ORDINANCE NO. 14,007

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 S.E. 5th and Shaw Streets from the "R1-60" One Family, Low Density Residential District to the "M-1" Light Industrial District and to a Limited "M-1" Light Industrial 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 S.E. 5th and Shaw Streets, more fully described as follows, from the "R1-60" One Family, Low Density Residential District to the "M-1" Light Industrial District:

Lots 5 through 8, Block 56, Town of De Moine, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

Section 2. 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 further amended by rezoning and changing the district classification of certain property owned by the City of Des Moines, Iowa, and located in the vicinity of S.E. 5th and Shaw Streets, more fully described as follows, from the "R1-60" One Family, Low Density Residential District to a Limited "M-1" Light Industrial District classification:

Lots 9 and 10, Block 57, Town of De Moine, an Official Plat; all the S.E. 5^th Street right-of-way lying East of and adjoining said Lots 9 and 10 of said Block 57; all the Shaw Street right-of-way lying North of and adjoining said Lot 10 of said Block 57; and, that part of Lots 1 and 2, Block 57, Town of De Moine, an Official Plat described as follows: Beginning at the Northeast corner Lot 1, of said Block 57; thence southeasterly along the East line of said Lots 1 and 2 to the Southeast corner of said Lot 2; thence westerly along the South line of said Lot 2 for a distance of 14.0 feet; thence northwesterly to a point being 38.2 feet South of and parallel with the North line of said Lot 1 and 102.3 feet westerly and parallel with the easterly lot line of said Lot 1; thence northerly 38.2 feet to a point on the North line of said Lot 1 and 102.3 feet westerly of the northeast corner of said Lot 1; thence easterly along the North line of said Lot 1, a distance of 102.3 feet to the Point of Beginning, all now included in and forming a part of the City of Des Moines, Polk County, Iowa.

Sec. 3. That the rezoning provided by Section 2 of this Ordinance, above, is subject to the following imposed additional

conditions which are hereby agreed to and accepted by the City of Des Moines as the owner of such property:

A. Prior to any use of the property for outside storage of materials or equipment, the following improvements to the property shall have been completed:

i) An opaque screen at least six feet in height shall be constructed along the west and south boundaries of the property.

ii) Overstory trees shall be planted and thereafter maintained at least every 30 feet on center along the west and south boundaries of the property

B. The property shall not be used for the storage of materials or equipment (excepting registered motor vehicles) taller than, or stacked to a height greater than, the height of the opaque screen provided along the west and south boundaries of the property.

Sec. 4. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

Sec. 5. 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