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 May 22, :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 vacation of the north/south alley in the block bounded by 19 th Street, Nebraska Street, 20 th Street, and Jackson Street. Agenda Item : Requested Planning and Zoning Commission approval of the finish materials on property located at 3107 Northbrook Drive. 3. Other Business a. Report by the Chair regarding Planning and Zoning items at the City Council meeting. b. Other items brought forward by the Commission and / or staff. c. Approval of the minutes of the May 8, 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. Hearings Agenda Item : Requested conditional use permit pursuant to Municipal Code Section for the property located at 4301 Stone Avenue. Agenda Item : Requested conditional use permit pursuant to Municipal Code Section for the property located at 1000 Riverside Boulevard. 3. Other Business a. Other items brought forward by the Board and / or staff. b. Approval of the minutes of the April 24, 2018 meeting. 4. 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, May 22, 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, Sioux City Community School District, requests the vacation of the north/south alley in the block bounded by 19 th Street on the south, Nebraska Street on the west, 20 th Street on the north, and Jackson Street on the east. The School District wishes to add the alley to their property as part of the Hunt School project. A general area map is 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 planzone@sioux-city.org. Your Name: Agenda Date: _5/22/2018 Address: Agenda Item No. : Your Comments Regarding This Item:

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5 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR PLANNING COMMISSION ACTION MEETING DATE: May 22, 2018 ACTION ITEM # FROM: Chris Madsen, Senior Planner SUBJECT: Requested vacation of the north/south alley in the block bounded by 19 th Street, Nebraska Street, 20 th Street, and Jackson Street. (Petitioner: Sioux City Community School District). (File No ). Reviewed By: Department Director Finance Department City Attorney City Manager RECOMMENDATION: Staff: 1) Approval of the subject vacation, based on the following findings; Findings of Fact: 1) The vacation will allow work to begin on the Hunt School project. 2) The project area will include an access drive to the site. 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. ATTACHMENTS: Attachment A: General Area Map Attachment B: Notification Map Attachment C: Photos / Aerial Views Attachment D: Application

6 BACKGROUND REPORT: The City has received a request from the Sioux City Community School District, petitioner, to vacate a 4,800 square foot tract of land located in the block bounded by 19 th Street, Nebraska Street, 20 th Street, and Jackson Street. The proposal will allow for the development of the new Hunt School. A general area map is enclosed for your review. ANALYSIS: As stated, the petitioner is requesting vacating the north/south alley in the block bounded by 19 th Street, Nebraska Street, 20 th Street, and Jackson Street. The petitioner would like to develop a new elementary school on the site. On January 23, 2018 the Planning and Zoning Commission approved a site plan for the development of a new school on the Hunt Elementary School site. That site plan showed an access drive along this portion of alley being requested for vacation. The petitioner is currently demolishing homes on the properties adjacent to the alley, and would like to begin Phase 1 of the school project that would include the subject alley. The Sioux City Community School District owns all of the adjacent properties. The proposal does not include vacating 20 th Street, the north south alley in the block between 20 th Street and 21 st Street, or rezoning the properties that the School District has purchased. These items will need to be completed before additional phases of the Hunt School project can be started. EXISTING ZONING AND LAND USE: NC.3, NC.4, & PI ; Single Family Residential and Hunt School EXISTING ZONING REQUIREMENTS: The NC.3 district is meant for a mixture of single-family detached and single-family attached dwellings on small lots. The PI district is meant for public, semi-public, and institutional land uses that are unique in nature and scale and thus, most appropriate in their own district and subject to their own standards. PROPOSED ZONING REQUIREMENTS: N/A SURROUNDING ZONING AND LAND USE: North: NC.3 ; Single Family Residential South: PI ; Diocese of Sioux City East: NC.4 ; Single Family Residential West: PI ; First United Methodist Church DEPARTMENT COMMENTS MidAmerican Energy Electric: We have an existing overhead line that runs down the alley and will require easement to maintain that line. We re currently working with the school district to move it. If they do elect to have it moved we would no longer need the easement. MidAmerican Energy Gas: Existing service to the school is in the alley. If the service is to be demo d there would be no conflicts. Otherwise we would need language to maintain that easement.

