ORDINANCE NO. 13,680

AN ORDINANCE to amend the Official Zoning Map of the City of Des Moines, Iowa, set forth in Section 2A-5 of the Municipal Code of the City of Des Moines, 1991, by rezoning and changing the district classification of certain property located in the vicinity of 4301, 4609 and 4619 Grand Avenue from an "R-3" Multiple Family Residential District to a Limited "R-3" Multiple Family Residential District classification.

Be It Ordained by the City Council of the City of Des Moines, Iowa:

Section 1. That the Official Zoning Map of the City of Des Moines, Iowa, set forth in Section 2A-5 of the Municipal Code of the City of Des Moines, Iowa, 1991, be and the same is hereby amended by rezoning and changing the district classification of certain property more fully described as follows, from an "R-3" Multiple Family Residential District to a Limited "R-3" Multiple Family Residential District classification:

4301 Grand Avenue (Jerry G. Minor and J. Minor)

South 82 feet, Lot 3, of the Official Plat of the South ½ of the Southeast 1/4 of the Southeast 1/4 of Section 1, Township 78 North, Range 25 West of the 5th P.M., all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

4609 Grand Avenue(Daniel A. Cambridge)

South 10.0 feet of Lot 17 and all of Lot 18, Ingersoll Park, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

4619 Grand Avenue (Sandra J. Acton)

Lot 9 and the South 10.0 feet of Lot 10, Ingersoll Park, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

Sec. 2. That this ordinance and the zoning granted by the terms hereof are subject to the following imposed additional conditions which have been agreed to and accepted by execution of an Acceptance of Rezoning Ordinance by all owners of said property and are binding upon the owners and their successors, heirs, and assigns as follows:

The property shall not be converted to multiple family use or redeveloped for multiple family use unless a site plan for the multiple family use has been approved by the City. In addition to the usual requirements for approval of a site plan, the site plan for any multiple family use shall also be subject to approval by the City Plan and Zoning Commission, subject to appeal to the City Council, in accordance with the procedural requirements for approval for a site plan in the "NPC" Neighborhood Pedestrian Commercial District. In lieu of the "NPC" design guidelines, the proposed development shall be reviewed for conformance with the character of the surrounding neighborhood, including review of the proposed design, density and landscaping.

Sec. 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

Sec. 4. That the City Clerk is hereby authorized and directed to cause certified copies of this ordinance and proof of publication thereof to be properly filed in the office of the Recorder of Polk County, Iowa.

FORM APPROVED:

Roger K. Brown

Assistant City Attorney