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ORDINANCE NO. 2004- 22 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF TIIE STATE OF IDAHO; PROVIDING FOR THE REZONING OF LAND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE FROM AGRICULTURE/FORESTRY (AF) ZONING DISTRICT TO FARM, RANCH AND OUTDOOR RECREATION (FR) ZONING DISTRICT; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the land described in Section l of this Ordinance is adjacent to property zoned Multi-Family Residential (R-4) Zoning District and Moderate-Density Single Family Residential (R-2) Zoning District; and WHEREAS, the land described in Section I of this Ordinance has been annexed to the City of Moscow on May 3, 2004; and WHEREAS, the laud described in Section l and 2 of this Ordinance is designated as Low Density Residential (LR) on the Comprehensive Plan Map; and WHEREAS, the Farm, Ranch and Outdoor Recreation (FR) Zoning District is consistent with the Low Density Residential (LR) Comprehensive Piau Land Use Planning designation; and WHEREAS, the Planning and Zoning Commission held a public hearing and unanimously recommended approval of this matter on March 24, 2004; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on this matter on Mary 3, 2004 and passed a motion to approve the proposed rezone; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: Legal Description. A tract ef land situated in the northwest quarter of the southwest quarter of Section 5, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and being more particularly described as follows: Beginning at the northwest comer of said northwest quarter of the southwest quarter of Section 5; thence S89°39'37"E 67.45 feet along the north boundary of said southwest quarter to the east right-of-way line of U.S. Highway 95; thence continuing along the north boundary of said southwest quarter, and along the north boundary of the McCoy tract described in Warranty Deed No. 315178 on file with the Recorder's office of said County, S89°39'37"E 889.38 feet to an angle point on the existing corporate boundary of the City of Moscow; thence along said existing corporate boundary, S00°50'25"W 647.80 feet; thence continuing along said corporate boundary, N89°27'27"W 918.47 feet, to the east right-of-way line of said Highway; thence continuing along said corporate boundary, N89° 14 '23"W 38.34 feet, to the ORDINANCE 2004 -22 1600 HWY 95 NORTH REZONE PAGE10F2 ---PAGE BREAK--- west boundary of said Section 5; thence continuing along said corporate boundary, N89° 14'23"W 71.66 feet to the west right-of-way line of said Highway; thence leaving said corporate boundary, and along said right-of-way line, N00°45'37''E 644.27 feet; thence leaving said right-of-way line, S89° 14 '23"E 72.56 feet to the point of beginning. Said tract contains 15.26 acres, more or less. SECTION 2: ZONING. The land described in Section I of this Ordinance be and the same hereby is, rezoned from Agriculture/Forestry (AF) Zoning District to Farm, Ranch and Outdoor Recreation (FR) Zoning District; and the City Engineer is hereby ordered and directed to make the necessary amendments to the official City maps for the City of Moscow, Idaho, which are on file at 221 East Second 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. PASSED by the City Council and APPROVED by the Mayor this 3rd day of May, 2004. ATTEST: ORDINANCE 2004 -22 1600 HWY 95 NORTH REZONE PAGE20F2