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521542 ORJ)!NANCE NO. 2008-04 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL (R-3) AND MODERATE DENSITY, SINGLE FAMILY RESIDENTIAL AS DESCRIBED IN SECTION I OF THIS ORDINANCE 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 proposed change from Low Density Single Family Residential to Moderate Density, Single Family Residential (R-2) and Medium Density Residential (R-3) zoning district with the accompanying conditions of approval is consistent with the underlying Comprehensive Plan Land Use Designation of Low Density Residential (LR); and WHEREAS, the proposed uses that would be allowed by the proposed zoning, with the conditions imposed herein, is consistent and compatible with the surrounding land uses, provides tor the logical, orderly and efficient development of the subject property, and is consistent with the City of Moscow Comprehensive Plan; WHEREAS, the Moscow Planning and Zoning Commission held a duly noticed public hearing on January 9, 2008 and recommended approval of this rezoning; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on March 3'd, 2008 and passed a motion to approve this zoning 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: Medium Density Residential (R3) Zoning District A portion of the proposed Southgate 3'd Addition to the City of Moscow, a partial replat of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said proposed addition being an unrecorded plat dated April 16, 2008 on tile with said City of Moscow, with said Parcel being more particularly described as follows: Commencing at the northwest comer of the southwest quarter of said Section 16; thence S86°20'37"E 1340.65 feet to a point on the centerline of the 80 foot wide White Avenue right-of-way, said point being Station 0+00 as shown on the plat of the Southgate Addition, recorded as Instrument No. 490155 on file with the Recorder's office of said Latah County; thence S89°44'48"E 1979.08 feet to the southeast comer of the Southgate 2"d Addition to the City of Moscow, recorded as Instrument No. 498621 on file with said Recorder's office, said point being the OrdinancC 2008-04 Southgate 3"1 Rezone PagBlof4 ---PAGE BREAK--- 521542 southwest comer of said proposed Southgate 3 rd Addition; thence along the boundary of said addition the following courses: S89°44'48"E 658.84 feet, N00°2l '13"E 668.44 feet, S89°42'43"E 659.57 feet, and N 00°26'30"E 432.88 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, N 00°26'30"E 219.14 feet; thence along said boundary, N89°42'43"W 181.24 feet to the northeast comer of Parcel of said addition; thence along the easterly boundary of said Parcel S 28°47'26"W 250.29 feet to a point on the northerly right-of-way line of Granville Loop of said addition; thence S 02°48'00"E 25. 00 feet to the centerline of said Granville Loop; thence along said centerline, 68.13 feet along a curve to the left having a radius of 137.22 feet, a central angle of 28°26'48", and a chord of S72°58'36"W 67.43 feet; thence continuing along said centerline, 356.62 feet along a curve to the right having a radius of 650.00 feet, a central angle of 31 °26'07", and a chord of S74°28' 15"W 352.17 feet; thence continuing along said centerline, N89°48'4l "W 25.12 feet to the intersection with the centerline of Sutton Street of said addition; thence along said Sutton Street centerline, N 00°26'30"E 151.07 feet; thence leaving said centerline, N89°48'4l "W 292.25 feet along the northerly boundary of Block 1 of said addition; thence along said northerly boundary, S58°59'25"W 141.51 feet; thence along the westerly boundary of Lot 1 of said Block 1, 49.79 feet along a curve to the right having a radius of 100.36 feet, a central angle of 28°25'25", and a chord of S l 4 °0l '29"E 49.28 feet; thence along the southerly boundary of said Block I, S89°48'4l "E 45.00 feet; thence along the boundary of said addition, S 00°l l ' 19"W 60.00 feet to the northeast comer of Parcel of Block 2 of said addition; thence along the boundary of said Block 2, 28.83 feet along a curve to the left having a radius of 95.00 feet, a central angle of 17°23'17", and a chord of S8!029'4l "W 28.72 feet; thence along the boundary of Block 2 of said addition the following courses: S51°27'59"E 158.76 feet, S47°00'45"W 99.42 feet, and S41°l l '39"E 217.89 feet, thence S 05°34'00"W 30. 00 feet to the centerline of said Granville Loop; thence along said centerline, S84°26'00"E 13.63 feet; thence continuing along said centerline, 216.24 feet along a curve to the left having a radius of 270.00 feet, a central angle of 45°53' 19", and a chord of N72°3 7'21 "E 210.51 feet; thence N40°19'19"W 25.00 feet to the north right-of-way line of said Granville Loop; thence along the westerly boundary of Lot 28 of said Block 2 the following courses: N 02 °12'37"E 81.34 feet, Nil 036'29"E 64.42 feet , and N06°13'43"E 32.50 feet; thence along the southerly boundary of Lots 12 and 13 of said Block 2, N83°35'02"E 143.70 feet; thence along the southerly boundary of Lots 14, 15, and 16 of said Block 2, N74°47'4l "E 219. 