May 31, 2005

A. SUMMARY

SP-03-24-05: Bohmann Excavating, a site plan for the construction of a warehouse located at 808 East 28^th Street. Submitted by Allen Belot for Glenn Bohmann Trustees & Kim Banning-Bohmann, property owners of record.

B. GENERAL INFORMATION

Current Zoning and Land Use:	M-2 (General Industrial) District; Undeveloped land.
Surrounding Zoning and Land Use:	M-2 (General Industrial) District to the north; Haskell Indian Nations University. M-2 (General Industrial) District to the south; Midwest Floor Covering. M-2 (General Industrial) District to the east; BNSF Railroad abandoned right-of-way/ Pedestrian pathway. RS-1 (Single-Family Residential) District to the west; Haskell Indian Nations University/ Indian Burial Ground.
Site Summary:
Gross Area:	2.663 acres (116,000 square feet)
Proposed Building Coverage:	4,000 gross square feet
Open Space:	50,965 square feet
Off-Street Parking Required:	Minimum required number of accessible spaces – (1) 1 per 500 square feet of public accessible floor area (0)
Off-Street Parking Provided:	3 standard spaces and 1 accessible space
Staff Recommendation: Planning staff recommends approval of site plan SP-03-24-05, construction of a warehouse located at 808 East 28^th Street, subject to the following conditions: Execution of a site plan performance agreement. 2. Approval of an SWP3 prior to being released for building permits. Construction activity, including soil disturbance or removal of vegetation, shall not commence until an approved SWP3 has been obtained. Execution of an Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements to E. 28^th Street. Compliance with the conditions associated with the approval of Historic Resources Commission case no. DR-03-20-05.

808 East 28^th Street, 2003 Aerial

C. STAFF REVIEW

The subject property is located west of Oregon Street and north of East 28^th Street. Haskell Indian Nations University abuts the property’s western border. Abandoned right-of-way for the BNSF Railroad borders the property to the east. The property is currently undeveloped.

The applicant is proposing one 4,000-square foot contractor’s shop, which will serve as a storage facility for flatbed trucks when they are not in use. The single-story building will be located in the southwest corner of the 2.7-acre lot. Due to the flow of large excavating vehicles to and from the site, 27,570 square feet of pavement will abut the building on its northern and eastern sides. In order to screen any outdoor storage of excavating materials and trucks, a wooden fence will be constructed along the northern, eastern, and western sides of the paved area.

Historic Resources Commission

The subject parcel includes a portion of an Indian burial site, which is a National Historic Landmark. Nearly the entire subject parcel is also within the environs of the burial site. Therefore, on April 21, 2005, the applicant sought project approval from the Historic Resources Commission (HRC). The HRC recommended approval of the project, with the following conditions:

1. Note on the face of the site plan indicating the Historic Resources Commission approval of DR-03-20-05 on April 21, 2005 subject to conditions;

2. The applicant provide complete construction documents, with material notations to be reviewed and approved by the Historic Resources Administrator prior to release of a building permit;

3. The applicant maintain the existing trees and vegetation located along the north and west portion of the property to provide a significant visual screen from the proposed site to the National Historic Landmark site; and

4. Any changes to the approved project will be submitted to the Historic Resources Commission prior to the commencement of any related work.

D. Findings

Per Section 19A-5, staff shall first find that the following conditions have been met:

(a) That the proposed use is a permitted use in the district in which the property is located;

The subject property is zoned M-2 (General Industrial) District, which permits contractor shops and warehousing establishments, including storage. This district is designed to accommodate a wide range of manufacturing, wholesaling, warehousing, and other industrial activity of medium intensity. The use of the proposed building as an overnight and weekend storage facility for flatbed trucks is acceptable for the M-2 (General Industrial) District.

(b) That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping, and drainage is compatible with adjacent land uses;

The building is to be located in the southwest corner of the lot, with pavement surrounding the building to the north and east. In order to screen any outdoor storage of excavating materials and trucks, a wooden fence will be constructed along the northern, eastern, and western portions of the paved area. Vehicles will enter the site at the southeast corner via a 30-foot wide driveway, while they will enter the building via four garage entrances at its rear elevation. Due to the non-public nature of the building, one accessible and zero standard parking spaces are required. However, the applicant is providing three standard spaces and one accessible space, which will be located along the eastern side of the building. Lighting for the site will be provided by two wall mount units, which are exempt from photometric plan requirements. Three street trees, as well as 19 other shrubs or trees, will be planted on the site. At least 20 existing conifers are being protected with this project and will be credited toward the minimum tree requirement for the project. Additional trees and vegetation along the property’s northern and western edges will be preserved as a condition of HRC approval.

The arrangement of the above-mentioned elements is compatible with the adjacent land uses, as the project is surrounded on three sides by the Lawrence Industrial Park and is abutted by vacant land along its western edge.

(c) That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

East 28^th Street is designated as a local street. Access to the property is provided by a 30-foot wide drive at the southwest corner of the lot. The location of the building and parking area in the southwest corner of the lot allows for safe and efficient movement of vehicles to and from the site. Utilizing approximately 28,000 square feet of pavement, trucks also will easily be able to enter and exit the garages at the rear of the contractor’s building.

(d) That the site plan provides for the safe movement of pedestrians within the site;

Sidewalks are not provided along East 28^th Street or throughout the site. However, the building has not been designed to serve the public. Employees will be able to park in one of the four parking spaces on the west side of the building and enter the building without vehicular interference.

(e) That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;

The site provides adequate landscaping and screening consistent with the industrial appearance along East 28^th Street. Three street trees, as well as 19 other shrubs or trees, will be planted on the site. At least 20 existing conifers are being protected with this project and will be credited toward the minimum tree requirement for the project. Additionally, several trees and vegetation along the northern and western edges of the site will be preserved as a condition of HRC approval.

(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

According to the applicant, refuse generated by the proposed use will be minimal. Therefore, a note has been included on the site plan, stating that any accumulated waste will be held inside the building and set out for curbside pick up. Per the Sanitation Department, a location for a future dumpster enclosure has been included along the site’s eastern border. If the site generates more trash than was initially proposed or if a larger trash generator occupies the site in future, the dumpster enclosure will need to be constructed as shown on the plan.

g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development;

The site plan includes a proposed 30-foot wide driveway entrance. A new drive area and parking spaces, which will encompass 27,570 gross square feet of pavement, will be constructed on the site, as well.

E. CONCLUSION

The proposed request is consistent with the zoning district and the setback requirements. Therefore, staff recommends approval of site plan SP-03-24-05, construction of a warehouse located at 808 East 28^th Street, subject to the following conditions:

Execution of a site plan performance agreement.

2. Approval of an SWP3 prior to being released for building permits. Construction activity, including soil disturbance or removal of vegetation, shall not commence until an approved SWP3 has been obtained.

Execution of an Agreement Not to Protest the Formation of a Benefit District for street and sidewalk improvements to E. 28^th Street.
Compliance with the conditions associated with the approval of Historic Resources Commission case no. DR-03-20-05.