Ware, 1450 Southland Avenue, stated that his property is adjacent to the east side of the site and a five foot fence would not be adequate and that it was a quality of life issue. He voiced his concerns with the worship services at 3:30 am and stated that noise and privacy was the main issue and that the community center use would add to the problem. He also felt that the use would decrease property values in the area and was not a good fit for the neighborhood. Terry Schroeder, 317 Hawk Street, stated that they were considering doing some remodeling to their home as it is a quiet neighborhood and they like the area however they are now reconsidering the matter and may look at other properties to purchase instead as they did not buy a home next to a community center. He also felt that the property values would decrease due to the proposed use of the site and discussed the setbacks from the lot lines. He had concerns with increasing Item - 300NEagle CUP ChurchCommCenter membership of the sect over time and the number of parking stalls that would be lost at such a time when the parking lot is reconstructed and current code requirements would have to be met. He also had concerns about the location of the property lines, lighting on the site, and if a time limit should be established for the reconstruction of the parking lot. He discussed stormwater runoff issues and was not certain if he wanted a solid fence enclosing the site as he likes being able to look around the neighborhood and it would impede his view. Beth Osowski, 2450 Security Drive, stated that she wanted to encourage the Commission to approve the conditional use permit request for this use and she did not feel that the hours of operation should be limited for the community center use. She further stated that Oshkosh West High School operates from 7:00 am until after 10:00 pm and she would rather live next to a mosque than a funeral home. She also wanted to make known that the people here today opposing the proposed use do not represent the community as a whole. Khurram Ahmad, 367 Thackery Drive, representing the petitioner, stated that comments made previously that they would be an absentee owner was not correct as the LLC that would be taking ownership is a local chapter who would be responsible for management of the site. They have local funding and budgeting done in Oshkosh and they would like to grow as a sect in this community. Their families have grown over time which is the main part of the growth of the sect and this property is large enough to accommodate their current and future membership. He further commented that they like the values of the Oshkosh community and would like to stay in this area. In regard to concerns about the operation of a community center and neighbors' privacy, the community center would compliment their view of a house of worship which should be a cornerstone for the community and they would like to show their appreciation for the community at large. The community center would sponsor charity events of various types but could be removed from the request if this use would be objectionable. Their intention of their use of the property is to benefit society. In regard to neighbors concerns for their privacy, he stated that all the lots in the neighborhood are in close proximity to each other and there are locations in Oshkosh where corner taverns are allowed to operate until 2:00 am. Their sect has prayer services five times a day and the 3:30 am sessions are in the summer only with the remaining sessions during the year not commencing until 6:00 am. He also stated that they would accommodate the concerns of the neighbors the best they could. Ms. Propp inquired if the conditions recommended for this request were acceptable particularly the one relating to the fencing on the north and east lot lines. Mr. Ahmad responded affirmatively and stated that they wished to be good neighbors. Ms. Propp then brought up the issues raised about the light pole that possibly may have to be moved and the parking lot reconstruction and questioned if they would have sufficient funding in their budget to handle these issues. Mr. Ahmad replied that they would like to do anything necessary to reduce the impacts on the neighbors. Mr. Thorns questioned where their prayer services are currently held. Mr. Ahmad responded that the services are presently held in his basement which is located