PLANNING AND ZONING COMMISSION / BOARD OF ADJUSTMENT AGENDA

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2 PLANNING AND ZONING COMMISSION / BOARD OF ADJUSTMENT AGENDA CITY HALL, COUNCIL CHAMBERS, 5TH FLOOR, 405 6TH STREET, SIOUX CITY, IA July 10, :00 P.M. (Said items are on file in Room 308, City Hall, th Street, Sioux City, IA 51102) Planning and Zoning Meeting 1. Call to Order 2. Zoning Hearings Agenda Item : Requested final plat of South Henry Estates located at 2110 South Henry Street and 2109 South Lakeport Road. Agenda Item : Requested rezoning of a portion of 325 West 45 th Street from AG to NC.1 Agenda Item : Requested final plat of Pine Acres on property located at 325 West 45 th Street. Agenda Item : Requested site plan approval for the property located at rd Street. 3. Other Business a. Election of Chair and Vice-Chair. b. Report by the Chair regarding Planning and Zoning items at the City Council meeting. c. Other items brought forward by the Commission and / or staff. d. Approval of the minutes of the June 26, 2018 meeting. 4. Adjourn Planning and Zoning Meeting. Board of Adjustment Meeting 1. Call to Order (4:30 p.m. or at the conclusion of the Planning and Zoning Commission meeting, whichever comes later) 2. Other Business a. Election of Chair and Vice-Chair. b. Other items brought forward by the Board and / or staff. c. Approval of the minutes of the June 26, 2018 meeting. 3. Adjourn Board of Adjustment Meeting. ADA NOTICE The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 406-6th Street, Room 204, This notice is provided as required by Title II of the Americans with Disabilities Act of Planning & Zoning agendas / minutes are accessible on the Sioux City website.

3 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION SIOUX CITY, IOWA You are hereby notified that the Sioux City Planning and Zoning Commission will consider the item identified below at a public hearing to be held on Tuesday, July 10, 2018, at 4:00 P.M., in the City Council Chambers, Fifth Floor of City Hall, 405 6th Street, Sioux City, Iowa. You are invited to attend the hearing to voice your opinion regarding this agenda item. The Planning and Zoning Commission will consider this item and make a recommendation that will be forwarded to the City Council at a later date. For further information, please call this office at (712) (This item is on file in Room 308, City Hall.) PURPOSE OF THIS REQUEST: Agenda Item The petitioner, Bacon Creek Design, Inc., requests the final plat of South Henry Estates located at 2110 South Henry Street and 2109 South Lakeport Road. The final plat is a three (3) lot residential subdivision. A general area map and final plat are attached for your review. Erin Berzina, AICP Planner ADA NOTICE The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 406-6th Street, Room 204, This notice is provided as required by Title II of the Americans with Disabilities Act of If you are unable to attend this hearing but would like to have your comments on record, you may forward this response slip to the City Planning Division, P.O. Box 447 Sioux City, IA 51102, call (712) , Fax (712) , or Your Name: Agenda Date: 7/10/2018 Address: Agenda Item No.: Your Comments Regarding This Item:

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6 CITY OF SIOUX CITY REQUEST FOR PLANNING COMMISSION ACTION MEETING DATE: July 10, 2018 ACTION ITEM # x Regular Session Study Session Closed Session FROM: Erin Berzina, Planner SUBJECT: Requested final plat of South Henry Estates located at 2110 South Henry Street and the west portion of 2109 Lakeport Street. (Petitioner: Bacon Creek Designs, Inc). (File No ). Reviewed By: Department Director Finance Department City Attorney City Manager RECOMMENDATION: Staff: 1) Approval of the subject final plat, based on the following findings; Findings of Fact: 1) The final plat will subdivide the property into three (3) residential lots. 2) The final plat meets the requirements of the NC.4 zoning district. 3) The applicant s proposal conforms to the minimum Municipal Code requirements. Recommended Conditions of Approval: 1) None. DISCUSSION: See Analysis FINANCIAL IMPACT: N/A RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Economic Opportunity. Focus Area: Expand Development Opportunities and Grow Sioux City. #3 Grow a vibrant and balanced economy. ALTERNATIVES: None. ATTACHMENTS: Attachment A: General Area Map Attachment B: Notification Map Attachment C: Final Plat Attachment D: Photos Attachment E: Application

