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Home My WebLink About5739-12.18.2023 (RECORDED) Page 1 of 4 l lllllll l lll�111 l l l l l l l ll 1 1 1 ll 1 1 1 ll 1 1 1 ll l ll ll f lllf ll�l lllll 1 1 1 ll l l ll l l 111 ll ll Doc ID: 012060000004 Type: GEN Recorded: 01/11/2024 at 11:49:52 AM Fee Amt: $22.00 Pape 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2 02 4-0000 8 8 5 5 y/ Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry.Street, Waterloo,IA 50703,(319)291-4323. ORDINANCE NO.5739 . AN ORDINANCE AMENDMENT TO ORDINANCE NO. 5079, AS AMENDED, CITY OF WATERLOO ZONING ORDINANCE,BY AMENDING THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 104-4, APPROVING A REQUEST BY CASTLE STORAGE WATERLOO NO.ONE TO REZONE APPROXIMATELY 5.87 ACRES ,FROM "A-1" AGRICULTURAL DISTRICT AND "R-2,C-Z" CONDITIONAL ZONING DISTRICT TO "C-2,C-Z" CONDITIONAL ZONING DISTRICT TO ALLOW FOR OUTSIDE STORAGE AT 2551 LOGAN AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That the request of Castle Storage Waterloo No. One, to amend the official zoning map referred to in Section 10-44 of Ordinance No. 5079 as amended, City of Waterloo Zoning Ordinance to rezone approximately 5.87 acres from"A-l"Agricultural District and"R- 2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District, to allow for outside storage at 2551 Logan Avenue,and legally described as follows: UNPLATTED WATERLOO EAST S 10 A SE NE EXC S 125.5 FT & EXC HWY SEC 11 T 89 R 13 shall be and is hereby approved,subject to the conditions provided in the attached"Conditions of Zoning"agreement dated November 21,2023,which is by this reference incorporated herein. INTRODUCED: December 18,2023 PASSED 1st CONSIDERATION: December 18,2023 PASSED 2nd CONSIDERATION: December 18,2023 PASSED 3rd CONSIDERATION: December 18,2023 PASSED AND ADOPTED this 18th day of December 2023. nl�'EE' Quentin Hart,Mayor ATTEST: Y,effe Felchfe SIGNED Kelley Felchle,City Clerk Ga.uoz �aa� � Page 2 of 4 i Ordinance No.5739 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5739 as passed and adopted by the City Council of the City of Waterloo,Iowa,on the 181h day of December 2023. Witness my hand and seal of office this 181h day of December 2023. belle Felchle SIGNED Kelley Felchle,City Clerk SEAL �S �� 0 Page 3 of 4 Prepared By and Return To:Aric A.Schroeder.City of Waterloo.715 Mulberry Street.Waterloo,7A 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS,the owners ofproperty in the City of Waterloo currently zoned"A-l"Agricultural District and"R- 2,C-Z"Conditional Zoning District requested to be zoned"C-2,C-Z"Conditional Commercial District,generally located at 2551 Logan Avenue,and leggally described as(hereinafter"Property"): UNPLATTED WATERLOO EAST S 10 A SE NE EXC S 125.S FT&EXC HWY SEC 11 T 89 R 13 HEREBY agree to the following conditions on the above-described Property: I. No less than C high solid screening of the parking area and storage areas from adjoining properties to the north and south,consisting of a solid fence or chain link fence with slats to screen the area from view, 2. Outside storage is only allowed within the areas west and south of the westerly two existing storage buildings. 3. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots.Other areas for campers,trailers,etc.,can be of other material;however,they must be maintained to a dust-free surfacing,such as seal coat or recycled asphalt. 4. A formal site plan and drainage plan be submitted to the Engineering Department and executed. 