ORDINANCE NO. 13,831

AN ORDINANCE to amend the Official Zoning Map of the City of Des Moines, Iowa, set forth in Section 134-277 of the Municipal Code of the City of Des Moines, Iowa, 2000, by rezoning and changing the district classification of certain property located in the vicinity of 3835 University Avenue from an "R-3" Multiple Family Residential District to a Limited "C-O" Commercial 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 134-277 of the Municipal Code of the City of Des Moines, Iowa, 2000, be and the same is hereby amended by rezoning and changing the district classification of certain property located in the vicinity of 3835 University Avenue, more fully described as follows, from an "R-3" Multiple Family Residential District to a Limited "C-O" Commercial Residential District classification:

The West 43.83 feet of the South 150.0 feet of Lot 60, Chetwynd, 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:

A. The existing parking lot shall be paved in compliance with City standards within 18 months of commencement of construction of any addition or substantial alteration to the building upon the Property.

B. There shall be no extension of parking into any adjoining residentially zoned property as otherwise allowed by Section 134-1377(f)(8) of the Zoning Ordinance.

C. All existing legal non-conforming use of the Property shall cease upon commencement of construction of any addition or substantial alteration to the building upon the Property.

Sec. 3. This ordinance shall be in full force and effect from and after the later of its passage and publication as provided by law or July 1, 2000.

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