in a residential neighborhood. Item - 300NEagle CUP ChurchCommCenter I Mr. Thorns then questioned if the petitioner would be open to placing a timeframe on the parking lot reconstruction to address the setback issues and other issues that do not currently meet the code standards. Mr. Ahmad replied that stipulations were welcome and that the existing parking lot is larger than what was necessary for their proposed use. Ms. Lohry stated that if they do not need the whole parking lot, would there be room to negotiate this issue. Mr. Ahmad responded that they would require about 19 -20 parking stalls for their proposed use. Ms. Lohry then suggested that the petitioner could move the fence about four feet over onto their property and surround the outside of this area with trees to make it more aesthetically pleasing to the neighbors as well as moving the light pole closer to the building. Mr. Ahmad replied that when the parking lot was required to be reconstructed would be the best time to address these issues. Ms. Lohry also suggested that the petitioner speak to West High School representatives about the possibility of using their parking lot when larger events may be held at their site. Mr. Ahmad responded that they have already done so and the school was agreeable to their request. Doug Seefeld, 345 Horseshoe Road, discussed the history of the site and stated that they may have taken some liberties with the lighting and property lines on the site as all the properties were once owned by the same party when the funeral home was constructed. He further commented that the lighting shines on the parking lot area and not on neighboring properties and further discussed the funeral home use of the site and that the building is not currently vacant as stated in the staff report. He discussed the funeral home use compared to the proposed new use which would be more frequent but much less intense in comparison to large gatherings for funeral services. Stormwater drainage issues that were brought up previously have always existed as they are currently and the new use of the site would not change the impervious surface. Diane Cudahy, 1505 Southland Avenue, stated that the neighborhood was nice and quiet and she was not opposed to the mosque but was concerned with the noise. She further stated that the school traffic begins about 6:45 am and she has a dog that barks at disturbances outside and she was concerned that the traffic at the mosque would cause her dog to bark at early hours of the morning. Ms. Propp inquired how we deal with the concerns brought up about the lot lines as she was in favor of the recommended fencing but had concerns with the placement of said fencing. Mr. Buck responded that the lot lines displayed on the aerial maps may not be 100% accurate as they are created from a geographical information system which is not survey quality as structures and other aspects can be up to ten feet off. If there are concerns about the location of lot lines, the land would have to be surveyed to determine exact location. Item - 300NEagle CUP ChurehCommCenter Mr. Burich stated that the Commission cannot order the light pole to be removed or the parking lot to be reconstructed on a specific timeframe. Conditional use permit standards allow the existing structure to remain and if there were concerns about the lighting, a condition could be added to address that issue. As far as the fence, the code standards for fencing are six feet high. Mr. Buck added that the zoning ordinance standards determine light levels at the property line and they cannot exceed the code requirements and arborvitae or a hedgerow could be installed in lieu of the six foot high fence. Mr. Thorns stated that he felt that a timeframe for the reconstruction of the parking lot should be included in the conditions as was done recently with the University's reuse of the Lincoln School property. This would bring the lot up to current code standards and resolve a lot of the issues brought up by adjacent property owners. He commented that a specific number of years could be agreed upon with the petitioner. Mr. Burich responded that normal code requirements for maintenance of the parking lot under the Zoning Ordinance apply and to go beyond that with a condition not related to the proposed use of the property could be overreaching. The Lincoln School parking lot was not the same issue as it is located