ORDINANCE NO. 14,008

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 2001 Forest Avenue from the "C-2" General Retail and Highway Oriented Commercial District and the "C-O" Commercial-Residential District classifications to a Limited "NPC" Neighborhood Pedestrian Commercial 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 2001 Forest Avenue, more fully described as follows, from the "C-2" General Retail and Highway Oriented Commercial District and the "C-O" Commercial-Residential District classifications to a Limited "NPC" Neighborhood Pedestrian Commercial District classification:

Lots 25 through 28, Subdivision of Lots 22, 23 and 24, Williams 2nd Addition to North Des Moines, an Official Plat, and the South 1/2 of Lot 21 of Williams 2nd Addition to North Des Moines, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa (herein the "Property").

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:

Only the following uses of land and structures shall be permitted upon the Property: Any use permitted in the "C-1" Neighborhood Retail Commercial District except as otherwise limited by the "NPC" Neighborhood Pedestrian Commercial District regulations.

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, and the Acceptance of Rezoning Ordinance signed by all owners of the Property to be properly filed in the office of the Recorder of Polk County, Iowa.

FORM APPROVED:

Roger K. Brown, Assistant City Attorney

Preston Daniels, Mayor

Attest:

I, Diane Rauh, Chief Deputy City Clerk of the City of Des Moines, Iowa, hereby certify that the above and foregoing is a true copy of an ordinance (Roll Call No. 01-3235), passed by the City Council of said City at a meeting held October 22, 2001, signed by the Mayor on October 22, 2001, and published as provided by law in the Business Record on November 5, 2001. Authorized by Publication Order No. 1940.

Diane Rauh, Chief Deputy City Clerk