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ORDINANCE NO. 2004 -16 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY SEVEN POINT SEVEN EIGHT (7.78) ACRES AND THIRTY SEVEN POINT EIGHT EIGHT (37.88) ACRES OF PROPERTY LOCATED EAST OF WHITE AVENUE AND CONTINUING IN AN EAST NORTHEASTERLY DIRECTION TO A POINT TO THE EAST OF FAIRVIEW DRIVE, LEGALLY DESCRIBED IN SECTIONS I AND 2 HEREIN, FROM AGRICULTURE/FORESTRY (AF) ZONING DISTRICT AND FROM SUBURBAN RESIDENTIAL (SR) ZONING DISTRICT TO LOW-DENSITY SINGLE FAMILY RESIDENTIAL (R-1) ZONING DISTRICT; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the land described in Section I of this Ordinance consisting of approximately seven point seven eight acres (7.78) is adjacent to property zoned Multi-Family Residential (R-4) Zoning District to the north and zoned as Low-Density Single Family Residential (R-1) Zoning District to the south and to the west; and WHEREAS, the land described in Section 2 of this Ordinance consisting of approximately thirty seven point eight eight acres (37.88) is adjacent to property zoned Multi-Family Residential (R-4) Zoning District and Neighborhood Business (NB) Zoning District and Moderate Density Single Family Residential (R-2) Zoning District to the north, and Low-Density Single Family Residential (R-1) Zoning District to the south and to the east; and WHEREAS, the land described in Section 1 and 2 of this Ordinance is designated as Low Density Residential (LR) on the Comprehensive Plan Map; and WHEREAS, the Low Density Residential (LR) Zoning District is consistent with the Low Density Residential (LR) Comprehensive Plan Land Use Planning designation; and WHEREAS, the Planning and Zoning Commission held a public hearing and unanimously recommended approval of this matter on November 12, 2003; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on this matter on February 17, 2003 and passed a motion to approve the proposed rezone; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: Legal Description. All that portion of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, recorded in Book 2 of Plats, page 36, described as follows: BEGINNING at the northeast corner of Lot 38 of said Plat of Section 16; Thence along the north line thereof, N89°44'48"W, 659.66 teet to the centerline of a vacated 80 foot wide R/W situated between Lots 38 and 39 of said Plat; Thence along said centerline, N00° 10'33"E, 40.00 feet to the centerline of an intersecting vacated 80 foot wide R/W situated between Lots 27 and 38 of said Plat; Thence along said centerline, S89°44'48"E, 200.00 feet; Thence Northeasterly, along the ORDINANCE 2004-16 REZONE R-1, R-1 PAGE10F 3 ---PAGE BREAK--- centerline of a proposed street, 762.86 feet, along the are of a tangent I 000 foot curve to the left, through a central angle of 43°42'32", and a chord of N68°23'56"E, 744.50 feet to a point of tangency; thence continuing along said centerline, N46°32'40"E, 215.45 feet; Thence leaving said centerline, S43°27'19"E, 190.10 feet; Thence S25°53'17"E, 32!.48 feet to the point of intersection of the centerline of a vacated 80 foot wide R1W situated between Lots 28 and 29 of said Plat, and the centerline of a vacated 80 foot wide RJW situated between Lots 36 and 37 of said Plat; Thence along said centerline between Lots 28 and 29, N89°44'48"W, 659.74 feet; thence S00°38'45"E, 40.01 feet to the point of beginning. Containing 7.78 Acres, more or less. SECTION 2: Legal Description. All that portion of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, recorded in Book 2 of Plats, page 36, described as follows: BEGINNING at the southeast corner of Lot 18 of said Plat of Section 16; Thence along the south line thereof, N89°42'43"W, 659.57 feet to the centerline of a vacated 80 toot wide RJW situated between Lots 30 and 31 of said Plat; Thence along said centerline, S00°2l ' 13"W, 668.44 feet to the centerline of an intersecting vacated 80 foot wide RIW situated between Lots 30 and 35 of said Plat; Thence along said centerline, N89°44' 48"W, 1,318.19 feet to the centerline of an intersecting vacated 80 foot wide RJW located between Lots 36 and 3 7 of said Plat; Thence N25°53' 17"W, 321.61 feet; Thence N55°5l ' 17"E, 309.07 feet; Thence N46°32'40"E, 935.87 feet to a point on the south boundary of the Schierman tract described in Warranty Deed No.330739, records of said County, said point lying S89°48'41 "E,l29.50 feet from the southwest corner of said tract; Thence S89°48'4l"E, 430.50 feet along said south boundary and along the south boundary of the Gosselin tract described in Warranty Deed No.360074, records of said County, to the southeast corner of said Gosselin tract; Thence along the extended east boundary of said tract, N00°26'30"E, 230.26 feet; Thence northeasterly along a line parallel with and 25 feet distant of (when measured perpendicularly) the southerly boundary of Moser Estates Fifth Addition to the City of Moscow, recorded as Instrument No. 410298, records of said County, 104.43 feet along the arc of a non-tangent 1,275 foot radius curve to the left, through a central angle of 4°41 '34", and a chord of N73°44'36"E, 104.40 feet to the centerline of a partially vacated 80 foot wide RJW situated between Lots 14 and 15 of said Plat of Section 16; Thence leaving said parallel line, S00°26'30"W, 49.99 feet, along said centerline, to the centerline of an intersecting partially vacated 80 foot wide RIW situated between Lots 15 and 18 of said Plat; Thence along said centerline, S89°42'43"E, 660.00 feet; Thence along the east line of said Lot 18 extended, S 00°26'30"W, 652.02 feet; to the point of beginning above described. Containing 37.88 Acres, more or less. SECTION 3: ZONING. The land described in Section l and Section 2 of this Ordinance be and the same hereby is, rezoned from Agriculture/Forestry (AF) Zoning District and from Suburban Residential (SR) Zoning District to Low Density Single Family Residential (R-1) Zoning District; and the City Engineer is hereby ordered and directed to make the necessary amendments to the official City maps for the City of Moscow, Idaho, which are on file at 221 East Second Street. SECTION 4: 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 5: EJ<'FECT 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 ORDINANCE 2004 -16 REZONE R-1. R-1 PAGE2 OF 3 ---PAGE BREAK--- 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 6: EFFECTIVE DATE: This Ordinance shall be effective upon its passage approval, and publication according to law. PASSED by the City Council and APPROVED by the Mayor this day of April, 2004. ATTEST: s ORDINANCE 2004 -16 REZONE R-1, R-1 PAGE 30F 3