ORDINANCE NO. 14,480
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 4180 NE 43rd Court from the "A-1" Agricultural
District and "C-2" General Retail and Highway Oriented Commercial
District classifications to the Limited "C-2" General Retail and
Highway Oriented Commercial District and "R1-80" One-Family
Residential District classifications.
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 4180 NE 43rd Court, more fully described as follows, from the
"A-1" Agricultural District and "C-2" General Retail and
Highway Oriented Commercial District classifications to the Limited
"C-2" General Retail and Highway Oriented Commercial District and
"R1-80" One-Family Residential District classifications:
From “A-1” & “C-2”
to Limited “C-2”
Lot 21, EXCEPT the
Northwesterly 2 feet thereof and EXCEPT the Northerly 62 feet of the Westerly
25 feet thereof; AND, Lots 22 and 23 EXCEPT the Northerly 2 feet thereof; AND,
Lot 48 EXCEPT the South 153 feet thereof; AND, Lot 20, all in Capitol Heights Replat,
an Official Plat, all included in and forming a part of the City of Des Moines,
Polk County, Iowa (hereinafter referred to as the "Commercial
Property").
From “A-1” to “R1-80”
The South 153 feet of Lot 48, in Capitol Heights Replat, an
Official Plat, all included in and forming a part of the City of Des Moines,
Polk County, Iowa.
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 structures and
land shall NOT be permitted upon the Commercial Property:
1. Adult entertainment business;
2. Off premises advertising;
3. Package goods store for the sale of
alcoholic beverages
4. Taverns and nightclubs, including
private clubs;
5. Used car sales lots, and businesses
engaged in the outside display of automobiles, trailers, motorcycles, boats,
and farm implements for sale, rental or hire.
B. Any building constructed or placed upon
the Commercial Property for other than single or two family residential use
shall have at least 25% of each building facade fronting Hubbell Avenue or NE
43rd Court constructed of brick, masonry or other non-metallic architectural
accent material approved by the Community Development Director.
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. 05-1959), 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.4838.
Diane Rauh, City Clerk