7 BACKGROUND REPORT: The petitioner, Bacon Creek Design, Inc, is requesting a final plat of South Henry Estates minor subdivision located at 2110 South Henry Street and the west portion of 2109 South Lakeport Street. The proposal will allow for three (3) lots of residential development on approximately 0.51 acres of land. A general area map is enclosed for your review. ANALYSIS: As stated, the petitioner is requesting a final plat of the property located at 2110 South Henry Street and a portion of 2109 South Lakeport Road. The site is currently vacant and the petitioner plans to divide the site into three separate lots totaling approximately 0.51 acres. The east portion of 2109 South Lakeport Street is also intended to be developed as a single family home but is not included in this application for a final plat. Access to the remaining east portion of 2109 South Lakeport Street shall be gained from the east-west alley adjacent to the parcels created by the South Henry Estates final plat. EXISTING ZONING AND LAND USE: NC.4; Single family residential EXISTING ZONING REQUIREMENTS: The NC.4 district is meant for a variety of housing types in a mixed housing neighborhood. PROPOSED ZONING REQUIREMENTS: N/A SURROUNDING ZONING AND LAND USE: North: NC.4; Single family residential South: NC.4; Single family residential East: NC.4; Single family residential West: NC.4; Single family residential DEPARTMENT COMMENTS MidAmerican Energy (Gas): There is existing natural gas main that runs east/west in the ROW on the north side of this property. If any ROW that contains our facilities is to be vacated as part of this project, MidAmerican Energy will require that an easement is maintained. Any required relocations of our facilities would be subject to reimbursement. COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as Urban Residential. Urban Residential is defined as older areas of higher density where infill and redevelopment are in forms and densities similar to existing urban development types and densities within these areas. This category may include a mixture of housing styles and types including single family, townhomes, duplexes, and apartment houses. URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is not located in an urban renewal or TIF district. SUBAREA / CORRIDOR PLAN: The subject property is not located in a subarea or corridor plan. FLOOD PLAIN: The subject property is not located in a flood plain.

8 CITIZEN RESPONSE: Twenty-seven (27) notices were sent within the required timeframe. No responses have been received.

9 ATTACHMENT A GENERAL AREA MAP

10 ATTACHMENT B NOTIFICATION MAP

11 ATTACHMENT C FINAL PLAT

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13 ATTACHMENT D PHOTOS Looking southeast from 4 th Avenue Looking northeast from South Henry Street

14 ATTACHMENT E APPLICATION

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17 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION SIOUX CITY, IOWA You are hereby notified that the Sioux City Planning and Zoning Commission will consider the item identified below at a public hearing to be held on Tuesday, July 10, 2018, at 4:00 P.M., in the City Council Chambers, Fifth Floor of City Hall, 405 6th Street, Sioux City, Iowa. You are invited to attend the hearing to voice your opinion in regard to this agenda item. The Planning and Zoning Commission will consider this item and make a recommendation that will be forwarded to the City Council at a later date. For further information, please call this office at (712) (This item is on file in Room 308, City Hall.) PURPOSE OF THIS REQUEST: Agenda Item The petitioner, David G. Paulsrud and Joan E. Paulsrud, request the rezoning of a portion of 325 West 45 th Street from AG (Agriculture) to NC.1 (Neighborhood Conservation). The rezoning will allow for the subdivision of the property and construction of a house. A general area map and final plat are attached for your review. Chris Madsen, AICP, CFM Senior Planner ADA NOTICE The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 406-6th Street, Room 204, This notice is provided as required by Title II of the Americans with Disabilities Act of If you are unable to attend this hearing but would like to have your comments on record, you may forward this response slip to the City Planning Division, P.O. Box 447 Sioux City, IA 51102, call (712) , Fax (712) , or Your Name: Agenda Date: _7/10/2018 Address: Agenda Item No. : Your Comments Regarding This Item:

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19 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION SIOUX CITY, IOWA You are hereby notified that the Sioux City Planning and Zoning Commission will consider the item identified below at a public hearing to be held on Tuesday, July 10, 2018, at 4:00 P.M., in the City Council Chambers, Fifth Floor of City Hall, 405 6th Street, Sioux City, Iowa. You are invited to attend the hearing to voice your opinion in regard to this agenda item. The Planning and Zoning Commission will consider this item and make a recommendation that will be forwarded to the City Council at a later date. For further information, please call this office at (712) (This item is on file in Room 308, City Hall.) PURPOSE OF THIS REQUEST: Agenda Item The petitioner, David G. Paulsrud and Joan E. Paulsrud, request the final plat of Pine Acres on property located at 325 West 45 th Street. The one (1) lot subdivision will allow the construction of a house on the subject property. A general area map and final plat are attached for your review. Chris Madsen, AICP, CFM Senior Planner ADA NOTICE The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 406-6th Street, Room 204, This notice is provided as required by Title II of the Americans with Disabilities Act of If you are unable to attend this hearing but would like to have your comments on record, you may forward this response slip to the City Planning Division, P.O. Box 447 Sioux City, IA 51102, call (712) , Fax (712) , or Your Name: Agenda Date: _7/10/2018 Address: Agenda Item No. : Your Comments Regarding This Item:

