ORDINANCE NO. 1037 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PELLA, IOWA, BY CONDITIONALLY AMENDING THE BOUNDARIES OF THE CC DISTRICT TO INCLUDE THE PROPERTY GENERALLY LOCATED at 2103 Washington street AND DIRECTING THE ZONING ADMINISTRATOR TO NOTE THE ORDINANCE NUMBER AND DATE OF THIS CHANGE ON THE OFFICIAL ZONING MAP
WHEREAS, Iowa Code Section 414.5 allows the City Council to impose reasonable conditions on a property owner as part of a rezoning request; and WHEREAS, such conditions must be agreed to in writing, prior to the time of the public hearing regarding the proposed rezoning; and WHEREAS, the City Council of the City of Pella finds that a conditional rezoning of this property is appropriate and reasonable to satisfy the public needs that are directly caused by the requested rezoning; and
WHEREAS, the property owner has agreed to these conditions in writing,
NOW, THEREFORE, be it enacted by the City Council of the City of Pella, Iowa:
SECTION 1. ZONING AMENDMENT. The official zoning map of the City of Pella, Iowa, is hereby amended by conditionally amending the boundaries of the CC District to include a parcel of land owned by BBG Investments LLC, generally located at 2103 Washington Street and legally described in Exhibit A, that lies within the zoning jurisdiction of the City of Pella, Iowa, and Marion County, Iowa, from its current classifications of M1 (Limited/Light Industrial) to CC (Community Commercial). The Zoning Administrator is directed to amend the Official Zoning Map to indicate said changes. This rezoning is subject to the following conditions: A plat of survey for this property shall be filed within 12 months of the date of approval of this Ordinance. The plat of survey shall divide the CC zoned property from the M1 zoned property. These conditions are hereby agreed to by the undersigned property owner.
Charlie Daughtery
SECTION 2. NOTATION. The Zoning Administrator shall hereby record the ordinance number and date of passage of this Ordinance on the Official Zoning Map
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SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 4. 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 5. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.
First reading passed: March 19, 2024; second reading passed: April 2, 2024; third reading waived.
Passed and adopted this this 2nd day of April, 2024.
Donald DeWaard, Mayor
ATTEST: Mandy Smith, City Clerk
Exhibit A LEGAL DESCRIPTION: A part of parcel ‘E’ of the plat of survey recorded in Book 253, page 357 being in the southwest quarter of Section 4, Township 76 North, Range 18 west of the 5th P.M., City of Pella, Marion County, Iowa and more particularly described as follows:
Beginning at the southwest corner of said Parcel ‘E’; thence north 05°58’22” west along the west line of said Parcel ‘E’ 514.71 feet to the northwest corner of said Parcel ‘E’; thence north 89°23’07” east along the north line of said Parcel ‘E’, 327.82 feet; thence south 00°01’04” east, 516.25 feet to the south line of said Parcel ‘E’; thence north 89°49’49” west along said south line, 274.40 feet to the point of beginning and containing 3.55 acres (154,828 square feet).
