City of Sergeant Bluff, Iowa - ORDINANCE NO. 754

AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SERGEANT BLUFF, IOWA 

WHEREAS, Kwik Trip Inc. and Baker Prairie Bluff, LLC have jointly filed a request for a zoning change for an area of property currently zoned as Residential PUD; and

WHEREAS, Kwik Trip, Inc. is purchasing a portion of the property from Baker Prairie Bluff, LLC. for development of a new convenience store, gas station, and public street; and

WHEREAS, Baker Prairie Bluff, LLC. will own the remainder of the property and intends to market and/or develop the remaining property into commercial use; 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 6th day of August, 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: 

AN AREA IN THE SE1/4  SE1/4 SECTION 30 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 SE1/4 CORNER OF SAID SECTION 30-88-47 THENCE S89°34'28"W (AN ASSUMED BEARING) ALONG THE SOUTH LINE OF THE SE1/4  FOR 849.40 FEET; THENCE  N0°33'04"W FOR 49.75 FEET TO THE NORTH ROW LINE OF 1ST STREET; THENCE  N0°22'45"W FOR 152.03 FEET; THENCE S89°50'27"E FOR 77.89 FEET TO THE POINT OF BEGINNING;  THENCE N89°32'59"E FOR 74.46 FEET; THENCE N89°37'26"E FOR 100.05 FEET; THENCE N0°18'02"E FOR 98.52 FEET; THENCE N89°16'28"E FOR 125.30 FEET TO THE WEST ROW LINE OF PRAIRIE BLUFF DRIVE; THENCE N0°27'04"W FOR 59.99 FEET; THENCE N89°24'57"E FOR 20.83 FEET TO THE WEST ROW LINE OF PRAIRIE BLUFF DRIVE; THENCE N0°42'14"E FOR 10.05 FEET ALONG SAID WEST ROW LINE; THENCE CONTINUING N0°42'14"E FOR 56.57 FEET ALONG SAID WEST ROW LINE; THENCE ALONG A CURVE CONCAVE EASTERLY, AN ARC LENGTH OF 51.60 FEET, A RADIUS OF 155.00 FEET AND A CHORD OF N10°17'05"E FOR 51.36 FEET ALONG SAID WEST ROW LINE; THENCE N52°32'04"W FOR 169.68 FEET; THENCE N81°05'32"W FOR 143.65 FEET; THENCE S80°26'33"W FOR 141.42 FEET; THENCE N89°25'26"W FOR 14.04 FEET; THENCE S0°16'41"E FOR 80.11 FEET; THENCE N89°48'26"E FOR 22.60 FEET; THENCE S0°15'16"E FOR 159.20 FEET; THENCE S28°08'33"E FOR 160.57 FEET TO THE POINT OF BEGINNING.

SAID DESCRIPTION CONTAINS 2.97 ACRES MORE OR LESS.

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 13th day of August, 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 PUD (Residential) to BG (General Business):

AN AREA IN THE SE1/4 SE1/4 SECTION 30 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 SE1/4 CORNER OF SAID SECTION 30-88-47 THENCE S89°34'28"W (AN ASSUMED BEARING) ALONG THE SOUTH LINE OF THE SE1/4  FOR 849.40 FEET; THENCE  N0°33'04"W FOR 49.75 FEET TO THE NORTH ROW LINE OF 1ST STREET; THENCE  N0°22'45"W FOR 152.03 FEET; THENCE S89°50'27"E FOR 77.89 FEET TO THE POINT OF BEGINNING;  THENCE N89°32'59"E FOR 74.46 FEET; THENCE N89°37'26"E FOR 100.05 FEET; THENCE N0°18'02"E FOR 98.52 FEET; THENCE N89°16'28"E FOR 125.30 FEET TO THE WEST ROW LINE OF PRAIRIE BLUFF DRIVE; THENCE N0°27'04"W FOR 59.99 FEET; THENCE N89°24'57"E FOR 20.83 FEET TO THE WEST ROW LINE OF PRAIRIE BLUFF DRIVE; THENCE N0°42'14"E FOR 10.05 FEET ALONG SAID WEST ROW LINE; THENCE CONTINUING N0°42'14"E FOR 56.57 FEET ALONG SAID WEST ROW LINE; THENCE ALONG A CURVE CONCAVE EASTERLY, AN ARC LENGTH OF 51.60 FEET, A RADIUS OF 155.00 FEET AND A CHORD OF N10°17'05"E FOR 51.36 FEET ALONG SAID WEST ROW LINE; THENCE N52°32'04"W FOR 169.68 FEET; THENCE N81°05'32"W FOR 143.65 FEET; THENCE S80°26'33"W FOR 141.42 FEET; THENCE N89°25'26"W FOR 14.04 FEET; THENCE S0°16'41"E FOR 80.11 FEET; THENCE N89°48'26"E FOR 22.60 FEET; THENCE S0°15'16"E FOR 159.20 FEET; THENCE S28°08'33"E FOR 160.57 FEET TO THE POINT OF BEGINNING.

SAID DESCRIPTION CONTAINS 2.97 ACRES MORE OR LESS.

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 13th day of August 2024, and approved this 13th day of August, 2024.

MAYOR /MAYOR PRO TEM

Attest:

CITY CLERK 

First Reading:8/14/2024

Vote for passage: 5-0

Second Reading: WaivedVote for passage: 5-0

Third Reading: Waived

Vote for passage: 5-0

Passed, Approved, and Adopted

I, Danny Christoffers, City Clerk, certify that the foregoing was published as Ordinance No. 754 on the 22nd day of August, 2024.

CITY CLERK