in a planned development district where such conditions can be negotiated. Mr. Buck added that in the case of Lincoln School, the University offered to reconstruct the parking lot within three years. Mr. Bowen commented that the parking lot in this case was not comparable to Lincoln School as far as its current condition and to request a timeframe on its reconstruction was applying two different standards. Mr. Palmeri inquired if the hours of operation limit on the community center use was common in Oshkosh to require activities be ceased at 10:00 pm. Mr. Buck responded that any use in residential areas is limited to 10:00 pm and in this case it would only apply to the community center use and not the place of worship use. Any activities not related to the worship use would fall under the condition of being limited to 8:00 am until 10:00 pm. Motion by Bowen to approve a conditional use permit to permit a place of worship use and community center use at 300 N. Eagle Street as requested with the following conditions: 1. Routine parking lot maintenance activities be permitted (i.e. crack filling, pothole filling, etc.) with the exception of an overall asphalt overlay of the surface. 2. Hours of operation for the community center use are limited to between 8 am and 10 pm. 3. Fence or other year -round solid screening element is placed on the north and east lot lines. Mr. Fojtik stated that he wished to express his gratitude to the citizens present in the audience today considering this was an issue that could be emotionally charged, everyone behaved very appropriately. Item - 300NEagle CUP ChurchCommCenter Mr. Palmeri agreed and stated that he would support this request as the petitioner went well beyond the requirements with having contacts with both the neighbors and City staff regarding the proposal in advance and the concerns regarding noise and other issues brought up today did not appear to cause any serious harm to public interest. He also commented that he appreciated the petitioner initiating a neighborhood meeting prior to the request coming before the Plan Commission for consideration. Mr. Fojtik commented that this was a good example of how modern planning principals have moved forward to address a lot of issues that could be resolved with adhering to the current ordinances in force. Mr. Thorns added that the proposed use of the structure is an appropriate land use and that these types of entities are a central part of communities. He further discussed religious discrimination and land use and stated that he did not feel the use would create any intensive traffic issues in the area. Seconded by Palmeri. Motion carried 6 -0. Item - 300NEagle CUP ChurehCommCenter 2� a DDT 12 2010 COMMUNITY DEVELOPMENT YOU ARE CORDIALLY INVITED TO ATTEND... PUBLIC HEARING At SEEFELD FUNERAL HOME 3oo N. Eagle Street, Oshkosh, Wl 54902 To Be Used As Place of worship /Community Center By Ahmadiyya Muslim Community Oshkosh Chapter Date Thursday, October 14, 2010 Time: 6:oo PM Location: 3oo N. Eagle Street, Oshkosh, Wl $49 Purpose: To conduct a public hearing on using3oo N. Eagle Street Property as a community center/ place of worship byAhmadiyya Muslim Community members. We will answer any questions /concerns that our neighbors might have in this regard. Food will be served. R.S.V.P. Zaki Ahmed 3 Bellfield Drive, Oshkosh, Wl 549 Ph: (920) 279 6661 Email: Zaki.Ahmed@Gmaii.com For more information on Ahmadiyya Movement in Islam, please visit www. alislam.org 10 RECEI OCT 2 2 2010 n 1 . COMMUNITY DEVELOPMENT Tb P 1 a.n n �' ✓? 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WARE 1450 SOUTHLAND AVENUE 0 OSH, WI. 54902 (920- 2310144) 3 FM jjj l� F- %0 "A - /a ^.� y Ap io -ay/ e ; e -Z/ Jo !U/2Ll /v /a / y //o THIS PETITION HAS BEEN CIRCULATED Y; FORREST V. WARE BEVERLY J. WARE 1450 SOUTHLAND AVENUE 0 OSH, WI. 54902 (920- 2310144) 3 i i } I I I I I I I I I I I I I I I I I Ks . _ . _ . _ . ____ _.___._._._._.J._.___._.___._._ DISCLAIMER This map is neither a legally recorded map nor a survey and it Is not Intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and It is to be used for reference purposes only. The City of Oshkosh Is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. I Created by - dff Scale: 1" = 100' -1 F ': 120.0' I I M 1420 120.0' 120.0' - �K ' 'may;• yl' • 1521 ��� -� � � � :� fl/ n X X .r tO b b a m 143. u to.. c g p m d ' N e; � 'La;'f. >n .f.".. ��3.4' •fi ..r. , l 32.0' �� b o &16 N 143.4' 143.4' Ict o p�•a � N 4`...