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ORDINANCE NO. 2004 -17 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY SEVENTEEN POINT THREE TWO ( 17.32) ACRES SOUTH OF JOSEPH STREET BETWEEN EL CAJON STREET AND SOMEWHAT EAST OF WHAT WOULD BE A SOUTHERLY EXTENSION OF HATHAWAY STREET, LEGALLY DESCRIBED IN SECTION I HEREIN FROM MODERATE-DENSITY SINGLE FAMILY RESIDENTIAL (R-2) ZONING DISTRICT TO SINGLE FAMILY RESIDENTIAL (R-1) ZONING DISTRICT WHERE PREVIOUSLY ZONED AND ESTABLISHING LOW-DENSITY SINGLE FAMILY RESIDENTIAL (R-1) WHERE NOT PREVIOUSLY ZONED; 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, land described in Section I of this Ordinance is adjacent to or consisting of Moderate Density Single Family Residential (R-2) zoning; and WHEREAS, it has been determined by Council that a less impactive and less dense use of the property described in Section l is appropriate in order to preserve the residential character of such property; and WHEREAS, the Low-Density Single Family Residential (R-l ) Zoning District is compatible with adjacent Zoning Districts; and WHEREAS, Moscow Planning and Zoning Commission unanimously recommended approval of the subject rezoning of a duly noticed public hearing held on November 12, 2003; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on this matter on February 17, 2003 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 l: Legal Description. All that portion of the Plat of Section 16, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, recorded in Book 2 of Plats, page 36, described as follows: BEGINNING at the southeast corner of Lot of Block 9 of the Monte Vista Addition to the City of Moscow, Idaho, recorded in Book 5 of Plats, page 31, records of said County; Thence along the boundary of said Plat, N00°55' 13"E, 213.05 feet; Thence continuing along said boundary, N50°!4'28"E, 125.55 feet to a point on the R!W of El Cajon Street; Thence along said RJW, 160.06 feet along a non-tangent 50 foot radius curve to the left, through a central angle of 183°25' 10", and a chord of N74°50'27"E, 99.96 feet; Thence continuing along said Monte Vista Addition boundary, S89°44 '33"E, 43.89 feet to the southeast corner of Lot 5, Block 8 of said Addition; Thence continuing along said Addition boundary, N00°54'35"E, 339.89 feet to the centerline of the Joseph Street RJW; Thence leaving said boundary, along said centerline, S89°46'55"E, 805.89 feet; Thence continuing along said centerline, 338.03 feet, along the arc of a tangent 700 foot radius curve to the right, through a central angle of ORDINANCE 2004-17 SALISBURY REZONE R-2 TO R-1 PAGE 1 OF2 ---PAGE BREAK--- 27°40' 13", and a chord of S75°56'48"E, 338.78 feet; Thence continuing along said centerline and along the centerline of a proposed street, S62°06'42"E, 109.89 feet; Thence continuing along said proposed centerline, 98.64 feet, along the arc of a tangent 1177.34 foot radius curve to the right, through a central angle of 04°48'01", and a chord of S59°42'42"E, 98.61 feet; Thence leaving said centerline, S46°32'40"W, 250.17 feet; Thence S75°42'45"W, 246.21 feet; Thence S48°37'38"W, 275.18 feet; Thence S70°59'40"W, 131.93 feet; Thence S87°09'03"W, 410.00 feet; Thence S62°l7'20"W, 200.00 feet; Thence S83°34'50"W, 200.00 feet to the centerline of a vacated 80 foot wide R/W situated between Lots 26 and 27 of said Plat of Section 16; Thence along said centerline, N 00°l0'33"E, 119.78 feet, to a line projected between the northwest corner of Lot 27 and the northeast corner of Lot 26 of said Plat; Thence along said projected line, N89°56'04"W, 22.25 feet to the point of beginning above described. Containing 17.32 Acres, more or less. SECTION 2: Zoning. The laud described in Section 1 of this Ordinance be and the same is hereby rezoned from Moderate-Density Single Family Residential (R-2) Zoning District where such zoning has been established to Low-Density Single Family Residential (R-1) Zoning District and the remainder of the land described in Section 1 of this Ordinance shall be designated Low Density Single Family Residential (R-1) 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 s•h day of April, 2004/ ATTEST: ORDINANCE 2004-17 SALISBURY REZONE R-2 TO R-1 PAGE20F2