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22 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR PLANNING COMMISSION ACTION MEETING DATE: July 10, 2018 ACTION ITEM # FROM: Chris Madsen, Senior Planner SUBJECT: Requested rezoning of a portion of 325 West 45 th Street from AG (Agriculture) to NC.1 (Neighborhood Conservation). (Petitioner: David G. Paulsrud and Joan E. Paulsrud). (File No ). Requested final plat of Pine Acres on property located at 325 West 45 th Street. (Petitioner: David G. Paulsrud and Joan E. Paulsrud). (File No ). Reviewed By: Department Director Finance Department City Attorney City Manager RECOMMENDATION: Staff: 1) Approval of the subject rezoning and final plat, based on the following findings; Findings of Fact: 1) The property is currently zoned AG, requiring 20 acre minimum lot size. 2) The petitioner intends to sell the lot for future construction of a house. 3) The applicant s proposal conforms to the minimum Municipal Code requirements. Recommended Conditions of Approval: 1) None. DISCUSSION: See Analysis FINANCIAL IMPACT: N/A RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Quality of Life. Focus Area: Enhance Public/Private Partnerships. ALTERNATIVES: None.

23 ATTACHMENTS: Attachment A: General Area Map Attachment B: Notification Map Attachment C: Final Plat Attachment D: Application Rezoning Attachment E: Application Final Plat BACKGROUND REPORT: The City has received a request from David G. Paulsrud and Joan E. Paulsrud, petitioner, to rezone and approve a final plat for a 5.8 acre tract of land located at 325 West 45 th Street. The proposal will allow for the construction of a house on the property. A general area map is enclosed for your review. ANALYSIS: As stated, the petitioner is requesting rezoning and final plat approval for the property located at 325 West 45 th Street. The petitioner would like to construct a house on the property. The Zoning of the property is currently AG (Agriculture), which has a 20 acre minimum lot size requirement. The petitioner is requesting rezoning to NC.1, which has a 2 acre minimum lot size requirement, and would match the properties to the east and the remainder of the 325 West 45 th Street property. The petitioner is also requesting a final plat of Pine Acres, a one (1) lot subdivision of the northerly portion of 325 West 45 th Street. The subdivision would allow for the sale of the property and future construction of a house on the lot. The property would gain access from the access easement of Outlot A to the north. The Outlot A was originally platted as part of the Bluestem Addition approved in EXISTING ZONING AND LAND USE: AG ; Vacant EXISTING ZONING REQUIREMENTS: The AG district is meant for the preservation and continuation of agricultural use of land around the periphery and on the fringes of the City limits where infrastructure is not available and urban development is premature or inappropriate. PROPOSED ZONING REQUIREMENTS: The NC.1 district is meant for low-density, single-family detached neighborhoods on lots that are one acre and larger. SURROUNDING ZONING AND LAND USE: North: AG ; Farm South: NC.1 ; Single Family Residential East: NC.1 ; Single Family Residential West: AG ; Single Family Residential DEPARTMENT COMMENTS No comments. COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as Suburban Residential. Suburban Residential is defined as development consistent with contemporary design practices that are sensitive to existing environmental characteristics of the location.

24 URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is not located in an urban renewal or TIF district. SUBAREA / CORRIDOR PLAN: The subject property is not located in a subarea or corridor plan. FLOOD PLAIN: The subject property is not located in a flood plain. CITIZEN RESPONSE: Four (4) notices were sent within the required timeframe. No responses were received.