7 COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as Institutional. Institutional is defined as areas that consist of public and semi-public land uses including government centers and facilities, educational facilities, and other public uses and places. It can include places of worship, hospitals, private schools, libraries, and cemeteries. URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is located in the Pierce Street Urban Renewal District. SUBAREA / CORRIDOR PLAN: The subject property is located in the Pierce Corridor Plan. FLOOD PLAIN: The subject property is not located in a flood plain. CITIZEN RESPONSE: Fourteen (14) notices were sent within the required timeframe. No responses were received.

8 ATTACHMENT A GENERAL AREA MAP

9 ATTACHMENT B NOTIFICATION MAP

10 ATTACHMENT C View Looking North View looking South SITE PHOTOS

11 ATTACHMENT D

12 APPLICATION

13 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, May 22, 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, Bacon Creek Design Inc., requests Planning and Zoning Commission approval of the finish materials on property located at 3107 Northbrook Drive. The petitioner is requesting using a corrugated metal panel. A general area map and elevation 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 planzone@sioux-city.org. Your Name: Agenda Date: _5/22/2018_ Address: Agenda Item No. : Your Comments Regarding This Item:

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15 FAÇADE RENDERING

16 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR PLANNING COMMISSION ACTION MEETING DATE: May 22, 2018 ACTION ITEM # FROM: Chris Madsen, Senior Planner SUBJECT: Requested Planning and Zoning Commission approval of the finish materials on property located at 3107 Northbrook Drive. (Petitioner: Bacon Creek Design Inc.). (File No ). Reviewed By: Department Director Finance Department City Attorney City Manager RECOMMENDATION: Staff: 1) Approval of the subject finish materials, based on the following findings; Findings of Fact: 1) The corrugated metal siding is allowed subject to Planning and Zoning Commission approval. 2) The proposal meets the 60% decorative material requirement. 3) Corrugated metal siding is a common finish material in the Northbrook Business Park. 4) 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: Façade Rendering Attachment C: Application

17 BACKGROUND REPORT: The City has received a request from Bacon Creek Design Inc., petitioner for approval of finish materials on the property at 3107 Northbrook Drive. The petitioner is requesting corrugated metal siding on the proposed structure. ANALYSIS: The petitioner is proposing building a new structure on the property located at 3107 Northbrook Drive. The petitioner has a building that he wishes to place on the site that includes limited building materials. Per the Municipal Code: Limited Materials. Materials that may be used for exterior wall, siding, or cladding with the approval of the Planning and Zoning Commission. The preferred use of limited materials shall be as an accent material and not used as a dominant building material. a. Prefabricated metal wall panels; b. Corrugated or ribbed metal panel; c. Smooth-faced, unfinished concrete block; and d. Metal siding. The petitioner meets the design standards requirement on the south-facing façade; using a brick material, overhead doors, window, and walk door. The remaining three facades do not face a street or parking, and the Code would allow 100% standard materials. The petitioner is proposing to use corrugated metal on these facades, which requires Planning and Zoning Commission approval. Staff would recommend approval of the proposed building façade treatments. The petitioner is meeting the 60% decorative material threshold on the south facade of the building, and the proposed limited material of corrugated metal siding is common in the other Northbrook Business Park building façades. EXISTING ZONING AND LAND USE: BP ; Vacant EXISTING ZONING REQUIREMENTS: The BP district is meant for an office, research, and technology park with enhanced site and building standards to create a high quality, campus-like employment center. This district may also provide for heavy commercial and light industrial uses provided their operations are conducted indoors and on-site storage and truck traffic is limited. SURROUNDING ZONING AND LAND USE: North: BP ; Vacant Land South: BP ; Yamaha East: BP ; Vacant Land West: BP ; A-OX Welding Supply DEPARTMENT COMMENTS No comments. COMPREHENSIVE PLAN: The Comprehensive Plan shows this area as Industrial. Industrial is defined as areas with the most intense use of land because of operational impacts or functions. These areas provide employment opportunities and may be located along major transportation facilities. It is

18 intended that these uses should be located in established viable locations such as existing business / industrial parks. 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.

