HomeMy WebLinkAbout5843-08.17.2026.docx (RECORDED) Docusign Envelope ID:B5DOEEFF-A50D-8372-8193-585B17102E38 2026-15389
RECORDED: 10/12/2026 10:52:55 AM
RECORDING FEE:$22.00
REVENUE TAX:$
COMBINED FEE:$22.00
SANDIE L.SMITH, RECORDER
BLACK HAWK COUNTY,IOWA
Prepared by LeAnn M. Even,Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
F Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5843
AN ORDINANCE APPROVING A REQUEST BY THE CITY OF
WATERLOO TO REZONE APPROXIMATELY 4.86 ACRES
FROM"R-3"MULTIPLE RESIDENCE DISTRICT TO"R-2,R-P"
PLANNED RESIDENCE DISTRICT AND "R-3,R-P"PLANNED
RESIDENCE DISTRICT FOR THE DEVELOPMENT OF
SEVENTEEN LOTS, INCLUDING THE EXPANSION OF
BIRDEE COTTAGE LOCATED AT 310 UPLAND DRIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS
FOLLOWS:
WHEREAS a request has been submitted the City of Waterloo, Iowa to rezone
approximately 4.86 acres of land from "R-3"Multiple Residence District to "R-2,R-P"Planned
Residence District and"R-3,R-P"Planned Residence District, and legally described as follows:
LOT 22, PARK VIEW GARDENS, EXCEPT THOSE PORTIONS
CONVEYED FOR HIGHWAY PURPOSES IN DEED BOOK 418 PAGE
495 AND DEED BOOK 474 PAGE 575,AND THE WEST 75 FEET OF
LOT 23, PARK VIEW GARDENS, EXCEPT THAT PORTION
CONVEYED FOR HIGHWAY PURPOSES IN DEED BOOK 474 PAGE
575, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA,
EXCEPT THE FOLLOWING:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 75
FEET OF LOT 23, PARK VIEW GARDENS; THENCE NORTH
01°56'45"WEST 371.09 FEET ALONG THE EAST LINE OF SAID
WEST 75 TO THE POINT OF BEGINNING OF THIS EXCEPTION;
THENCE CONTINUING NORTH 01°56'45"WEST ALONG SAID
EAST LINE 226.75 FEET TO THE SOUTHEASTERLY RIGHT-OF-
WAY LINE OF US HIGHWAY 63; THENCE SOUTH 48°56'12"WEST
ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 350.20
FEET; THENCE NORTH 89°16'40"EAST 271.77 FEET TO THE
POINT OF BEGINNING.
TO BE REZONED R-3,R-P
THAT PORTION OF LOT 22, PARK VIEW GARDENS,EXCEPT
THOSE PORTIONS CONVEYED FOR HIGHWAY PURPOSES IN
DEED BOOK 418 PAGE 495 AND DEED BOOK 474 PAGE 575,AND
THE WEST 75 FEET OF LOT 23, PARK VIEW GARDENS, EXCEPT
THAT PORTION CONVEYED FOR HIGHWAY PURPOSES IN DEED
BOOK 474 PAGE 575, CITY OF WATERLOO,BLACK HAWK
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 75
FEET OF LOT 23, PARK VIEW GARDENS; THENCE NORTH
01°56'45"WEST 371.09 FEET ALONG THE EAST LINE OF SAID
WEST 75 TO THE POINT OF BEGINNING OF THIS EXCEPTION;
as
Docusign Envelope ID: B5DOEEFF-A50D-8372-8193-585B17102E38
Ordinance No. 5 843
Page 2
THENCE CONTINUING NORTH O l °56'45" WEST ALONG SAID
EAST LINE 226.75 FEET TO THE SOUTHEASTERLY RIGHT-OF-
WAY LINE OF US HIGHWAY 63; THENCE SOUTH 48°56' 12" WEST
ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 350.20
FEET; THENCE NORTH 89° 16'40" EAST 271 .77 FEET TO THE
POINT OF BEGINNING.
for the development of seventeen lots, including the expansion of Birdee Cottage located at 310
Upland Drive.