25 ATTACHMENT A GENERAL AREA MAP

26 ATTACHMENT B NOTIFICATION MAP

27 ATTACHMENT C FINAL PLAT

28 ATTACHMENT D

29 APPLICATION REZONING

30 ATTACHMENT E

31 APPLICATION FINAL PLAT

32 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION SIOUX CITY, IOWA You are hereby notified that the Sioux City Planning and Zoning Commission will consider the item identified below at a public hearing to be held on Tuesday, July 10, 2018, at 4:00 P.M., in the City Council Chambers, Fifth Floor of City Hall, 405 6th Street, Sioux City, Iowa. You are invited to attend the hearing to voice your opinion in regard to this agenda item. The Planning and Zoning Commission will consider this item and make a recommendation that will be forwarded to the City Council at a later date. For further information, please call this office at (712) (This item is on file in Room 308, City Hall.) PURPOSE OF THIS REQUEST: Agenda Item The petitioner, SCE Partners, LLC, requests site plan approval for the property located at rd Street. The petitioner is requesting to modify the site plan for the Hard Rock Hotel and Casino property to close that portion of vacated Pearl Street located between 3 rd Street and 4 th Street. The petitioner is proposing to use the current drive lane for parking. A general area map and site plan are attached for your review. Chris Madsen, AICP, CFM Senior Planner ADA NOTICE The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 406-6th Street, Room 204, This notice is provided as required by Title II of the Americans with Disabilities Act of If you are unable to attend this hearing but would like to have your comments on record, you may forward this response slip to the City Planning Division, P.O. Box 447 Sioux City, IA 51102, call (712) , Fax (712) , or Your Name: Agenda Date: _07/10/2018_ Address: Agenda Item No. : Your Comments Regarding This Item:

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35 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR PLANNING COMMISSION ACTION MEETING DATE: July 10, 2018 ACTION ITEM # FROM: Chris Madsen, Senior Planner SUBJECT: Requested site plan approval for the property located at rd Street. (Petitioner: SCE Partners LLC). (File No ). Reviewed By: Department Director Finance Department City Attorney City Manager RECOMMENDATION: Staff: 1) Approval of the subject modified site plan, based on the following findings; Findings of Fact: 1) Pearl Street was vacated and shown as an access easement during the original site plan and final plat in ) The applicant s proposal conforms the minimum Municipal Code requirements. Recommended Conditions of Approval: 1) Provide details of trees in landscaping island. 2) Provide details on proposed freestanding sign. DISCUSSION: See Analysis FINANCIAL IMPACT: N/A RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility: Economic Opportunity. Focus Area: Expand Development Opportunities and Grow Sioux City. #3 Grow a vibrant and balanced economy. ALTERNATIVES: None. ATTACHMENTS: Attachment A: General Area Map Attachment B: Notification Map Attachment C: Site Plan

36 Attachment D: Minutes from May 14, 2013 Planning and Zoning Commission meeting. Attachment E: Application BACKGROUND REPORT: The petitioner, SCE Partners LLC, requests a modified site plan for the Hard Rock Hotel and Casino on property located at rd Street. The petitioner is proposing to close that portion of vacated Pearl Street located between 3 rd Street and 4 th Street. The petitioner is proposing to use the current drive lane for parking. A general area map and site plan are enclosed for your review. The CE (Casino Entertainment) zoning district requires all physical site changes to be reviewed by the Planning and Zoning Commission and City Council. The proposed alteration and addition of parking to the vacated Pearl Street drive lane is a substantial change to the approved site plan for the property, and requires review and notification. The original Hard Rock site plan, along with right of way vacations and a preliminary plat, were approved by the Planning Commission on May 14, 2013 and by City Council on June 3, A modified site plan was approved by Planning Commission on April 22, 2014 and City Council on May 12, 2014 adding an exterior pool and changing the signage on the site. A second modified site plan was approved by the Planning Commission on February 24, 2015 and by the City Council on March 9, 2015 changing the Battery Park area north of the old Battery Building from greenspace to a parking and concert area. A third modified site plan was approved by the Planning and Zoning Commission on May 24, 2016 and approved by City Council on June 6, 2016 to add a high stakes gambling area and redesign the parking lot on the east side of the existing building. A fourth modified site plan was approved by the Planning and Zoning Commission on May 8, 2018 and the City Council on June 11, 2018 adding a parking garage south of 3 rd Street that includes a bridge connected to the high stakes gambling area. ANALYSIS: As stated, SCE Partners LLC is requesting modified site plan approval. The petitioner is asking to close the drive lane that connects Pearl Street south of 3 rd Street and north of 4 th Street. This portion of Pearl Street was vacated with the original site plan in 2013, and included as a private drive lane on the site plan, and as a utility and access easement on the final plat. The petitioner intends to rerecord the final plat with the access easement language removed from the plat. The area will remain a utility easement, as there is a 24 water line, storm sewer line, and sanitary sewer line, as well as a MidAmerican electric lines that runs down the easement. Below is the excerpt from the 2013 Staff Report detailing the Pearl Street vacation: The petitioner is requesting vacating various right of ways in the project area. These include Water Street and Pearl Street between 3 rd and 4 th Streets. Pearl Street will be vacated, but will not be closed to through traffic. The petitioner intends to construct an accent stained and textured color concrete thruway that will include speed humps and a traffic circle at the north entrance to the parking lot. The speed humps will not be speed bumps, in that the raised area will be much longer with metal bollards dividing the hump from adjacent parking. The traffic circle will be similar in nature to the Promenade circle, with the exception that there will be no parallel parking at this location. The main purpose of the speed humps and traffic circle is to slow traffic through the parking lot while still allowing free traffic movement through vacated Pearl Street.

