ORDINANCE NO. 14,452
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 SE 6th and Shaw Streets from the "R1-60"
One-Family Low-Density Residential District 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 SE 6th 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:
Lot 1 in Block 59, and
Lot 6 in Block 54, Town of De Moine, an Official Plat; and, all that part of
the 18 foot wide North/South alley right-of-way lying West of and adjoining Lot
6 of said Block 54; and, the East 1/2 of the 18 foot wide North/South alley
right-of-way lying West of and adjoining Lots 6 through 9 of said Block
59; and, that part of Shaw Street
right-of-way lying North of and adjoining said Block 59, except that portion
lying 18 feet North of and adjoining Lot 10 of said Block 59, and lying 18 feet
North of and adjoining the 18 foot wide vacated North/South alley lying West of
and adjoining Lot 10 of said Block 59, 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 other than the City of Des Moines. The City of Des Moines hereby consents to
the imposition of the following imposed additional
conditions upon the
City-owned land. Such additional
conditions shall be binding upon the owners and their successors, heirs, and
assigns as follows:
A. Only the following uses of land and
structures shall be permitted upon the Property:
1. Any use allowed in and as limited in
the "C-1" Neighborhood Retail Commercial District.
2. Offices and testing laboratory.
B. Landscaping shall be provided for any
development upon the Property in accordance with the site plan policies
applicable to development in the "C-1" Neighborhood Retail Commercial
District.
C. The design of any building upon the
property shall be subject to review and approval by the Community Development Director
as being residential in character.
D. All equipment and materials shall be
stored indoors with the exception of no more than two (2) mobile drill rigs and
related equipment. The outdoor area
used for parking and storage of the mobile drill rigs and related equipment
shall meet the screening and separation standards applicable to an outdoor
storage area. All company vehicles
parked on the Property shall be parked within a screened parking area.
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 James and Juliet Cunningham, to be properly filed in the office of
the Polk County Recorder.
FORM APPROVED:
Roger K. Brown, Assistant City Attorney
T.M. Franklin Cownie, Mayor
Attest:
I, Jody Witmer, 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. 05-1323), passed by the City Council of said City at a meeting held May 23, 2005 signed by the Mayor on May 23, 2005 and was published as provided by law in the Business Record on June 13, 2005 Authorized by Publication Order No.4810.
Jody Witmer, Chief Deputy City Clerk