5. The site may be used for any use permitted in the"C-2"Commercial District,except that no Alcohol Sales or Adult Entertainment will be allowed at the site. NOW THEREFORE,it is agreed by the owners that any proposed change in the use or conditions of the Property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission for its recommendation to the City Council who will review and approve the proposed change to the above-described Property. These conditions have been placed on the above-described Property for the purpose of complying with the regulations and policies of the City of Waterloo. Asa result of said covenant,I(we)herein declare that the conditions shall govern the entire Property as described above,which restrictions shall run with the land and be binding on the successors,heirs and assigns,and herein agree: 1)that these conditions shall not prohibit the division or subdivision of said Property in compliance with the City of Waterloo Zoning Ordinance No.5079 as amended and the City of Waterloo Subdivision Ordinance No.2997 as amended,however each subdivided part thereof shall be subject to the terms of these conditions,2)that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. It is further understood that these conditions shall not be deemed a limitation or repeal of any other conditions,restrictions,or covenants placed on the above-described Property. Agreed to this of I day of kJ 2023 7 op 0 e}sn ez licant Cas Storage Waterloo a-ry Corkery,Owner On this? -- day of t�oV' 2023,before me,the undersigned,a Notary Public in and for the State of Tp{�a personally appeared I am l Cg-UM to me known to be the identical person(s)named herein and who executed the foregoing instrument acid acknow]edged that they executed the same as their voluntary act and dee SEAL ti =Ehlq r pines/ xpires/Ot7A6 Notary Public ig and for the 3 tate of Iowa Page 1 of l Conditions of Zoning-2551 Logan Avenue Page 4 of 4 *** Proof of Publication State of Iowa ORDINANCE NO.5739 AN ORDINANCE AMENDMENT TO Black Hawk County ORDINANCE NO.5079,AS AMENDED, CITY OF WATERLOO ZONING ORDI- NANCE,BY AMENDING THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 10-4-4, APPROVING A RE- QUEST BY CASTLE STORAGE WATER- LOO NO.ONE TO REZONE APPROXI- MATELY 5.87 ACRES FROM °A-1" AGRICULTURAL DISTRICT AND °R-2,C-Z" CONDITIONAL ZONING DIS- TRICT TO "C-2,C-Z" CONDITIONAL ZONING DISTRICT TO ALLOW FOR Waterloo, City of- Legals OUTSIDE STORAGE AT 2551 LOGAN AVENUE. Accounts Payable BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO, IOWA AS FOLLOWS: That the 715 MULBERRY ST. request of castle Storage Waterloo No. one, to amend the official zoning map WATERLOO IA 50703 referred to in Section 10-4-4 of Ordinance No.5079 as amended,City of Waterloo Zoning Ordinance to rezone approximate- Iy 5.07 acres from "A-1" Agricultural District and"R-2,C-Z"Conditional Zoning District to "C-2,C-Z" Conditional Zoning ORDER NUMBER 232858 District, to allow for outside storage at 2551 Logan Avenue,and leggally descri- bed as follows: UNPLATTED WATER- LOO EAST S 10 A SE NE EXC S 125.5 FT&EXC HWY SEC 11 T 89 R 13,shall The undersigned, being duly sworn, on oath, do depose and say that I bean is herebyaprovidedroin t d,subject condihe attached am an authorized employee of the Waterloo Cedar Falls Courier, that °Conditions of Zoning"agreement dated November 21, 2023, which is by this The Waterloo Cedar Falls Courier is a weekly newspaper regularly reference incorporated herein. Passed on December 18, 2023 and published and printed in the English language in the City of Waterloo, effective upon publication of this ordi- Black Hawk County, Iowa, and has a general circulation in the said nance. city and county; and that I personally know that the notice, a true copy of which is hereto affixed, was published in the Waterloo Cedar Falls Courier on the following days, to-wit: Section: Legals Category: 950 Legal Notice PUBLISHED ON: 12/23/2023 TOTAL AD COST: 47.14 FILED ON: 12/28/2023 That the issues of said paper containing said notice were duly circulated in the regular manner. �pPtAl Sty SHELBY GRIMSLEY 2 �Commission Number.847909 My Commission Uplres owl May 8, 2014 Notary Public in nd for Said County