Full Text
ORDINANCE NO. 2004-34 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF CURRENTLY UNDEVELOPED PROPERTY GENERALLY DESCRIBED AS BEING LOCATED SOUTH OF STATE HIGHWAY 8, WEST OF SOUTH MOUNTAIN VIEW ROAD AND EAST OF ALTURAS BUSINESS PARK, PHASE 1. FROM MOTOR BUSINESS (MB) ZONING DISTRICT TO RESEARCH, TECHNOLOGY AND OFFICE (RTO) 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 PAS SAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the land described in Section I of this Ordinance is adjacent to lands zoned RTO Zoning District to the west; and WHEREAS, the land described in Section 1 of this Ordinance 1s designated as Extensive Commercial (EC) on the Moscow Comprehensive Plan map; and WHEREAS, the proposed RTO Zoning District is found to be compatible with the applicable Comprehensive Plan EC Land Use; and WHEREAS, Moscow Planning and Zoning Commission conducted a duly noticed public hearing on July 14, 2004 and recommended approval of this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on September 7, 2004 and voted to approve this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: A parcel of land situated in the SE Y4 Section 17, T39N, R5WBM and being more particularly described as follows: Beginning at the southeast comer of said Sec 17, thence N 0'07'50" W, 1303.89 feet, along the section line, to a point on the south line of the former railroad right-of-way, said point being the True Point of Beginning; Thence S 0'07'50" E, 334.86 feet, along the section line; Thence S 89' 52' 1 0" W, 355. I 0 feet; Thence 326.76 feet, along a curve to the right, with R = 1237.21, Central angle = !5'07'57"; ()rd;nancc 2004-34 Alturas Phase 2 Ruone Pagel of2 ---PAGE BREAK--- Chord Bearing= N 82'33'52" W, Chord Length= 325.81 feet to the southeast comer of the public park; Thence N 21 "51' 40" E, 235.73 feet to the northeast comer of the public park; Thence S 67'57'46" E, 124.00 feet; Thence N 21"51 '40" E, 276.00 feet to the northeast comer of Alturus Business Park Phase I; Thence S 6T57'46" E, 157.72 feet; Thence 238.23 feet, along a curve to the left, with R = 1954.88 feet, Central Angle= 6'58'56", Chord Bearing = S 71"27' 14" E, Chord Length = 238.08 feet to the True Point of Beginning. Said parcel contains 5.04 acres. SECTION 2: ZONING: That the property described in Section 1 of this Ordinance be and the same hereby is rezoned from Motor Business (MB) Zoning District to Research, Technology, and Office (RTO) Zoning District, and the City Engineer is hereby ordered to make the necessary, related amendments the official maps of the City of Moscow. 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 law. PAS SED by the City Council and APPROVED by the Mayor this 7'h day of Septembe ATTEST: ()rdinancc 2004%34 Alturas Phase 2 Rezone Pag& 2 of2