ORDINANCE NO. 2023 - 351
AN ORDINANCE AMENDING THE KALONA ZONING ORDINANCE MAP BY ACCEPTING THE REZONING APPLICATION FOR INCLINE GROVE PHASE 2 AND 3 SUBDIVISION IN SOUTHTOWN SUBMITTED BY MOYNA HOLDINGS, INC. TO REZONE ROUGHLY 15.06 ACRES FROM
A-1 (AGRICULTURE) TO R-1 (SINGLE FAMILY)
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF KALONA, IOWA, AS FOLLOWS:
SECTION 1. PURPOSE. The purpose of this Ordinance is to amend the Kalona Zoning Ordinance and rezone Incline Grove Subdivision in Southtown, summited by Moyna Holdings, Inc.
SECTION 2. CHANGE OF CLASSIFICATION. The zoning classification of the following tax described real estate, to wit:
The legal description of the proposed areas of change are:
LEGAL DESCRIPTION – 15.06 Acres from A-1 to R-1
BEING A PART OF THE SOUTHEAST ¼ (SE ¼) OF THE SOUTHEAST ¼ (SE 1.4) OF SECTION 19, TOWNSHIP 77 WEST, RANGE 07 NOTH OF THE 5TH P.M., WASHINGTON COUNTY, IOWA DESCRIBED AS:
BEING AT A POINT OF THE CENTER OF THE RIGHT OF WAY LINE OF NUTMEG AVENUE AND THE SOUTHEAST CORNER OF LOT 9 OF INCLINE GROVE ESTATES, THENCE 89 29’44” W, 445.96 FEET; THENCE N 00 30’ 16” W, 339.67 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE 87 16’ 26” W, 436.46 FEET; THENCE S 00 30’ 16” E, 923.66 FEET; THENCE N 80 09 23” E, 825.31 FEET; THENCE N 05 34’ 10: E, 245.77 FEET; THENCE N 04 30’ 04” E, 352.99 FEET TO THE POINT OF BEGINNING
DESCRIBED AREA CONTAINS 15.06 ACRES AND IS SUBJECT TO EASEMENT AND OTHER RESTRICTIONS OF RECORDS.
SECTION 4. OFFICIAL ZONING MAP. The portion of the official Zoning Map maintained in accordance with Section 165.04 of the Kalona Zoning Ordinance as pertains to the real estate described in Section 2 of the Ordinance is hereby repealed and amended to reflect the foregoing change of classification.
SECTION 5. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 6. SEVERABILITY. If any section or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole, or any sections, provisions, or part thereof not adjudged invalid or unconstitutional.
SECTION 7. WHEN EFFECTIVE. This ordinance shall be in effect upon its final passage, approval, and publication as provided by law.
PASSED AND APPROVED by the City Council on the 4 day of December, 2023.
ATTEST: MARK ROBE, Mayor
SARAH CHMELAR, City Clerk
It was moved by Bender, and seconded by G Schmidt, that the foregoing ordinance be adopted, and upon roll call vote there were:
1ST CONSIDERATION: Yes – 5 No - 0
2ND CONSIDERATION: Waived and moved to final reading.
3RD CONSIDERATION: Yes – 5 No – 0
Published in The News, Thursday, December 14, 2023 L- 105
