ORDINANCE
NO. 14,517
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
north of Filmore Street between E. 8th and E. 9th Streets from the Limited
"C-1" Neighborhood Retail Commercial District and
"C-2" General Retail and
Highway Oriented 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 north of
Filmore Street between E. 8th and E. 9th Streets, more fully described as
follows, from the Limited "C-1" Neighborhood Retail Commercial
District and "C-2" General
Retail and Highway Oriented Commercial District to a Limited "NPC"
Neighborhood Pedestrian Commercial District classification:
Lots 2, 3, 4, 5, 6, 7, 8 and 9, of the Partition Plat of
the East One-half (1/2) of Outlot 1, DEAN'S SECOND SUBDIVISION of Outlots in
the Northwest Quarter (1/4) of Section 3, Township 78 North, Range 24 West of
the 5th P.M.; the South 1/2 of the vacated East/West alley right-of-way lying
North of and adjoining said Lot 9; and, all the vacated North/South alley
right-of-way lying East of and adjoining said Lot 7, 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 only uses of land or structures
permitted on the Property shall be those uses permitted in the "C-1"
Neighborhood Retail Commercial District, but excluding gas stations and
packaged goods stores for the sale of alcoholic beverages. Gas stations and packaged goods stores for
the sale of alcoholic beverages shall not be permitted on the Property.
B. In addition to the normal requirements
for approval of a site plan for the redevelopment of the Property for
commercial use, the site plan shall include:
i) Building
elevations which shall be compatible with the residential character of the
neighborhood to the south; and,
ii) A landscaping
plan which shall conform to the landscaping standards applicable within the
"C-1" Neighborhood Retail Commercial District.
C. There shall be no direct vehicular
access between any portion of the Property used for a commercial use and
Filmore Street.
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. 05-2830), passed by the City Council of said City at a meeting held November 21, 2005 signed by the Mayor on November 21, 2005 and published as provided by law in the Business Record on December 5, 2005 Authorized by Publication Order No. 4976.
Diane Rauh, City Clerk