ORDINANCE NO. 14,477
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 2019 Ingersoll Avenue from the "C-2" General
Retail and Highway Oriented Commercial District and "C-3A" Central
Business District Support Commercial District 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 2019 Ingersoll Avenue, more fully described as follows, from the
"C-2" General Retail and Highway Oriented Commercial District and
"C-3A" Central Business District Support Commercial District to a
Limited "NPC" Neighborhood Pedestrian Commercial District
classification:
Except streets, Lots 1
through 8, Block B, West & Burtons Addition, an Official Plat, and Lots 1
through 9, Harding Road Place, an Official Plat, and the intervening vacated
East/West alley, 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. The following uses of land and
structures shall NOT be permitted upon the Property:
1. Freestanding communication towers and
antenna;
2. Gas stations and convenience stores;
and,
3. Package goods store for the sale of
alcoholic beverages.
B. The site plan and building elevations
for any improvements constructed upon the Property shall be in substantial
conformance with the conceptual development plan submitted by High Land Company
incident to this rezoning. Such conceptual
development plan is on file and available for public inspection in the
Community Development Department for the City of Des Moines.
C. The maximum density for any development
upon the Property shall be subject to review and approval as part of the site
plan approval process.
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. 05-1947), passed by the City Council of said City at a meeting held August 8, 2005 signed by the Mayor on August 8, 2005 and published as provided by law in the Business Record on August 22, 2005 Authorized by Publication Order No.4835.
Diane
Rauh, City Clerk