WHEREAS, the Planning and Zoning Commission, after a public hearing, has approved the
request and recommended the City Council to amend the Official Zoning Map accordingly, and
WHEREAS, this amendment is deemed to be in accordance with the City's comprehensive
plan as it serves to accommodate planned residential growth and ensure the efficient use of land
and resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA:
1 . Ordinance No. 5079, as amended, is hereby further amended by changing the zoning
classification of approximately 4.86 acres from "R-3" Multiple Residence District to "R-2,R-P"
Planned Residence District and "R-3,R-P" Planned Residence District for the Development of
seventeen lots, including the expansion of Birdee Cottage located at 310 Upland Drive.
2. The Official Zoning Map referred to in Section 10-4-4 of the Waterloo City Code is
hereby amended in accordance with the change in zoning classification set forth in Section 1 of
this ordinance.
3 . This ordinance shall be in full force and effect from and after its final passage, approval,
and publication as required by law.
INTRODUCED: August 17, 2026
PASSED 1st CONSIDERATION: August 17, 2026
PASSED 2nd CONSIDERATION: August 17, 2026
PASSED 3rd CONSIDERATION: August 17, 2026
PASSED AND ADOPTED this 17th day of August 2026.
,Signed by:
Vowed, ota
ATTEST: Davi' oesen,Mayor
Signed by:
Kd Malt
1 y `etc kreA,BCity Clerk
Docusign Envelope ID: B5DOEEFF-A50D-8372-8193-585B17102E38
Ordinance No. 5843
Page 3
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. 5843 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 17th day of August 2026.
Witness my hand and seal of office on this 17th day of August 2026.
"---Signed by:
K y FLIJ&
SEAL ken ?JSficity
Clerk
W it
adalpie
to
wirtiarI I I multi min
i01 •
THE COURIER
x AFFIDAVIT OF PUBLICATION
jF4LfINANc riO.56$3
AN ORDINANCE AMENDING OR..
DINANCE NO: 5079. AS AMENDED:
THE CITY OF WATEFIL.00 ZONING
Waterloo-Cedar Falls Courier ORDINANCECO. INB MAPR AMENDING THE
. OFFICIAL i 4FJiFit�MAP REPEF+FtED
TO IN SECTION 104.4, APP.R0v,
ING A REOUEST BY THE CITY OF
6915 Chancellor Drive WATERLOO
Y T AREZONES rE APPOM OX,
IMCedar Falls 50613 MULTIPLE RESIDENCE DISTRICT
TO "R=2,R•P'' PLANNED FIESI-
PCE DISTRICT
I19 291-1400 L NE RESIDENCE DIST CT
FOR THE DEVELOPMENT OF SEV-
ENTEEN LOTS, INCLUDING THE
EXPANSION OF OIRDEE COTTAGE
State of Florida, County of Broward, ss: LOCATED AT316 UPLAND DRIVE.
BE IT ORDAINED BY THE CITY
* I COUNCIL OF THE CITY OF WATER-
LOO. IOWA AS FOLLOWS: That
the zoning ordinance of the City of
Anjana Bhadoriya, being first duly sworn, deposes and says: That I Waterloo.ls,wa Known ais CNdlimince
No. 5079. as anend d, Is hereby
(s)he is a duly authorized signatory Software,, duly Column Software, PAC, duly amended by changing the 2ortiing des-
ignation on the Of ialZoningMapre-
ferred to in Section 10.4.4 by approv-
authorized agent of Waterloo-Cedar Falls Courier, a publication that tng the request by the City ofWaterloo
to rezone ap roxirnately 4.86 of:rg'
„ of land from"R-3`Multiple Resict*ri
is a legal newspaper" as that phrase is defined for the city of Cedar District to "R-2.R-P" lanned Resi-
dence District and-R-3,R-P• Planned
Falls, for the County of Black Hawk, in the state of Iowa, that this Residence
em 5DIs lee� � : 2 PA
affidavit is Page 1 of 1 with the full text of the sworn-to notice set VIEWO NCGARDENS, EXCEPT THOSE
PATIOS CONVEYED FOR HIGH-
WAY PURPOSES IN DEED BOOK
418 PAGE 495 AND DEED BOOK
forth on the pages that follow, and that the attachment hereto 474 PAGE 575, AND THE WEST 75
FEET OF LOT 23, PARK VIEW GAR-
contains the correct copyof whatpublished in said legal DENS, EXCEPT THAT PORTION
was g CONVEYED FOR HIGHWAY FUR-
newspaper in consecutive issues on the following dates: 575, CITY OF WATERLOO. BLACK
HAWK COUNTY. IOWA. EXCEPT
THE FOLLOWING: COMMENCING
AT THE SOUTHEAST CORNER OF
THE WEST 75 FEET OF LOT 23.