04 feet; thence along the southerly boundary of Lots 17 and 18 of said Block 2, N67°03 '29"E 142.34 feet; thence along the southerly boundary of Lot 19 of said Block 2, N59°07'16"E 90.47 feet to a point on the westerly right-of-way line of said Granville Loop; thence N56°l i'19"E 25.00 feet to the centerline of said Granville Loop; thence along said centerline, 50.10 teet along a curve to the left having a radius of 137.22 feet, a central angle of 2 0°55'07'', and a chord of N44°16'14"W 49.82 feet to the centerline of Kismat Court of said addition; thence along said centerline, Ordinance 2008-04 Southgate 3"1 Rezone Page2 of4 ---PAGE BREAK--- ;)21542 N35°16'13"E 78.07 feet; thence S54°43'47"E 25.00 feet to the southeasterly right-of-way line of said Kismet Court; thence along the north boundary of Lot 7 of Block 3 of said addition, East 147.45 feet to the TRUE POINT OF BEGINNING. Said portion contains 6.80 acres. Medium Density, Single Family Residential (R2) Zoning District A portion of the proposed Southgate 3'd Addition to the City of Moscow, a partial replat of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, said proposed addition being an unrecorded plat dated April 16, 2008 on file with said City of Moscow, with said Parcel being more particularly described as follows: Commencing at the northwest comer of the southwest quarter of said Section 16; thence S86°20'37"E 1340.65 feet to a point on the centerline of the 80 foot wide White Avenue right-of-way, said point being Station 0+00 as shown on the plat of the Southgate Is' Addition, recorded as Instrument No. 490155 on file with the Recorder's ot1ice of said Latah County; thence S89°44'48"E 1979.08 feet to the southeast comer of the Southgate 2"d Addition to the City of Moscow, recorded as Instrument No. 498621 on file with said Recorder's office, said point being the southwest comer of said proposed Southgate 3'd Addition; thence along the boundary of said addition the following courses: S89°44'48"E 658.84 feet, N00°2l' 13"E 668.44 feet, S89°42' 43"E 659.57 feet, and N00°26'30"E 432.88 feet; thence leaving said boundary, West 147.45 feet along the north boundary of Lot 7 of Block 3 of said addition; thence N54°43'4T'W 25.00 feet to the centerline of Kismat Court of said addition; thence S35°16'13"W 78.07 feet along the centerline of said Kismat Court to the centerline of Granville Loop of said addition; thence along said centerline, 50.10 feet along a curve to the right having a radius of 137.22 feet, a central angle of 20°55'07", and a chord of S44°16'14"E 49.82 feet to the TRUE POINT OF BEGINNING; thence S56°1l' 19"W 25.00 feet to the northeast comer of Lot 20, Block 2 of said addition; thence along the northerly boundary of said Lot 20, S59°07' 16"W 90.47 feet; thence along the southerly boundary of Lots 17 and 18 of said Block 2, S67°03 '29"W 142.34 feet; thence along the southerly boundary of Lots 14, 15, and 16 of said Block 2, S74°47'4l"W 219.04 feet; thence along the southerly boundary of Lots 12 and 13 of said Block 2, S83°35'02"W 143.70 feet; thence along the westerly boundary of Lot 28 of said Block 2 the following courses: S06°13'43"W 32.50 teet, S l l036'29"W 64.42 teet, and S02°!2'37"W 81.34 feet to a point on the northerly right-of-way line of Granville Loop; thence S40°19'19"E 25.00 feet to the centerline of Granville Loop; thence along said centerline, 30.59 feet along a curve to the left having a radius of 270.00 feet, a central angle of 6°29'30", and a chord of N46°25'56"E 30.58 feet; thence continuing along said centerline, 114.10 feet along a curve to the right having a radius of 200.00 feet, a central angle of 32°41' 13", and a chord of N59°3l '47"E 112.56 feet; thence continuing along said centerline, N75°52'23"E 399.51 feet; thence continuing along said centerline, 262.68 feet along a curve to the left having a radius of 137.22 feet, a central angle of 109°41 '04", and a chord of Ordinance 2008-04 Southgate 3rd Rezone March 3'11, 2008 Page 3 of4 ---PAGE BREAK--- N21 °02'5l "E 224.37 feet to the TRUE POINT OF BEGINNING. Said portion eontains 2. 02 acres. SECTION 2: ZONING: That the property described in Section 1 of this Ordinance be and the same hereby is zoned Medium Density Residential (R3), and Moderate Density, Single Family Residential (R-2) Zoning District, with the conditions of approval listed below, 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. 1. That the proposed R-3 Zoning Districts be limited to no more than detached single-family dwellings with the exception of Lots 6, 7, and 8 of Block 2 as shown upon the attached proposed preliminary plat. 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. PASSED by the City Council and APPROVED by the Mayor this 3rd day of March 2008. ATTEST: OrdinancB 2008-04 Southgate 3"1 Rezone March JrJ·, 2008 Page 4 of 4