37 An excerpt from the May 14, 2013 Planning and Zoning Commission meeting regarding the closure of Pearl Street can be found in Attachment D. The Planning and Zoning Commission ultimately voted to keep Pearl Street as right of way. The City Council voted to close Pearl Street, but to keep the access easement and public drive lane open between 3 rd and 4 th Streets. The petitioner is requesting removing the Pearl Street access and replacing with 25 parking stalls, and an island facing 3 rd Street with landscaping and a monument sign. The landscaping island would be required to have two (2) trees, to meet the tree island requirement of the Zoning Ordinance. Staff have not received details of the sign, other than the location on the site plan. A rendering of the sign will need to be submitted to Staff for approval. On June 11, 2018 the City Council voted to approve a development agreement with Hard Rock in relation to the parking garage structure. As part of that agreement, the City agreed to: The access easement currently running north/south (and aligned with Pearl Street) across the parking lot of the Hard Rock Hotel & Casino Sioux City, would be vacated, or dedicated for use by Hard Rock Hotel & Casino Sioux City patrons only. Easements for utilities would remain. EXISTING ZONING AND LAND USE: CE ; Hard Rock Hotel and Casino Parking Lot EXISTING ZONING REQUIREMENTS: The CE district is meant for gambling casinos and other entertainment and associated retail and service uses which, due to the scale and unique characteristics of the use, warrants special planning considerations and approval procedures. PROPOSED ZONING REQUIREMENTS: N/A SURROUNDING ZONING AND LAND USE: North: CE ; Historic Pearl District South: GC ; Tyson Events Center East: GC ; Stoney Creek Hotel West: CE ; Wesley Parkway DEPARTMENT COMMENTS MidAmerican Energy (Electric): There are existing underground facilities which run in the vacated Pearl St ROW. There are also existing underground facilities which run along the west side of Peart St, south of 3 rd St. If any ROW that contains our facilities is to be vacated as part of this project, MidAmerican Energy will require that an easement is maintained. Any required relocations of our facilities would be subject to reimbursement. COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as Downtown. Downtown is an example of a true mixed-use center. It contains a mix of cultural, financial, governmental, institutional, entertainment, residential, and recreational uses. Continued growth of all types of land uses is appropriate. URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is located in The Battery SubArea of the Combined Central Sioux City CBD Urban Renewal TIF District.

38 SUBAREA / CORRIDOR PLAN: The subject property is located in the West End District Plan. FLOOD PLAIN: The subject property is located in the 500 year flood zone. CITIZEN RESPONSE: Thirty three (33) notices were sent within the required timeframe. No responses were received.

