ORDINANCE NO. 14,794

 

 

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 4529 and 4539 Douglas Avenue from “C-O” Commercial Residential and “R1-60” One-Family Low Density Residential District to “PUD” Planned Unit Development 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 4529 and 4539 Douglas Avenue, more fully described as follows, from “C-O” Commercial Residential and “R1-60” One-Family Low Density Residential District to “PUD” Planned Unit Development classification

Except beginning at the Southwest Corner thence North 4.12 feet, East 61.04 feet, Northeast 39.07 feet to East Lot Line, South 5.68 feet, West 100.08 feet to Point of Beginning- Lot 17 and all Lot 18 Kimble Acres, an Official Plat, all now 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:

1.      No removal of trees over six inches in diameter from the subject property until an approved tree removal/ protection and mitigation plan is reviewed as part of any Development Plan for commercial development.

2.      Addition of language on the Conceptual Plan that would require identification of species and tree protection measures on any Development Plan for the trees identified for protection, and identification of species and mitigation of trees to be removed using formulas currently being considered by the City Council for all large scale developments.

3.      Elimination of “possible” language on the Conceptual Plan for cross drive access and storm sewer connections with the adjoining bank property to the east.

4.      Addition of language on the Conceptual Plan that trash enclosures be comprised of materials compatible with the primary building architecture and should be constructed of a durable material such as stone or masonry with an opaque metal gate enclosure.

5.      Addition of language on the Conceptual Plan to indicate that all signage is to conform to standards as applicable to “C-O” for the north building and as applicable to “C-1” Districts for the south building along Douglas Avenue.  This should be qualified to state “except as modified by the approved Conceptual Plan elevations”.

6.      Prohibition of the use of packaged goods stores for the sale of alcoholic beverages, pawn shops, upholstery shops, and financial institutions whereby a majority of loans are made based on collateral of future payroll or vehicle titles. Language should be added to the Conceptual Plan listing the prohibited uses.

7.      The signage on the 2nd floor of the buildings shall have individual lettering.

8.      Lighting levels on the subject property shall be zero foot candles beginning at a point 40’ from the north property line.

9.      The developer shall consider providing detention on south side of the northernmost building.

10.  The northernmost row of parking shall be eliminated.

11.  A pedestrian access to the northernmost building shall be provided from Douglas Avenue.

12.  The southernmost parking lot shall connect to the Wells Fargo entrance driveway.

13.  The Final Development Plan shall be reviewed by the Plan and Zoning Commission for compliance with the Conceptual Plan.

14.  The applicant shall consider use permeable pavement if possible.

15.  The consulting engineer shall provide a written certification to city staff that all improvements have been installed according to the approved Final Development Plan.

16.  The church access to Sherman Boulevard to be chained off or gated during non-church events.

 

Sec. 3.  This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

Sec. 4.  The City Clerk is hereby authorized and directed to cause a certified copy of the Acceptance of Rezoning Ordinance, this ordinance, a vicinity map, and proof of publication of this ordinance, to be properly filed in the office of the Polk County Recorder.

FORM APPROVED:

 

Michael F. Kelley, Assistant City Attorney

 

Christine Hensley, Mayor Pro Tem                                                                  

 

                                                                       

 

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. 08-1532), passed by the City Council of said City at a meeting held August 25, 2008 signed by the Mayor Pro Tem on August 25, 2008 and published as provided by law in the Business Record on September 8, 2008. Authorized by Publication Order No. 6352.

 

 

 

 

 

                                                                        Diane Rauh, City Clerk