ORDINANCE NO. 14,327
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 High Street from a Limited "C-2"
General Retail and Highway Oriented Commercial District to an amended Limited
"C-2" General Retail and Highway Oriented 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 High Street, more fully described as follows, from a
Limited "C-2" General Retail and Highway Oriented Commercial District
to an amended Limited "C-2" General Retail and Highway Oriented
Commercial District classification:
All Lots 3, 4, & 5,
Block A, West & Burtons Addition and (Except North 7 feet of Lots 6, 7,
& 8) Lots 6, 7, 8, 11, 12, & West 49 feet of Lot 13, and also vacated
intervening East/West alley right-of-way lying East of line beginning 75 feet
East of Point of Intersection of South Right-of-Way line of Woodland Avenue and
East Right-of-Way line of Martin Luther King Jr. Parkway; thence Southwest
21.91 feet; thence South 242.15 feet; thence Southeast 21.22 feet to North
right-of-way line High Street, Block A, West & Burtons Addition, all now
included in and forming a part of the City of Des Moines, Polk County, Iowa
(hereinafter referred to as 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:
A. Only the following uses of structures or
land shall be permitted upon the Property, subject to the limitations in
paragraphs B, C, and D, below:
1) Any use allowed in the “C-1”
Neighborhood Retail Commercial District.
2) Auction business within an occupancy of
no more than 3,500 square feet of floor area, no more than 60 fixed seats, and
a total occupancy of 108 persons (this could be exceeded up to building code
occupancy if not during operation of the market).
B. The following uses of structures or
land shall NOT be permitted upon the Property:
1) Communication towers and antenna,
except those allowed as a conditional use by the Board of Adjustment.
2) Gas stations and convenience stores.
3) Package goods liquor stores.
4) Any outdoor storage of merchandise or
equipment.
C. Signage upon the Property shall be
limited to that signage permitted in the “C-1” Neighborhood Retail Commercial
District.
D. A minimum of 90 off-street parking
spaces shall be provided on site for any commercial use of the Property. The
use of the Property as an auction house shall not occur concurrently with any
other use, unless sufficient off-street parking is provided on site to satisfy
the cumulative required parking for all such uses.
E. The conditions set forth above shall
replace those special conditions imposed pursuant to Ordinance No. 14,199
passed January 6, 2003, which shall be of no further force or effect.
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 the vicinity map, this
ordinance, proof of publication of this ordinance, and the Acceptance of
Rezoning Ordinance signed by all owners of the Property, to be properly filed
in the office of the County Recorder of the county in which the Property is
located.
FORM APPROVED:
Roger K. Brown,
Assistant City Attorney
T. M. Franklin Cownie, Mayor
Attest:
I, Diane Rauh, 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. 04- 642), passed by the City Council of said City at a meeting held March 22, 2004 signed by the Mayor on March 22, 2004 and published as provided by law in the Business Record on April 5, 2004 Authorized by Publication Order No. 4035.
Diane Rauh, City Clerk