39 ATTACHMENT A GENERAL AREA MAP

40 ATTACHMENT B NOTIFICATION MAP

41 ATTACHMENT C SITE PLAN

42 ATTACHMENT D Agenda Item : Requested site plan for the property bounded generally by Wesley Parkway, 5th Street, Douglas Street, and 2nd Street. (Petitioner: Sioux City Entertainment) Geary questioned staff asking if they have ever allowed a petitioner to modify a site plan to show a through street be vacated and re-modified with speed humps. Chris Madsen stated that he was not aware of any streets being vacated and granted through access via the petitioner maintaining that area. However, the area would be similar to the Promenade area which is City ROW. Jeff Hanson also stated that he was not aware of something like this being done in the past, however although Pearl Street would be a through way, it would not be classified as a street. It would be a private drive maintained and owned by Sioux City Entertainment which means that liability would be on the property owner. The construction would also be the responsibility of the property owner. Geary then questioned staff on what would be acceptable based on a traffic study of Pearl Street. Jeff Hanson stated that this would be treated as a private driveway through a commercial property that you have to traverse from one parking lot to another to get to another business. Jeff Hanson also stated that as part of the Pearl Street closure while it is under construction, staff has been working with Public Works staff to assign a detour route on 4 th Street to Douglas Street, between 3 rd Street and 4 th Street on Douglas and to convert one block of Douglas Street into a two way section. Currently Douglas is one way to the North and staff feels that it is important that during the construction to assign Douglas Street as a two way as a connection from 3 rd Street to 4 th Street and as part of that, during the construction period, they would like to analyze the traffic pattern on Douglas Street and possibly make that conversion further north permanent. This would relieve some of the through traffic off Pearl Street that travels both north and south bound. Walt Fales, Vice President of Development for Sioux City Entertainment, Henderson NV was present and spoke on behalf of Sioux City Entertainment. Fales stated that they had received the comments mentioned above from Sioux City staff. Fales stated that the petitioner had no concerns with making the adjustments of the parking stalls. Updating the traffic impact study as well as the Milwaukee Weiner location and they have already directed their Engineers to move forward with that and the process is underway. The landscaping to the south of the facility as the lease would permit, they are happy to accommodate that as well based upon what MidAmerican Energy Co. would permit. They will also accommodate the reduction of height of the directional signage to six feet. Redevelopment of the billboard sign is currently in discussion and they are requesting for the sign envelope to be approved. Relocation of the signage close to the Veterans Memorial will be moved to the west in order for it to be far away from the memorial. They will continue to show the Pearl Street thru-way on all future renderings as depicted in the graphic. Also noted was one correction on the parking stalls. Currently they have 941 parking stalls plus 200 parking spots in the City parking garage. The petitioner asked for the monument sign comment to be reconsidered in which staff has asked that they go from two monuments to one per entrance. The petitioner feels that the monuments will provide easy directions for guest to visit the location. If staff is not willing to reconsider the monument comments, the petitioner will accommodate the request. Godwin asked the petitioner to explain the bus and RV parking. Fales stated at this time there is no bus/rv designated parking stalls. The petitioner feels that the bus/rv traffic would more likely visit the location Monday-Thursday, and during non-peak hours. The buses/rv s can utilize the parking lot that will be south of 3 rd Street where they believe there will be ample parking and could take up any amount if parking needed that would

43 be underutilized at that time. If any time the demand for bus, RV, and semi parking increases, the petitioner will designate, paint or stripe parking stalls needed. Calligan asked if there was a public entrance to the building on the east side. The petitioner responded that there will be three prominent entrance locations, one on the south, north, and east. Calligan also asked what type of outside façade the casino will have in comparison to the Battery Building. Walt Fales responded stating that they will be incorporating the new façade into the old façade but defiantly making them distinct in order to preserve the historical significance of the Battery Building. Ross questioned if Daltons will continue to be an existing business or will they just simply be keeping the outside façade. Fales stated that they will be keeping the outside façade and the inside will be part of the casino and backs to some restaurants. Ross questioned if the petitioner anticipates any security issues with having three main entrances to the location. Fales stated that they don t anticipate any security issues due to Iowa law dictating anyone entering the casino floor needs to present identification. There will be two entrances to the casino floor that will be highly restricted and very well monitored. Geary questioned if the bus, RV, and semi parking becomes an issues, can the site plan be modified per staff request to meet the parking demands of the location. Chris Madsen responded stating that the Zoning Ordinance does allow staff to make minor modifications with administrative review. However, if there are a large amount of parking stalls being repainted or redesigned, the site plan would have to come back. Rick Bertrand of 1501 Peavey Street, Sioux City spoke in favor of the Sioux City Entertainment items. Although Bertrand is in favor of the project, he did express concerns regarding the vacation of Pearl Street as he also owns property on Pearl Street. Bertrand also had some concerns with pedestrian traffic walking north to south from the Tyson Events Center to access the parking ramp on Pearl Street. Bertrand stated that there needs to be something in place on Pearl Street that will ensure pedestrian traffic safety. Bertrand also expressed concerns of Pearl Street businesses becoming a back side to the casino and being cut off. He also stated that there will be a stop light at 3 rd Street and Pearl Street, but what will be in place at 4 th Street and Pearl Street. Bertrand also stated that he would like to see Pearl Street stay as is for the flow of commerce and the investment that the City of Sioux City and private investors have put into the district. Bertrand also asked what the status is regarding the Rev. Haddock marker. Geary asked the petitioner if they would lose parking or have to acquire more property if they left Pearl Street opened. Walt Fales responded stating that if they had to create more parking stalls there are no adequate parcels in the area to do so. They would then have to look into a parking garage and at this time that is not part of phase one of the project. However, phase two of the project has a building façade that will go over the Pearl Street area and will then necessitate for a parking ramp or garage. He also stated that the biggest purpose for having Pearl Street vacated is to ensure guest safety and to minimize the amount of thru traffic in the parking lot. Calligan asked if the petitioner if they have looked at any property north of the casino to utilize as parking. Calligan also asked if the petitioner has had any discussion on possibly utilizing veteran s park area for parking. Fales stated that they felt that one of the unique features to the Hard Rock facility and in the project itself was to keep a green area. Bob Deck of 56 McDonald Dr., Sioux City spoke against the vacation of Pearl Street because he feels that it may cause traffic issues on other streets nearby. Clay Jensen, 519 Pearl Street, Sioux City owner of Sioux City Power Sports spoke against the vacation of Pearl Street due to the fact that it is a highly traveled street and his business will be severely impacted by the vacation.