*'- 143.4' � 32.0 ��. 4' a 743.4' - ',� 139.86' y. a M b m 13975 32.0 aµaH M b b 'a `. 139.64' DISCLAIMER This map is neither a legally recorded map nor a survey and it Is not Intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and It is to be used for reference purposes only. The City of Oshkosh Is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. I Created by - dff Scale: 1" = 100' -1 F ': 120.0' I I M 1420 120.0' 120.0' PETITION PROPERTIES N N 14 0' N 143 0' Fc .. N OfHK IH ON THE WAT" City of Oshkosh Department of Community Development 07/19/10 lq • Kx fl/ n X X N u7) b b a m 143. x; s ;iris. '= #„ g p m d ' N e; � °- >n .f.".. ��3.4' 143.4' �� b o &16 N 143.4' 143.4' Ict o p�•a � N 4`...*'- 143.4' � ..A3 ��. 4' a 743.4' - ',� PETITION PROPERTIES N N 14 0' N 143 0' Fc .. N OfHK IH ON THE WAT" City of Oshkosh Department of Community Development 07/19/10 lq ( 0 On THE WATER City of Oshkosh Application ❑ Planned Development Review ■ Conditional Use Permit Review "PT.EASE TYPE OR PRINT USING MACK INK** APPLICANT INFORMATION Petitioner. Ahmadlyya Movementln Islam Inc. sUBM1T TO: Dept. ofCamtttanity Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wtxonsin 54903 -1130 PHONE: (920) 236.5059 Date: Petitioner's Address: 15000 rood hope Rd City; Silver Spring S} Mo Zip: 20905 Telephone t (3o1 ) s7o 0110 Fax. ( 301 ) 8790115 Other Contact # or Email: takfAhmed6gmaftcom Status of Peti tioner (Please Checkk U Owner U Represents ' e U Tenant N Pmspective Buyer Petitioner's Signature (required): Date: 2 1,/0 OWNER INFORMATION OWner(a): Slx Feet Under, LLC Date: Owner(s) Address: 1025 Oregon street City: Oshkosh State: Wt Zip: 54902 Telephone #. ( 920 ) 236 7750 Fax: ( 920 ) 296 7746 Other Contact # or Email: Ownership Status (Please Check): U Individual U Trust U Pathtership MC- por -ation Property Owner Consent. (required) By Ognat— hereon, Me 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 Platrung S Division for incomplete submissions or other administrative reasons. Property Owner's Signature: / Date: q . a 7 • /J SITE INFORMATION AddressAAcation of Proposed Project .. 300 North Eagle Street, Oshkosh, WI 54902 Parcel No. 160897 Proposed Project Type Contrhunay Center i Place orworship C=ent Use of Property: Funerai Home R-1 Land Uses Surrounding Site: North: Residential South: Resid East: Residential West Oshkosh West High school "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 Sta Date Reed 0 15 Statement of Intended Use Letter 300 N. Eagle Street Oshkosh, WI 54902 October 6` 2010 Ahmadiyya Movement in Islam — Oshkosh Chapter Zak! Ahmed Khurram Ahmad 3233 Bellfield Dr, Oshkosh, WI 54904 367 Thackery Dr, Oshkosh, WI 54904 Ph: (920) 279 6661 Ph: (920) 420 -8104 Email: Zaki.Ahmed @Gmail.com Email: khurram.ahmad @oracular.com To Whom It May Concern: Ahmadiyya Movement in Islam Inc. (AMI) intends to purchase the above mentioned property to use it as a place of worship with a secondary use as a community center. Ahmadiyya Movement in Islam has 73 chapters across United States with head quarter in Washington DC area..The Oshkosh chapter comprises of 45 members (about 13 households). Ahmadiyya Movement in Islam is registered as a non - profit organization with IRS Code 170, EIN: 52- 6054158. The following are the answers to the questions on the Conditional Use Permit Form: 1. Existing and proposed use of the property: a. Existing Use: I. Currently this property is used as a Funeral Home b. Proposed Use: I. Primary use as a Place of Worship — intended to be used to offer five daily prayers as part of Muslim faith ii. Secondary use-as Community Center — intended for programs (Civic, Educational, Cultural, Interfaith Dialogue etc) sponsored by Ahmadiyya Movement in Islam. The Oshkosh chapter has enjoyed gracious accommodations by area churches for holding such events. In this regard AMI- Oshkosh would reciprocate to other non - profit organizations or individuals that may use the facility provided the event does not cause any disruption in the neighborhood. Some possible uses as community center can include: a) An inter -faith gathering b) A fund raiser to help victims of a national or international disaster c) Asocial gathering 2. Identification of all structures (including paving, signage etc) on the property and discussion of their relation to the project a. The property