19 ATTACHMENT A GENERAL AREA MAP

20 ATTACHMENT B FAÇADE RENDERING

21 ATTACHMENT C

22 APPLICATION

23 NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT SIOUX CITY, IOWA You are hereby notified that the Sioux City Board of Adjustment will consider the item identified below at a public hearing to be held on Tuesday, May 22, 2018, at 4:30 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. 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, Casey s Marketing Company, requests a conditional use permit pursuant to Municipal Code Section to sell alcohol and tobacco for offpremise consumption on the property located at 4301 Stone Avenue. The petitioner intends to sell alcohol and tobacco for consumption off-premise. A general area map is 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 at (712) , Fax (712) , or planzone@sioux-city.org. Your Name: Agenda Date: _5/22/2018_ Address: Agenda Item No. : Your Comments Regarding This Item:

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25 CITY OF SIOUX CITY BOARD OF ADJUSTMENT Meeting Date: May 22, 2018 Agenda Item No. FROM: Chris Madsen, Senior Planner SUBJECT: Requested conditional use permit pursuant to Municipal Code Section to sell alcohol and tobacco for off-premise consumption on the property located at 4301 Stone Avenue. (Petitioner: Casey s Marketing Company). (File No ). PURPOSE OF REQUEST: The City has received a request from Casey s Marketing Company, petitioner, for a conditional use permit from Municipal Code Section to allow for the sale of alcohol and tobacco for off-premise consumption on the property located at 4301 Stone Avenue. The petitioner wishes to sell hard liquor in the existing Casey s General Store. EXISTING ZONING: GC : General Commercial SURROUNDING ZONING AND LAND USE: North: GC ; Mid Step Services South: GC ; Stone Bru East: GC ; Super 8 West: PI ; Spaulding Park BACKGROUND: The petitioner is requesting to sell hard liquor in the Casey s General Store located at 4301 Stone Avenue. Beer and wine are currently sold for consumption off-premise, a legal-nonconforming use since the 1976 Zoning Ordinance did not require a Conditional Use Permit of beer and wine sales. The addition of hard liquor would expand the existing nonconforming use, and would require approval of a conditional use permit to bring the site into conformance with the 2015 Zoning Ordinance. The property is zoned General Commercial (GC), and the use of alcohol and tobacco sales are conditional in that zoning district. The standards for all conditional uses include: Alcoholic Beverage and Tobacco Sales, Offsite Consumption uses are allowed if it is demonstrated that: a. The property line of the proposed use is not located within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility; and b. The proposed use is not located within 300 feet of a school, public park, or place of assembly, measured in a straight line between the closest property lines, except that it may be located within 300 feet of a school, public park, or place of assembly: 1. When operated in conjunction with a grocery store, commercial retail store, or convenience store that has at least 14,000 square feet of gross floor area, provided the use: A. Does not occupy more than 10 percent of the gross floor area;

