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ORDINANCE NO. 2005-09 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTIES ADDRESSED AS 1001 AND 1039 NORTH POLK EXTENSION AND DESCRIBED IN SECTION 1 OF THIS ORDINANCE FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (R-1) ZONING DISTRICT TO MEDIUM DENSITY RESIDENTIAL (R-3) 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, the lands described in Section 1 of this Ordinance are adjacent to existing Medium Density Residential (R-3) zoned land to the south and to the west; and WHEREAS, the lands described in Section 1 of this Ordinance are designated as Low Density Residential (LR) on the Moscow Comprehensive Plan map which suggests a maximum density of 9 dwelling units per net acre; and WHEREAS, the proposed R-3 Zoning District is found to be compatible with the applicable Comprehensive Plan LR Land Use Designation due to apparent size, configuration and access limitations of the subject lands and due to Zoning Code requirements which would prevent the lands described in Section 1 of this Ordinance from being developed at a density exceeding the maximum suggested by the LR designation; and WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing and unanimously recommended approval of this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on February 9, 2005; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing and passed a motion to approve this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on March 7, 2005; 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 located in the SE1/4SW!/4 of Section 5, Township 39 North, Range 5, W.B.M. and being more particularly described as follows: Beginning at the Southwest corner of said Section 5; thence East 1366.26 feet along the South line of said Section 5; then N. 0° 28' 07" W. 120 feet to the TRUE POINT OF BEGINNING; thence N. Oo 28' 07" W. 116 feet; then East 412.57 feet to a point on the West right of way of North Polk Extension; thence, along said right of way, S. 9° 05' 37" E. 117.47 feet; thence, leaving said right of way, West 260 feet; then South 46.90 feet; thence West 100.80 feet; thence North 46.90 feet; thence West 69.39 feet to the TRUE POINT OF BEGINNING. Ordinance 2005-09 March 7, 2005 Page l of2 ---PAGE BREAK--- Also: A parcel of land located in the SEI/4 SW1/4 of Section 5, T39N R5W, BM, and being more particularly described as follows: Beginning at the southwest corner of Section 5, T39N R5W, BM; thence East 1645.46 feet along the south line of said Section 5; thence North 20.00 feet to the TRUE POINT OF BEGINNING. Thence North 100.00 feet; Thence East 150.00 feet to a point 5 feet westerly of and perpendicular to the west right-of-way of Polk Street Extension; Thence S 9°05'38" E, 101.27 feet parallel to and 5 feet westerly of said west right-of way of Polk Street Extension to a point 20 feet north of the south line of said Section 5; Thence West 166.01 feet along a line of 20 feet north of and parallel to the said south line of Section 5 to the TRUE POINT OF BEGINNING. SECTION 2: ZONING: That the property described in Section 1 of this Ordinance be and the same hereby is rezoned from Low Density Single Family Residential (R-1) Zoning District to Medium Density Residential (R-3) Zoning District and the City Engineer is hereby ordered to make the necessary amendments the ot1icial maps of the City of Moscow which are on file at 221 East 2" d Street. 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. PASS ED by the City Council and APPROVED by the Mayor this 7t h day of March, 200 Ordinance 2005 09 March 7, 2005 Page 2 of2