ORDINANCE NO. 14,469

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 1810 Euclid Avenue from the "M-1" Light Industrial District to a 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 1810 Euclid Avenue, more fully described as follows, from the "M-1" Light Industrial District to a Limited "C-2" General Retail and Highway Oriented Commercial District classification:

Except the East 5 feet, the South 100 feet of the North 125 feet of Lot 4, Flint Valley, 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 structures and land shall be permitted upon the Property:

1. Any use allowed in and as limited in the "C-1" Neighborhood Retail Commercial District.

2. Used car lot and/or vehicle display lot, in compliance with the approved site plan for the Property and any amendment to that site plan hereafter approved by the City of Des Moines.

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 Polk County Recorder.

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. 05-1813), passed by the City Council of said City at a meeting held July 25, 2005 signed by the Mayor on July 25, 2005 and published as provided by law in the Business Record on August 8, 2005 Authorized by Publication Order No. 4827.

Diane Rauh, City Clerk