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496908 ORDINANCE NO. 2005-19 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 FARM RANCH AND OUTDOOR RECREATION (FR) ZONING DISTRICT AND 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 PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the land described in Section 1 of this Ordinance is adjacent to lands zoned RTO Zoning District to the north; and WHEREAS, the land described in Section 1 of this Ordinance is on the border of lands designated as Low Density Residential (LR) and Extensive Commercial (EC) on the Moscow Comprehensive Plan map; and WHEREAS, the Moscow Comprehensive Plan, 13-3, stated that "The Comprehensive Plan Map shows generalized land uses to be located in the planning area. Boundary lines for land uses shown on the Comprehensive Plan Map are general. In the determination of whether a specific zoning classification conforms to the designation on the map, flexibility should be used to interpret the zoning district boundaries." WHEREAS, the proposed RTO Zoning District IS found to be compatible with the Comprehensive Plan EC Land Use Designation; and WHEREAS, Moscow Planning and Zoning Commission conducted a duly noticed public hearing on May 11, 2005 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 June 20, 2005, and passed a motion 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 114 Section 17, T39N, R5WBM and being more particularly described as follows: Beginning at the southeast corner of said Section 17, thence N 0°07'50" W, 838.38 feet, along the section line, to the True Point of Beginning; Thence S 89°52' 12" W, 32.25 feet to a point on the west RIW line of Mt. View Road; Ordinance 2005-19 Altur Rezone- June 2005 Page ! of 2 ---PAGE BREAK--- Thence leaving said RIW line S 89°52' 12" W, 190.90 feet, along the south line of Alturas Business Park Phase II, to the southwest comer of Lot 4, Block 2 of said Business Park; Thence N 69°14'51" W, 486.90 feet to the southwest comer of said Business Park; Thence 326.76 feet, along a non-tangent curve to the left with R=1237.21', Delta=15°07'57", Chord= 325.81', and Chord Bearing= S 82°33'52" E; Thence N 89°52' 10" E, 355.11 feet to a point on the east line of said section 17; Thence N 0°07' 50" W, 334.89 feet, along the section line, to the north edge of said Business Park; Thence 4.69 feet, along a non-tangent curve to the left with R=l954.88', Delta= 0°08' 15", Chord= 4.69', and Chord Bearing= S 7S000'50" E, to the northeast comer of said Business Park, said point also being on the centerline of Mt. View Road; Thence S 0°31'33" E, 464.35 feet, along said centerline, to the southeast comer of said Business Park; Thence S 89°52' 12" W. 7.75 feet to the True Point of Beginning. Said parcel contains 1.298 acres. SECTION 2: ZONING: That the property described in Section 1 of this Ordinance be and the same hereby is rezoned from Farm Ranch and Outdoor Recreation (FR) Zoning District and 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 any 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. PASSED by the City Council and APPROVED by the Mayor this 20th day of June, 200 ATTEST: Ordinance 2005-19