PARK VIEW GARDENS: THENCE
PUBLICATION DATES: FNORTH EET ALONG THE EAST TUNE IOF
e p } 2 SAID WEST 75 TO THE POINT OF
BEGINNING OF THIS EXCEPTION:
THENCE CONTINUING NORTH
01°56'45"WEST ALONG SAID EAST
LINE 226.75 FEET TO THE SOUTH-
NOTICE ID: Ug45xisvbwLQf4P09uB2 ? EASTERLY RIGHT-OF-WAY LINE OF
US HIGHWAY 63: THENCE SOUTH
PUBLISHER /� 48°56'12' WEST ALONG SAID
C O L-I A-604340 SOUTHEASTERLY RIGHT-OF-WAY
LINE 350.20 FEET:THENCE NORTH
NOTICE •�NAME: Ordinance No. 5843 89"16'40- EAST 271.77 FEET TO
THE POINT OF BEGINNING.
THAT
Publication Fee: TO 11B REZONED R-3.R-P:RVIEW
$68.19 PORTION OF LOT 22, PARK VIEW
GARDENS. EXCEPT THOSE POR-
TIONS CONVEYED FOR HIGH-
WAY PURPOSES IN DEED BOOK
�jAtet� adoYtya 418 PAGE 495 AND DEED BOOK
474 PAGE 575, AND THE WEST 75
FEET OF LOT 23. PARK VIEW GAR-
(Signed) DENS, EXCEPT THAT PORTION
�\\\��1�IYIIIII////y/ CONVEYEDSESIN FOR BOOKHIO AY PUR-
S SHERI R I SMITH POSES DEED 474 PAGE
575. CITY OF WATERLOO, BLACK
�� p► / HAWK COUNTY IOWA.DESCRIBED
� i AS FOLLOWS: COMMENCING AT
O�
4t. I:` Notary Public - State of Florida THE SOUTHEAST CORNER OF
_ 1 .- THE WEST 75 FEET OF LOT 23.
VERIFICATION ••
--- PARK� VIEW GARDENS:m NORTH 'S ESTso9
FEET ALONG THE EAST UNE OF
i •yAllior.• • SAID WEST 75 TO THE POINT OF
State of Florida Expires on May 31, 2030 BEGINNING OF THIS EXCEPTION;
� NUING NORTH
OF CV 0 THENCE56 45"WEST ALONG ONG SAID EAST
County of Broward yard ly��//f1I111�1m1�t\�, LINE 226.75 FEET TO THE SOUTH-
EASTERLY RIGHT-OF-WAY LINE OF
US HIGHWAY 63:THENCE SOUTH
48-56'12" WEST ALONG SAID
SOUTHEASTERLY RIGHT-OF-WAY
Subscribed in my presence and sworn to before me on this: 09/09/202 LINE EFT: 1.7 THENCE FEET NORTHO
89°16'40" EAST 271.77 T4
THE POINT OF BEGINNING,
for the development of sewanteen lots,
including the expansion of Birdee Cot-
tage located at 310 Vend Drive,
Passed on August 1,. 2026, and ef-
fective upon publication of this ordt-
• nance.
COLA-604340
Notary Public
Notarized remotely online using communication technology via Proof.
Ordinance No. 5843 - Page 1 of 1
Docusign Envelope ID: B5D0EEFF-A50D-8372-8193-585B17102E38
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5843
AN ORDINANCE APPROVING A REQUEST BY THE CITY OF
WATERLOO TO REZONE APPROXIMATELY 4.86 ACRES
FROM "R-3" MULTIPLE RESIDENCE DISTRICT TO "R-2,R-P"
PLANNED RESIDENCE DISTRICT AND "R-3,R-P" PLANNED
RESIDENCE DISTRICT FOR THE DEVELOPMENT OF
SEVENTEEN LOTS, INCLUDING THE EXPANSION OF
BIRDEE COTTAGE LOCATED AT 310 UPLAND DRIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS
FOLLOWS:
WHEREAS a request has been submitted the City of Waterloo, Iowa to rezone
approximately 4.86 acres of land from "R-3" Multiple Residence District to "R-2,R-P" Planned
Residence District and "R-3,R-P" Planned Residence District, and legally described as follows:
LOT 22, PARK VIEW GARDENS, EXCEPT THOSE PORTIONS
CONVEYED FOR HIGHWAY PURPOSES IN DEED BOOK 418 PAGE
495 AND DEED BOOK 474 PAGE 575, AND THE WEST 75 FEET OF
LOT 23, PARK VIEW GARDENS, EXCEPT THAT PORTION
CONVEYED FOR HIGHWAY PURPOSES IN DEED BOOK 474 PAGE
575, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA,
EXCEPT THE FOLLOWING:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 75
FEET OF LOT 23, PARK VIEW GARDENS; THENCE NORTH
01°56'45" WEST 371.09 FEET ALONG THE EAST LINE OF SAID
WEST 75 TO THE POINT OF BEGINNING OF THIS EXCEPTION;
THENCE CONTINUING NORTH 01°56'45" WEST ALONG SAID
EAST LINE 226.75 FEET TO THE SOUTHEASTERLY RIGHT-OF-
WAY LINE OF US HIGHWAY 63; THENCE SOUTH 48°56' 12" WEST
ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 350.20
FEET; THENCE NORTH 89°16'40" EAST 271.77 FEET TO THE
POINT OF BEGINNING.