26 B. Conducts business during the same hours as a grocery store, commercial retail store, or convenience store; or 2. When alcoholic beverage and tobacco sales are integrated in a commercial retail center (developed under one roof) with a minimum of 14,000 square feet of gross floor area; provided the uses do not: A. Occupy more than five percent of the gross floor area of the commercial retail center; and B. Have an entrance or viewable window display that is within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility. c. The minimum distance requirements set forth in subsections 2(b) above may be reduced for stores having less than 14,000 square feet of gross floor area, by issuance of a conditional use permit if the following standards are met: 1. The subject property is located in the GC zoning district; 2. The subject property gains access from a street with a Federal Functional Classification of collector or greater as designated by the Urban Federal Functional Classification Map prepared by the Iowa Department of Transportation; 3. Any liquor store must be separated by at least one-fourth mile (1,320 feet) from any other liquor store; 4. The subject property is not located within 300 feet of a school, measured from the nearest property lines; 5. The subject property is not located within 150 feet of a residentially zoned or residentially used property, measured from the nearest property lines; 6. Alcoholic beverage and tobacco inventory not occupy more than 25 percent of the gross floor area. d. The minimum distance requirements set forth in subsections 2(b) above may be reduced for stores in the DC, HA-4, and HA-P zoning districts, subject to the following: 1. Liquor stores are only allowed subject to issuance of a conditional use permit. ATTACHMENTS: Attachment A: General Area Map Attachment B: Notification Map Attachment C: Application STANDARDS FOR CONDITIONAL USES: Section of the Municipal Code provides that the Board may grant a conditional use only if the following standards are found to be met: 1. That the proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the general plan, this title and, where applicable, the subdivision code; Staff comments: The subject property is located in a Mixed-Use Community district. A number of alcohol and tobacco sales have been permitted in the area previous to the adoption of the 2015 Zoning and Sign Code. These include Jim s Lounge at 4503 Stone Avenue and El Fredo Eastside Pizza at 4511 Stone Avenue.

27 2. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare. Staff comments: The property currently has adequate off-street parking and utility facilities. 3. That the proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. Staff comments: No changes are proposed for the site. 4. That the proposed building or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. Staff comments: Staff believe the proposed use will be served adequately by public services. 5. That the proposed building or use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance; Staff comments: The current building will not be altered by this request and will not impede on the historic significance of any other historic feature. 6. That the proposed building or use complies with all additional standards imposed on it by the provisions of the district in which such conditional use may be authorized Staff comments: The proposed use does not meet the Limited and Conditional Use standards as set out above, specifically the 300 foot requirement to a City park or place of assembly. The property is located 158 from Spaulding Park, and 117 feet from Bethel Baptist Church. The standards can be reduced by issuance of a conditional use permit. Those standards that would still apply are as follows: 1. The subject property is located in the GC zoning district; The subject property is zoned GC. 2. The subject property gains access from a street with a Federal Functional Classification of collector or greater as designated by the Urban Federal Functional Classification Map prepared by the Iowa Department of Transportation; Stone Avenue has an FFC classification of collector street. 3. Any liquor store must be separated by at least one-fourth mile (1,320 feet) from any other liquor store; The proposal would not be classified as a liquor store since less than 25% of the gross floor area will be devoted to alcohol sales. 4. The subject property is not located within 300 feet of a school, measured from the nearest property lines;

28 The property is located 568 feet from Spaulding Park School, and meets this requirement. 5. The subject property is not located within 150 feet of a residentially zoned or residentially used property, measured from the nearest property lines; The property is located 223 feet from the nearest residentially zoned property. 6. Alcoholic beverage and tobacco inventory not occupy more than 25 percent of the gross floor area. As stated above, the alcohol sales will not occupy more than 25% of the gross floor area. The liquor sales will include an additional shelving area approximately four (4) feet in length. Below is a photo example of the additional shelving that will be added. GENERAL CONSIDERATIONS: Section also provides that the Board shall consider the following in determining whether to grant a conditional use: 1. Whether, and to what extent, the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience or which will contribute to the general welfare of the neighborhood or community; Staff comments: As stated earlier, there are a number of other businesses in the vicinity that sell alcohol for consumption on-premise that were approved under the 1976 Zoning Ordinance. 2. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening. Staff comments: The subject property has operated as a retail / gas station use for a number of years, additionally, no entrances or windows are facing residential properties. CITIZEN RESPONSE: Sixteen (16) notices were sent within the required timeframe. No responses have been received.

