City of Sergeant Bluff, Iowa - ORDINANCE NO. 755

WHEREAS, HRW Holdings, LLC and Serenity Point, LLC have jointly filed a request for a zoning change for an area of property currently zoned as AR (Agricultural Residential); and

WHEREAS, following notice published pursuant to Iowa Code Sections 362.3 and 414.4, a public hearing was held during the Planning & Zoning meeting on the 5th day of September, 2024, at which parties in interest and citizens had an opportunity to be heard on the proposed change; and

WHERAS, Planning and Zoning has considered this petition and has recommended that the Council approve the requested change following modifications to the area; and

WHEREAS, the area recommended by the Planning and Zoning Commission for change in zoning classification is legally described as follows: 

A PARCEL OF LAND IN THE SE1/4  SW1/4 SECTION 32 T-88-N, R-47-W OF THE 5TH PRINCIPAL MERIDIAN,  CITY OF SERGEANT BLUFF, WOODBURY COUNTY, IOWA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING  AT THE S1/4 CORNER OF SAID SECTION 32-88-47 THENCE N88°48'55"W (AN ASSUMED BEARING) ALONG THE SOUTH LINE OF THE SW1/4  FOR 648.22 FEET; THENCE N1°17'21"E FOR 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N1°17'21"E FOR 863.37 FEET TO THE SOUTHERLY LINE OF LOT 32, SERENITY POINT FIRST ADDITION; THENCE S42°32'39"W FOR 399.28 FEET TO THE SOUTH CORNER OF LOT 29, SERENITY POINT FIRST ADDITION; THENCE N27°13'09"W ALONG THE WEST LINES OF LOTS 29 AND 28, SERENITY POINT FIRST ADDITION FOR 382.16 FEET TO THE WEST CORNER OF LOT 28, SERENITY POINT FIRST ADDITION; THENCE S89°21'07"W FOR 155.00 FEET TO THE EASTERLY ROW LINE OF SOUTH LEWIS BLVD.; THENCE S27°12'17"E ALONG SAID EASTERLY ROW LINE FOR 1017.20 FEET TO THE NORTH ROW LINE OF 220TH STREET; THENCE S88°48'55"E ALONG SAID NORTH ROW LINE FOR 115.33 FEET TO THE POINT OF BEGINNING.

SAID DESCRIPTION CONTAINS 5.58 ACRES MORE OR LESS AND IS SUBJECT TO EASEMENTS OF RECORD.

WHEREAS, following notice published pursuant to Iowa Code Sections 362.3 and 414.4, a public hearing was conducted at the City Council’s regular meeting on the 10th day of September, 2024; and 

WHEREAS, it is in the best interests of the City to approve the requested change to the zoning classification for the property.

NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Sergeant Bluff, Iowa:

SECTION 1.  ZONING MAP MODIFIED.    

The current Zoning Map of the City of Sergeant Bluff, Iowa is amended to show the following legally described property as changed from AR (Agricultural Residential) to BG (General Business):

A PARCEL OF LAND IN THE SE1/4  SW1/4 SECTION 32 T-88-N, R-47-W OF THE 5TH PRINCIPAL MERIDIAN,  CITY OF SERGEANT BLUFF, WOODBURY COUNTY, IOWA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING  AT THE S1/4 CORNER OF SAID SECTION 32-88-47 THENCE N88°48'55"W (AN ASSUMED BEARING) ALONG THE SOUTH LINE OF THE SW1/4  FOR 648.22 FEET; THENCE N1°17'21"E FOR 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N1°17'21"E FOR 863.37 FEET TO THE SOUTHERLY LINE OF LOT 32, SERENITY POINT FIRST ADDITION; THENCE S42°32'39"W FOR 399.28 FEET TO THE SOUTH CORNER OF LOT 29, SERENITY POINT FIRST ADDITION; THENCE N27°13'09"W ALONG THE WEST LINES OF LOTS 29 AND 28, SERENITY POINT FIRST ADDITION FOR 382.16 FEET TO THE WEST CORNER OF LOT 28, SERENITY POINT FIRST ADDITION; THENCE S89°21'07"W FOR 155.00 FEET TO THE EASTERLY ROW LINE OF SOUTH LEWIS BLVD.; THENCE S27°12'17"E ALONG SAID EASTERLY ROW LINE FOR 1017.20 FEET TO THE NORTH ROW LINE OF 220TH STREET; THENCE S88°48'55"E ALONG SAID NORTH ROW LINE FOR 115.33 FEET TO THE POINT OF BEGINNING.

SECTION 2.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.  In all other respects, The Code of Ordinances of the City of Sergeant Bluff shall remain in effect.  

SECTION 3.  SEVERABILITY CLAUSE.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.  

SECTION 4.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage and approval and publication as provided by law.

Passed by the City Council of the City of Sergeant Bluff on the 8th day of October 2024, and approved this 8th day of October, 2024.

MAYOR /MAYOR PRO TEM

Attest:

CITY CLERK 

First Reading:9/10/2024Vote for passage: 4-1

Second Reading: 9/24/2024Vote for passage: 5-0

Third Reading: 10/8/2024Vote for passage: 5-0

Passed, Approved, and Adopted

I, Danny Christoffers, City Clerk, certify that the foregoing was published as Ordinance No. 755 on the 17th day of October, 2024.

CITY CLERK