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ORDINANCE NO. 2003-01 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTIES SHOWN ON THE ATTACHED EXHIBIT LEGALLY DESCRIBED BELOW AND COMMONLY KNOWN AS THE LATAH COUNTY COURTHOUSE LOCATED AT 522 S. ADAMS STREET AND RELATED OFF-STREET PARKING LOTS; THE FIRST PRESBYTERIAN CHURCH LOCATED AT 405 S. VAN BUREN STREET; THE MOSCOW HIGH SCHOOL LOCATED AT 402 E 5TH STREET; AND THE 1912 CENTER LOCATED AT 410 E. 3RD STREET FROM MULTIPLE FAMILY RESIDENTIAL (R-4) ZONING DISTRICT AND RESIDENTIAL/OFFICE (RO) ZONING DISTRICT TO GENERAL BUSINESS (GB) ZONING DISTRICT; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, a portion of the land described in Section 1 of this Ordinance is adjacent to the Residential/Office (RO) Zoning District to the west and all of the land described in Section I of this Ordinance is in close proximity to the downtown Central Business (CB) Zoning District to the west; and WHEREAS, the Land Use Designation of the subject properties described in Section I of this Ordinance is Public on the Moscow Comprehensive Plan Map; and WHEREAS, the General Business (GB) Zoning District will better support and retain the existing governmental, pubic service and institutional uses on the subject properties than the former Multiple Family Residential (R-4) Zoning District; and WHEREAS, the existing governmental, public service and institntional uses are appropriate for the subject properties in accordance with the Public Services, Facilities and Utilities Element of the Comprehensive Plan; and WHEREAS, Moscow Planning and Zoning Commission held a public hearing on this matter on September 25, 2002; and WHEREAS, the Moscow City Council conducted a public hearing on this matter on December 16, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: All that certain real property situated within Section 8, Township 39 North, Range 5 West, B.M., City of Moscow, Latah County, Idaho, being described as follows: Beginning at the intersection of the centerlines of Sixth and Adams Street in the City of Moscow, Idaho and running thence East along the centerline of Sixth Street a distance of 535 feet, thence North 40 feet to a point on the South line of Lot 4 of Russell's Addition to the City of Moscow, said point being 145 feet East of the Southwest Corner of Lot 4 of Russell's Addition, thence continuing North 125 feet, thence East 20 feet, thence North 85 feet, thence West 165 feet to the West line of Lot 4 of Russell's Addition, thence continuing West 40 feet to the centerline of Van Buren Street, thence North 410.5 feet along the centerline of Van Buren Street, thence West 40 feet to a point on the East line of Block 3 of Russell's Addition, said point being 106 feet south of the Northeast Comer of Said Block 3, thence continuing West 90 feet, thence North 106 feet to ---PAGE BREAK--- the North line of said Block 3, thence continuing North 40 feet to the centerline of Third Street, thence West 220 feet along the centerline of Third Street, thence South l 0 feet, thence continuing West along the centerline of Third Street 285.16 feet, thence South 30 feet to a point on the South boundary line of Third Street which is 50 feet East of the Northwest Corner of Lot 2 of Russell's Addition, thence South 152 feet, thence East 75 Feet, thence South 263 feet to the South line of Lot 2 of Russell's Addition, said point being also on the North line of Fifth Street, thence continuing South 25 feet to the centerline of Fifth Street, thence East 208 feet along the centerline of Fifth Street to its intersection with the centerline of Adams Street, thence South 330 feet more or less to the point of beginning. ALSO, that portion of the Russell's Addition to the City of Moscow recoded in Book I of Plats, page 3, records of Latah County, Idaho, described as follows: Beginning at the intersection of the centerline of Van Buren Street and the centerline of Third Street; thence North 240 feet along the centerline of Van Buren Street to the centerline of Second Street; thence West 350 feet along the centerline of Second Street to the centerline of Adams Street; thence South 240 feet along the centerline of Adams Street to the centerline of Third Street; thence East 350 feet along the centerline of Third Street to the point of beginning. SECTION 2: ZONlNG: That the lands described in Section l of this Ordinance be conditionally rezoned from Multiple Family Residential (R-4) Zoning District and Residential/Office (RO) Zoning District to General Business (GB) Zoning District conditioned upon the following: That the property owners enter into a recorded development agreement to include the following: l ) The allowable uses of the subject properties shall be restricted to those listed as permitted uses in the General Business (GB) Zoning District which do not exceed the intensity perceived to be intended under the Public Land Use Designation of the Moscow Comprehensive Plan. Such allowable uses shall include and be limited to: a) Professional, financial, business and medical offices and any enterprise rendering professional or personal services b) Eating and drinking establishments such as cafeterias, delis and restaurants catering primarily to on-site permitted principal uses as an accessory use only c) Lodges, private clubs and fraternal societies d) Schools, commercial schools, churches, synagogues, mosques, governmental offices, libraries, museums, art galleries, police or tire stations, and similar public or private institutions e) Public utility installations relating directly to local distribution of services including switching and transmission stations, but not including warehouses and service yards f) Public off-street parking facilities, whether publicly or privately owned or operated; provide that any such area shall not be used as a sales or storage area for mobile homes, trailers, boats, or heavy equipment g) Health care facilities including hospitals and nursing homes h) Retail sales enterprises as an accessory use only 2) Development or redevelopment of the subject properties shall be restricted to the Multiple Family Residential (R-4) Zoning District building setback requirements for any yard abutting or across a street from a residential zoning district or residential use. 3) Development or redevelopment of the subject properties shall be restricted to the Multiple Family Residential (R-4) Zoning District maximum allowable building height of forty (40) feet. ---PAGE BREAK--- Accessory uses as listed in the General Business (GB) Zoning District shall be allowed by right. Conditional and Special Uses listed in the General Business (GB) Zoning District may still be allowed through issuance of a Conditional or a Special Use Penni!. Modification or waiver of development standards may still be allowed by Variance approval. The City Engineer is hereby directed to make the necessary amendments to the ofticial City maps for the City of Moscow, Idaho, which are on file at the Paul Mann Building located at 221 E. 2"d St. SECTION 3: SEVERABILITY: Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not affect the validity of remaining provisions. SECTION 4: EFFECT ON OTHER ORDINANCES: Where the definitions contained in this Ordinance are in conflict with relevant portions of City of Moscow, Idaho Municipal Code, the definition contained within those portions of the Moscow Code will be unaffected until such time, if any, as they are amended to be consistent with this Ordinance. SECTION 5: EFFECTIVE DATE: This Ordinance shall be effective upon its passage approval, and publication according to Jaw. PASSED by the City Council and APPROVED by the Mayor this 21" day of January, ATTEST: riSti1lean; ridge ' City Clerk d - January 6, 2003: Considered for first reading by title only (Ayes: Thomason, Busch, Kimberling. Nays: Hamlett, Mack.) January 21, 2003: Passed under suspension of the rules requiring three complete and separate readings, and that it be read by title only. Roll Call Vote: Ayes: Busch, Thomason, Hill, Mack, Kimberling. Nays: Hamlett. Abstentions: None.