29 ATTACHMENT A GENERAL AREA MAP

30 ATTACHMENT B NOTIFICATION MAP

31 ATTACHMENT C

32

33

34 APPLICATION

35 NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT SIOUX CITY, IOWA You are hereby notified that the Sioux City Board of Adjustment will consider the item identified below at a public hearing to be held on Tuesday, May 22, 2018, at 4:30 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. 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, Casey s Marketing Company, requests a conditional use permit pursuant to Municipal Code Section to sell alcohol and tobacco for offpremise consumption on the property located at 1000 Riverside Boulevard. The petitioner intends to sell alcohol and tobacco for consumption off-premise. A general area map is 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 at (712) , Fax (712) , or planzone@sioux-city.org. Your Name: Agenda Date: _5/22/2018_ Address: Agenda Item No. : Your Comments Regarding This Item:

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37 CITY OF SIOUX CITY BOARD OF ADJUSTMENT Meeting Date: May 22, 2018 Agenda Item No. FROM: Chris Madsen, Senior Planner SUBJECT: Requested conditional use permit pursuant to Municipal Code Section to sell alcohol and tobacco for off-premise consumption on the property located at 1000 Riverside Boulevard. (Petitioner: Casey s Marketing Company). (File No ). PURPOSE OF REQUEST: The City has received a request from Casey s Marketing Company, petitioner, for a conditional use permit from Municipal Code Section to allow for the sale of alcohol and tobacco for off-premise consumption on the property located at 1000 Riverside Boulevard. The petitioner wishes to sell hard liquor in the existing Casey s General Store. EXISTING ZONING: GC : General Commercial SURROUNDING ZONING AND LAND USE: North: GC ; Dollar General Store South: GC ; Unity Point Rehab Center East: GC ; Earl May West: PI ; Riverside Park BACKGROUND: The petitioner is requesting to sell hard liquor in the Casey s General Store located at 1000 Riverside Boulevard. Beer and wine are currently sold for consumption off-premise, a legalnonconforming use since the 1976 Zoning Ordinance did not require a Conditional Use Permit of beer and wine sales. The addition of hard liquor would expand the existing nonconforming use, and would require approval of a conditional use permit to bring the site into conformance with the 2015 Zoning Ordinance. The property is zoned General Commercial (GC), and the use of alcohol and tobacco sales are conditional in that zoning district. The standards for all conditional uses include: Alcoholic Beverage and Tobacco Sales, Offsite Consumption uses are allowed if it is demonstrated that: e. The property line of the proposed use is not located within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility; and f. The proposed use is not located within 300 feet of a school, public park, or place of assembly, measured in a straight line between the closest property lines, except that it may be located within 300 feet of a school, public park, or place of assembly: 1. When operated in conjunction with a grocery store, commercial retail store, or convenience store that has at least 14,000 square feet of gross floor area, provided the use: A. Does not occupy more than 10 percent of the gross floor area;