44 Godwin asked the petitioner what is the critical nature of closing Pearl Street. Walt Fales stated that the closure of Pearl is for the safety of the pedestrians walking through the area and the need for parking spaces. Ross then asked staff if there are any concerns if Pearl Street was not vacated. Chris Madsen responded stating that if Pearl Street were to remain open there would have to be a thirty-one foot driving width and a sixty foot wide ROW width. Ross questioned staff if there could be parking on the ROW. Chris Madsen stated that would make parking city parking on city ROW and it wouldn t be designated to Hard Rock or privately controlled. Godwin asked staff if there could be a possibility of reducing the sixty foot ROW and breaking the standard thirty-one foot width with a restricted through lane and maintaining it as city property. Chris Madsen responded stating that it could be an option; however any maintenance/liability would then be the responsibility of the city. Godwin stated that his biggest concern with the site plan is the patrons parking in the south parking lot off of 3 rd Street. They will not be protected by a flashing yellow light when crossing the street. O Neill asked Godwin what he was proposing with that statement. Godwin responded that there is a need for a lighted crosswalk that when a person presses a button, traffic has to stop at that location. Calligan stated her concern regarding the business owners on Pearl Street. There is not enough information on the site plan which indicates how traffic will be re-routed and how these business owners will be able to keep their business traffic coming thru the casino site. O Neill then stated that one of the purposes of having a casino in the downtown area is to revitalize the area and promote all business in and around the casino, not just the casino itself. Godwin questioned staff on what the traffic control would be on 4 th Street and Pearl Street. Jeff Hanson stated that at this time the design of the intersection does not include a signalized intersection, it would be a stopped controlled intersection. Godwin then asked if it would be a four way stop. Jeff Hanson stated it s currently designed as a four way stop. Godwin commented on the drop off lane on the east entrance. Jonas Payne representing Sioux City Entertainment, Henderson, NV stated that they discussed the traffic speed heading eastbound on 3 rd Street with their traffic engineering consultant and they did not have any concerns with it. He also stated that their traffic engineering consultant felt that a crosswalk with flashing lights was more than adequate for pedestrian crossing safety. Geary asked the petitioner if they were to leave Pearl Street opened, how many parking stalls would they lose. Jonas Payne responded and stated that if they have to comply with a ROW width of sixty feet plus sidewalks they would lose between forty and fifty parking stalls. Paul Stensland 616 Coniston Cir, Sergeant Bluff, IA stated that he is in favor of the project however; he is concerned about Pearl Street being closed. He also stated that he is a Civil Engineer and has been involved in many projects around the city. Stensland stated he believes the developer can leave Pearl Street opened and still make the project work. Dan Moore, Attorney for Sioux City Entertainment 501 3rd Street Suite 300, Sioux City IA spoke on behalf of the petitioner stating that the closing of Pearl Street was critical to the entire development and this was known from the beginning of the process. After Sioux City Entertainment carefully studied Pearl Street, they have come up with an excellent compromise that would allow the thruway to stay open and be safe for patrons as well as the public. Godwin addresses Mr. Moore with stating a sidewalk on the north/south drive going through to accommodate pedestrians coming from the events center walking to Pearl Street. Godwin stated that people are going to walk that route/area because of the events at the Tyson Events Center.