TO BE REZONED R-3,R-P
THAT PORTION OF LOT 22, PARK VIEW GARDENS, EXCEPT
THOSE PORTIONS CONVEYED FOR HIGHWAY PURPOSES IN
DEED BOOK 418 PAGE 495 AND DEED BOOK 474 PAGE 575, AND
THE WEST 75 FEET OF LOT 23, PARK VIEW GARDENS, EXCEPT
THAT PORTION CONVEYED FOR HIGHWAY PURPOSES IN DEED
BOOK 474 PAGE 575, CITY OF WATERLOO, BLACK HAWK
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 75
FEET OF LOT 23, PARK VIEW GARDENS; THENCE NORTH
01°56'45" WEST 371.09 FEET ALONG THE EAST LINE OF SAID
WEST 75 TO THE POINT OF BEGINNING OF THIS EXCEPTION;
Docusign Envelope ID: B5D0EEFF-A50D-8372-8193-585B17102E38
ATTEST:
Signed by:
f delit
`G ley e ige;BCity Clerk
Ordinance No. 5843
Page 2
THENCE CONTINUING NORTH 01°56'45" WEST ALONG SAID
EAST LINE 226.75 FEET TO THE SOUTHEASTERLY RIGHT-OF-
WAY LINE OF US HIGHWAY 63; THENCE SOUTH 48°56' 12" WEST
ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE 350.20
FEET; THENCE NORTH 89°16'40" EAST 271.77 FEET TO THE
POINT OF BEGINNING.
for the development of seventeen lots, including the expansion of Birdee Cottage located at 310
Upland Drive.
WHEREAS, the Planning and Zoning Commission, after a public hearing, has approved the
request and recommended the City Council to amend the Official Zoning Map accordingly, and
WHEREAS, this amendment is deemed to be in accordance with the City's comprehensive
plan as it serves to accommodate planned residential growth and ensure the efficient use of land
and resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA:
1. Ordinance No. 5079, as amended, is hereby further amended by changing the zoning
classification of approximately 4.86 acres from "R-3" Multiple Residence District to "R-2,R-P"
Planned Residence District and "R-3,R-P" Planned Residence District for the Development of
seventeen lots, including the expansion of Birdee Cottage located at 310 Upland Drive.
2. The Official Zoning Map referred to in Section 10-4-4 of the Waterloo City Code is
hereby amended in accordance with the change in zoning classification set forth in Section 1 of
this ordinance.
3. This ordinance shall be in full force and effect from and after its final passage, approval,
and publication as required by law.
INTRODUCED: August 17, 2026
PASSED 1st CONSIDERATION: August 17, 2026
PASSED 2nd CONSIDERATION: August 17, 2026
PASSED 3rd CONSIDERATION: August 17, 2026
PASSED AND ADOPTED this 17th day of August 2026.
cSigned by:
Pct .t�, 1°jbt,suA,
syS D3421
Davi oesen, Mayor
Docusign Envelope ID: B5D0EEFF-A50D-8372-8193-585B17102E38
Ordinance No. 5843
Page 3
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. 5843 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 17th day of August 2026.
Witness my hand and seal of office on this 17th day of August 2026.
e—Signed by:
Keili,, F
FF6OBfOFJB S4AB.
SEAL Kelley e c e, City Clerk
A. o
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•