is laid out with existing parking b. There is existing chain link fencing around the property The Ahmadiyya Movement in Islam, Inc. (U.S.A) - 15000 Good Hope Road. Silver Spring, MD 20905 11 P a g e `(10 c. There is already a small signage in front of the property. In the future it will say "Ahmadiyya Muslim Community— Oshkosh" 3. Projected number of residents, employees, and /or daily customers a. Residents: L We do not intend to use this property as Residential and do not anticipate any residents in future b. Employees: L There are no employees of this organization. Everyone is a volunteer ii. Daily use will comprise of offering prayers and occasional meetings (see next bullet) iii. Occasionally the office holders may hold meetings (about 2 -3 times a month). There are currently eight office holders c. Daily Customers: L We intend to hold 5 daily prayers and anticipate 10 -15 members to attend. This will equate to on average 6 -10 cars. Each prayer never lasts more than half hour from the time people arrive to the time they leave. The timings of the prayers are: a) Early Morning a. Generally this is about 1 %z hour before sunrise b. Depending upon the season, it will range from around 3:30 AM in summer to about 6:00 AM in winter c. This prayer on average will be the least attended b) Noon a. Generally around 1:00 PM b. Should get an average attendance of about 6 -10 cars c) Afternoon a. Generally between 4:00 to 6:00 PM depending upon how long the day is b. As the days get shorter (Nov -Feb), this prayer will get combined with the Noon prayer c. Similar attendance as the Noon prayers d) Evening a. At sun -set time, which varies throughout the year b. As the days get too long (Summer), this prayer will combine with the Night prayer (so no Night prayers) c. Expected attendance is between 8 -12 cars on average e) Night a. Usually about 1 % hour after sunset b. As the days get too long (see above), this prayer gets combined with the Evening prayer c. When the days are very short (Dec -Jan), then the evening prayer may get combined with the night prayers to accommodate people's schedules d. Expected attendance is between 8 -12 cars f) Throughout the year, the building is not expected to be occupied after 10:00 PM The Ahmadiyya Movement in Islam, Inc. (U.S.A) - 15000 Good Hope Road. Silver Spring, MD 20905 2 1 P a g e ii. There will be Friday prayers offered every Friday at around 1:30 and we anticipate 20 -30 members to attend. This will equate to around 1045 cars. The service usually lasts 45 minutes from start to end. iii. There will be 2 special Eid prayers offered every year based on Lunar Calendar and we anticipate 40 -50 members to attend. This prayer is in the morning around 10:00 AM. Expect around 15 -20 cars. The service lasts about an hour, followed by a reception that can be 2 -3 hours. This year one was on 10 September, and next will be on November 17` These dates move back 10 days every year. 4. 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 a. Building and Yard Improvements: Description PAVING ESHPALT PARKING Year Built 1969 Width 32 Length 300 Area 9600 Units 1 1 b. Lot Size Square Feet 32838 Acres .7539 c. Commercial Stories 1 Structure Type MORTUARY /FUNERAL HOME Total Area 7644 Zoning R -1 d. Currently we have 45 members in our congregation including women and children. This equates to about 13 households. 5. Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. a. As we intend to use this property as a place of worship /community center, we do not anticipate any noise that could cause disturbance in the neighborhood. Our hours of operations are 5 times a day (See bullet # 3.C.i) for 30 -45 minutes. b. The services conducted do not require any noise (such as ringing a bell), that would be disruptive to the neighborhood. c. The last daily service should not be after 10:00 PM, and generally will be much earlier 6. Compatibility of the proposed use with adjacent and other properties in the area. a. This'community center will become an integral part of the neighborhood through which we intend to reach out to the community to spread the message of peace and harmony in addition to serving people who need our help in any respect. The Ahmadiyya Movement in Islam, Inc. (U.S.A) - 15000 Good Hope Road. Silver Spring, MD 20905 31 H a g e l✓ b. There is already a church in the area which is in the same block, only two houses over. Following are the details of that church: Immanuel Lutheran Church Address: 338 N Eagle St Oshkosh, WI 54902 -4225 (920) 233 -1379 c. There is a high school across from this building. Thus this building is already located in a high traffic area and is not expected to add any more burdens to the existing neighborhood layout 7. Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) a. Currently we have 45 members in our congregation including women and children. Given our small number we do not anticipate any increase in traffic above norm b. The membership currently equates to about 13 households, so on average there should not be more than 15 cars in this building c. There are 35 spots of parking available in the property which is certainly more than enough for us and will not require us to use street parking d. There is a high school across from this building, and our use is not expected to add anymore burden to the existing traffic e. The weekly congregation that is of higher turnout is on Friday's mid -day, as opposed Christian congregations on Sundays. This further mitigates traffic concerns. Also the Friday mid -day will be before the high school ending at 3:00 PM, thus avoiding another possible conflict 8. Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the community as a whole a. Ahmadiyya Movement in Islam is a peace loving organization which has.73 chapters in USA. b. Oshkosh Chapter is one of the chapters which currently have 45 members. c. Our motto is "Love for All, Hatred for None ". d. We have been looking for a place that will serve as a place of worship and a community center for some time and this facility will definitely serve our intended use. e. We have organized many different interfaith dialogues over the past several years in this community through partnership with different churches in the area. In addition to this, we have: I. sponsored blood drives, ii. walk a cause, iii. highway cleanups and iv. food drives in the area f. We believe by having a community center of our own, we will thrive upon the initiatives we have taken so far and become a valuable addition to the neighborhood and community. The Ahmadiyya Movement in Islam, Inc. (U.S.A) - 15000 Good Hope Road. Silver Spring, MD 20905 4 1 P a g e )9 About Ahmadiyya Movement in Islam The Ahmadiyya Muslim Community is a dynamic, fast growing international revival movement within Islam. Founded in 1889, it spans over 195 countries with membership exceeding tens of millions. Its current headquarters are in the United Kingdom. Ahmadiyya Muslim Community is the only Islamic organization to believe that the long- awaited Messiah has come in the person of Mirza Ghulam Ahmad ( 1835 -1908) of Qadian. Ahmad (a,) claimed to be the metaphorical second coming of Jesus (as) of Nazareth and the divine guide, whose advent was foretold by the Prophet of Islam, Muhammad Ahmadiyya Muslim Community believes that God sent Ahmad like Jesus. , to end religious wars, condemn bloodshed and reinstitute morality, justice and peace. Ahmad's advent has brought about an unprecedented era of Islamic revival. He divested Islam of fanatical beliefs and practices by vigorously championing Islam's true and essential teachings. He also recognized the noble teachings of the great religious founders and saints, including Zoroaster Abraham"' Moses (as), Jesus (as), Krishna (a,), Buddha Confucius Lao Tzu and Guru Nanak, and explained how such teachings converged into the one true Islam. Ahmadiyya Muslim Community is the leading Islamic organization to categorically reject terrorism in any form Over a century ago, Ahmad emphatically declared that an aggressive "jihad by the sword" has no place in Islam. In its place, he taught his followers to wage a bloodless, intellectual "jihad of the pen" to defend Islam. To this end, Ahmad penned over 80 books and tens of thousands of letters, delivered hundreds of lectures, and engaged in scores of public debates. His rigorous and rational defenses of Islam unsettled conventional M lim thinking. As part of its effort to revive Islam, Ahmadiyya Muslim Community continues to spread Ahmad's teachings of moderation and restraint in the face of bitter opposition from parts of the Muslim world. Similarly, it is the only Islamic organization to endorse a separation of mosque and state Over a century ago, Ahmad taught his followers to protect the sanctity of both religion and government by