38 B. Conducts business during the same hours as a grocery store, commercial retail store, or convenience store; or 2. When alcoholic beverage and tobacco sales are integrated in a commercial retail center (developed under one roof) with a minimum of 14,000 square feet of gross floor area; provided the uses do not: A. Occupy more than five percent of the gross floor area of the commercial retail center; and B. Have an entrance or viewable window display that is within 200 feet from an NC, RR, SR, GR, UR, or SC District or an Institutional Residential Facility. g. The minimum distance requirements set forth in subsections 2(b) above may be reduced for stores having less than 14,000 square feet of gross floor area, by issuance of a conditional use permit if the following standards are met: 1. The subject property is located in the GC zoning district; 2. The subject property gains access from a street with a Federal Functional Classification of collector or greater as designated by the Urban Federal Functional Classification Map prepared by the Iowa Department of Transportation; 3. Any liquor store must be separated by at least one-fourth mile (1,320 feet) from any other liquor store; 4. The subject property is not located within 300 feet of a school, measured from the nearest property lines; 5. The subject property is not located within 150 feet of a residentially zoned or residentially used property, measured from the nearest property lines; 6. Alcoholic beverage and tobacco inventory not occupy more than 25 percent of the gross floor area. h. The minimum distance requirements set forth in subsections 2(b) above may be reduced for stores in the DC, HA-4, and HA-P zoning districts, subject to the following: 1. Liquor stores are only allowed subject to issuance of a conditional use permit. ATTACHMENTS: Attachment A: General Area Map Attachment B: Notification Map Attachment C: Application STANDARDS FOR CONDITIONAL USES: Section of the Municipal Code provides that the Board may grant a conditional use only if the following standards are found to be met: 1. That the proposed building or use will be in harmony with the general purpose, goals, objectives and standards of the general plan, this title and, where applicable, the subdivision code; Staff comments: The subject property is located in a Mixed-Use Community district. A number of alcohol and tobacco sales have been permitted in the area previous to the adoption of the 2015 Zoning and Sign Code. These include Dollar General at 1030 Riverside Boulevard and Fareway at 4040 War Eagle Drive.

39 2. That the proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety and general welfare. Staff comments: The property currently has adequate off-street parking and utility facilities. 3. That the proposed building or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. Staff comments: No changes are proposed for the site. 4. That the proposed building or use will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services. Staff comments: Staff believe the proposed use will be served adequately by public services. 5. That the proposed building or use will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance; Staff comments: The current building will not be altered by this request and will not impede on the historic significance of any other historic feature. 6. That the proposed building or use complies with all additional standards imposed on it by the provisions of the district in which such conditional use may be authorized Staff comments: The proposed use does not meet the Limited and Conditional Use standards as set out above, specifically the 300 foot requirement to a City park. The property is located 174 feet from Riverside Park. The property meets the requirement from a place of worship, as the site is 445 feet from the Sioux City West Congregation of Jehovah s Witnesses. The standards can be reduced by issuance of a conditional use permit. Those standards that would still apply are as follows: 7. The subject property is located in the GC zoning district; The subject property is zoned GC. 8. The subject property gains access from a street with a Federal Functional Classification of collector or greater as designated by the Urban Federal Functional Classification Map prepared by the Iowa Department of Transportation; Riverside Boulevard has an FFC classification of arterial street. 9. Any liquor store must be separated by at least one-fourth mile (1,320 feet) from any other liquor store; The proposal would not be classified as a liquor store since less than 25% of the gross floor area will be devoted to alcohol sales. 10. The subject property is not located within 300 feet of a school, measured from the nearest property lines;

40 The property is not located within 300 feet of a school. 11. The subject property is not located within 150 feet of a residentially zoned or residentially used property, measured from the nearest property lines; The property is located 1,200 feet from the nearest residentially zoned property. 12. Alcoholic beverage and tobacco inventory not occupy more than 25 percent of the gross floor area. As stated above, the alcohol sales will not occupy more than 25% of the gross floor area. The liquor sales will include an additional shelving area approximately four (4) feet in length. Below is a photo example of the additional shelving that will be added. GENERAL CONSIDERATIONS: Section also provides that the Board shall consider the following in determining whether to grant a conditional use: 1. Whether, and to what extent, the proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience or which will contribute to the general welfare of the neighborhood or community; Staff comments: As stated earlier, there are a number of other businesses in the vicinity that sell alcohol for consumption on-premise that were approved under the 1976 Zoning Ordinance. 2. Whether, and to what extent, all steps possible have been taken to minimize any adverse effects of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening. Staff comments: The subject property has operated as a retail / gas station use for a number of years, additionally, no entrances or windows are facing residential properties. CITIZEN RESPONSE: Eight (8) notices were sent within the required timeframe. No responses have been received.

41 ATTACHMENT A GENERAL AREA MAP

42 ATTACHMENT B NOTIFICATION MAP

43 ATTACHMENT C

44

45

46 APPLICATION