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ORDINANCE NO. 2006-07 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF LANDS FROM AGRICULTURE/FORESTRY (AF) ZONING DISTRICT TO MODERATE DENSITY SINGLE FAMILY RESIDENTIAL (R-2) ZONING DISTRICT, AS DESCRIBED IN SECTION 1 OF THIS ORDINANCE WITH A CONDITION; 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 (subject lands) are adjacent to lands zoned Medium Density Residential (R-3) Zoning District, Farm Ranch and Outdoor Recreation (FR) Zoning District, and Moderate Density Single Family Residential (R-2) Zoning District ; and WHEREAS, the subject lands are designated as Low Density Residential (LR) on the Moscow Comprehensive Plan Map; and WHEREAS, the proposed R-2 Zoning District is found to be more compatible with the applicable Comprehensive Plan LR Land Use Designation than the existing AF Zoning District for the subject lands; and WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing on June 14,2006 and recommended approval of this rezoning; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on July 17th, 2006 and passed a motion to approve this zoning with a condition 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: Situated in the State of Idaho, County of Latah and is described as follows: Parcell A parcel of land located in the SW 1A of Section 5, Township 39 North, Range 5 West, B.M., being more particularly described as follows: Beginning at the S comer of said Section 5, said quarter comer being a Latah County brass cap monument; thence West 1404.58 feet along the South section line; then North 488.49 feet; then N. 13°41' 19" W. 257 feet to the Southwest comer of said parcel and the TRUE POINT OF BEGINNING; thence N. 13°41' 19" W. 257 feet; thence S. 88°55'44" E. 525.64 feet to the centerline of the existing county road; thence 13°41' 19" E. 257 feet along said centerline, thence 88°55'44" W. 525.64 feet to the TRUE POINT OF BEGINNING. Ordinance 2006-07 July 17th, 2006 Page I of3 ---PAGE BREAK--- SUBJECT TO a 25 foot county road right of way on the East side of the above describe property. Parcel 2 A parcel of land located in the SW Y2 SW 'A of Section 5, Township 3g North, Range 5 W.B.M., being more particularly described as follows: Beginning at the South quarter corner of said Section 5, said quarter comer being a Latah County brass cap monument; thence West, 1404.58 feet along the South section line of said Section 5; thence North 488.4g feet to the Southwest corner of said parcel and the TRUE POINT OF BEGINNING, thence N 13°41' 1g" W. 257 feet; then S 88°55'44" E. 525.64 feet to the centerline of the existing county road; thence S. 13°41 '19" E. 257.00 feet along said centerline of said county road; thence 88°55'44" W. 525.64 feet to the TRUE POINT OF BEGINNING. SUBJECT TO a 25 foot county road right of way on the East side. Parcel 3 A parcel of land in the SE 'A SW 'A of Section 5, Township 3g North, Range 5 W.B.M., described as follows: The point of beginning (P.O.B. No.2) is N. goo W. 822.41 feet, thence N. goo5'38" W. 23g feet from the South quarter corner of said Section 5; thence N goo W. 417.63 feet; then N. 00³8'07" W. 250.17 feet; thence S. 88°55' 44" E. 400.8g feet to the centerline of the county highway, thence S. 11°42'4g" E. 114_gg feet along said centerline of the county highway, thence continuing along said centerline S. 09°05'38" E. 131.72 feet; thence N. goo W 25.31 feet to P.O.B. No. 2. SUBJECT TO a 25 foot county road right of way on the East side of the above described property. SECTION 2: ZONING: That the lands described in Section 1 of this Ordinance be and the same hereby is zoned Moderate Density Single Family Residential (R-2) Zoning District with a condition, and the City Engineer is hereby ordered to make the necessary amendments the official maps of the City of Moscow which are on file at 221 East 2nd Street. SECTION 3: CONDITION OF ZONING: That the lands described in Section 1 of this Ordinance are designated Moderate Density Single Family Residential (R2) Zoning District only upon the condition that no access be allowed from the subject property to the adjacent fire lane connecting Pintail Lane and Mallart Court both of which are located in the Quail Run First Addition to the City of Moscow. 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: 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. Ordinance 2006-07 July 17th, 2006 Page 2 of 3 ---PAGE BREAK--- 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 17th day of July, 2006. ATTEST: Ordinance 2006-07 July 17th, 2006 Page 3 of3