45 Dan Moore responded with a question to Godwin asking if he doesn t think that pedestrians would use the sidewalk that was proposed along the east façade of the casino. Godwin stated no. Pedestrians will take the straight route. Walt Fales stated that they could accommodate a sidewalk; it just wouldn t be a raised sidewalk. Paul Taylor, 45 Ridgeview Rd, Sioux City, IA spoke against the closing of Pearl Street. Once in executive session Ross directed a question at city staff. Ross stated that he is struggling with requiring Pearl Street to remain open due to it being an inefficient use of space. Ross stated he would like to be flexible with the petitioner. He stated that the only thing that would make him feel satisfied is to allow Pearl Street to become privately owned in order to minimize the risk and to not have any city parking on either side, remove the speed humps, remove the roundabout in order to create something that will be used by members of the public to get from place to place. Ross asked if there would be safety issues if they remove the speed humps and the roundabout. Godwin stated that he does not see a problem with removing the speed humps and roundabout because there is a restriction of width that will be a slowing element for traffic as well as allow for sidewalks. O Neill addressed Ross and Godwin asking if they were both in favor of vacating Pearl Street, removing the speed humps and roundabout. Ross and Godwin both stated that they are in favor. O Neill then stated that she is not in favor of vacating Pearl Street. Geary stated that vacating Pearl Street doesn t seem to be the best option to him and he understands that the first agenda item on this project is the vacation of Pearl Street. He questioned staff asking if it would be better to vacate everything except Pearl Street in order to keep control of the ROW while the petitioner and staff work on searching for a better compromise that everyone agrees on. Justin Vondrak responded stating if the Commission would vote to vacate Pearl Street they would still have to approve the site plan and if there are changes they would like to see on it, they could direct the petitioner to return showing their recommendations on a revised site plan. Justin Vondrak also stated that if the Commission does not vote to vacate Pearl Street at tonight s meeting, the petitioner may have to come back with a revised site plan at a future time. Geary responded to Vondrak s comment asking if his inkling was to remove the vacation of Pearl Street from the site plan, would they have to come back with a revised site plan although he agrees with the entire site plan with the exception the Pearl Street vacation. Vondrak then responded clarifying what he had previously stated, stating that the Commission would have to give the petitioner direction on a site plan to take to the City Council. Chris Madsen then stated that removing the vacation of Pearl Street will drastically change the preliminary plat as it shows Pearl Street being part of lot one. The preliminary plat would then have to be revised to represent a through street in the area. Godwin then stated that the Pearl Street thru-way design as presented would be functional with some minor modifications. Calligan stated that once Pearl Street is vacated the City will not have any control over traffic moving through the area. Calligan also stated that compromise in front of them shows giving up the ownership of Pearl Street and at that point the petitioner can do what they want with it. Jeff Hanson stated that the petitioner would have to come back with a modified site plan if there any changes being implemented as the area is a casino overlay which requires approval of the site plan by both the Commission and the council. O Neill stated she is concerned for the people who purchased and restored buildings on Pearl Street for their business. Having the street vacated will impact these businesses in a negative way because the street will then become a parking lot. Jeff Hanson stated to the Commission that the proposed development agreement that is scheduled to be heard by the City Council on June 3, 2013 does include language that requires

46 this proposed thru-way to remain on the site in its entirety until it s either changed by site plan or by development agreement. Godwin asked staff to comment on what they think about the removal of the speed humps and the roundabout. Jeff Hanson stated that staff is comfortable if a design is proposed that shows a reduced width or other traffic calming devices other than speed humps or the traffic circle. Justin Vondrak addressed the Commission to clarify confusions with the legal descriptions on a few of the tracts for this item. Everything that Chris Madsen has shown, Water Street between 3 rd Street and 4 th Street the parcels known as exhibit four abutting 3 rd Street as well as the alley that s between 4 th Street and Wesley Parkway ROW are graphically correct on the maps presented at tonight s meetings. 1 st Motion on Agenda Item Geary moved to vacate all of the mentioned streets except for Pearl Street between 3rd Street and 4th Street. Geary then withdrew his motion. Godwin (Ross) moved to recommend to the City Council approval of this item for all of the graphically represented rights of way. Motion Failed (Yes: Ross, Godwin/ No: Calligan, O Neill, Geary / Abstained: Stewart, Krage) 2 nd Motion on Agenda Item Geary (Calligan) moved to recommend to the City Council to vacate all graphically represented rights of way except for Pearl Street bounded by 3 rd Street and 4 th Street. Motion Carried (Yes: Calligan, Ross, Godwin, O Neill, Geary/ No: 0 / Abstained: Stewart, Krage)

47 ATTACHMENT E

48

49 APPLICATION

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