becoming righteous souls as well as loyal citizens. He cautioned against irrational interpretations of Quranic pronouncements and misapplications of Islamic law. He continually voiced his concerns over protecting the rights of God's creatures. Today, it continues to be an advocate for universal human rights and protections for religious and other minorities. It champions the empowerment and education of women. Its members are among the most law- abiding, educated, and engaged Muslims in the world. Ahmadiyya Muslim Community is the foremost Islamic organization with a central spiritual leader. Over a century ago, Ahmad (a ' ) reminded his followers of God's promise to safeguard the message of Islam through khilafat (the spiritual institution of successor ship to prophet hood). It believes that only spiritual successor ship can uphold the a true values of Islam and unite humanity. Five spiritual leaders have succeeded Ahmad since his demise in 1908. It's fifth and current spiritual head, Mirza Masroor Ahmad, resides in the United Kingdom. Under the leadership of its spiritual successors, Ahmadiyya Muslim Community has now built over 15,000 mosques, over 500 schools, and over 30 hospitals. It has translated the Holy Quran into over 60 languages. It propagates the true teachings of Islam and the message of peace and tolerance through a twenty -four hour satellite television channel (MTA), the Internet (alislam.org) and print (Islam International Publications). It has been at the forefront of worldwide disaster relief through an independent charitable organization, Humanity First. The membership in Oshkosh has been part of the Oshkosh community for almost 20 plus years. Most being alumnus of the University of Wisconsin - Oshkosh. For more information, please visit www.alislam.org The Ahmadiyya Movement in Islam, Inc. (U.S.A) - 15000 Good Hope Road. Silver Spring, MU 1U`JUb a I r a y c 1A PLACE OF WORSHIP / KATSUNE JANE SEEFELD SCHROEDER TERRY /DIANE COMMUNITY CENTER 320 N EAGLE ST 317 HAWK ST 300 N EAGLE ST OSHKOSH WI 54902 4225 OSHKOSH WI 54902 4227 PC: 11 -02 -10 SIX FEET UNDER LLC 1025 OREGON ST OSHKOSH WI 54902 6456 WARE FORREST V 1450 SOUTHLAND AVE OSHKOSH WI 54902 4296 OTT LINDA A 1521 SOUTHLAND AVE OSHKOSH WI 54902 4260 RE 300 N EAGLE ST CUDAHY DIANE M 1505 SOUTHLAND AVE OSHKOSH WI 54902 4260 AHMADIYYA MOVEMENT IN ISLAM 15000 GOOD HOPE RD SILVER SPRING MD 20905 RE 300 N EAGLE ST SMITH PATRICIA A 1443 SOUTHLAND AVE OSHKOSH WI 54902 4274 ZAKI AHMED 3233 BELLFIELD DR OSHKOSH WI 54904 OSH AREA SCHL DIST WEST HIGH PO BOX 3048 OSHKOSH WI 54903 3048 RE 375 N EAGLE ST KHURRAM AHMAD 367 THACKERY DR OSHKOSH WI 54904 m 1. ° ! ! . ' AJM i , ! 12D.0 i 120.T j o I � i i I P` F ! co M ; M t i Cl) ; b°fx- ° 45.0' h i M 45.. N i M p c M ! "Fo T a� M I 5.25' i N p ar- i Cl) C i 0 I y r F Z M l n x x x '^ I S 60 80A' Q H is— , a d k s Fn >!yc K IT o M • F F x 1420 i - - - - - - - - -. .......... ------------ - - - - -- ----- - - - - -- -------------------------- - - - - -- - - 1�T1�LAN�_A1lE - - - - - - --------- - - - - - - - - - - - - - -- - - - ; I z 1521 1505 11� -- M 0 m 132.0' u`3 - N fa: s 'I r� N 143AM 0 CS�Yr V7 ! N t ra 3.4' w m N ! j .32.0' r i °lam G p I (y ° N 139.88' j DISCLAIMER This map is neither a legally recorded map nor a survey and it is not Intended to be used as one. This drawing is a compilation of records, data and Information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff PLACE OF WORSHIP/ COMMUNITY CENTER 300 N EAGLE ST Scale: 1" = 100' 0 N OfHKOIH ON 7NE WATER City of Oshkosh Department of .A Community Development 10119/10 1443 143.4' �� 143 ,y N 143.4' r m M N � m N 143.4' 143.4' err � ■ 11 Im AP II� OM r�l i 41 J !Il /�IUI «ti �Itll�ll I�il� F� lJilliLli :��L:S �! Il� 0 � ELI ::1� 1 -r Me i'• A mu N il I rk =�i ■ klmR_� �� M MP _ - PRO --- - - X Fw Q , roulp I�11 �o� �i c C �. rr �2 -! ,, 1v_ � 1111��IIIIIIIIII U 1IIIIIIIIIIIIIIII''�I t nr,,., in:a unm ;;Ow � V mff �i, DISCLAIMER This map Is neither a legally recorded map nor a survey and it Is not intended to be used as one. This drawing is a compilation of records, data and Information located In various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any Inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created b - dff PLACE OF WORSHIP/ ( COMMUNITY CENTER N OfHKO1H 300 N EAGLE ST ON THE WATER City of Oshkosh Department of Community Development Scale: 1" = 100' 10/19/10 a