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ORDINANCE NO. 2005- II AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE CONDITIONAL REZONING OF APPROXIMATELY 6.72 ACRES, AS DESCRIBED IN SECTION I OF THIS ORDINANCE, FROM AGRICULTURAL/FORESTRY (AF) ZONING DISTRICT, LOW DENSITY SINGLE FAMILY RESIDENTIAL (R-1) ZONING DISTRICT AND MODERATE DENSITY SINGLE FAMILY RESIDENTIAL (R-2) ZONING DISTRICT TO MEDIUM DENSITY RESIDENTIAL (R-3) 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 PAS SAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the lands described in Section 1 of this Ordinance (subject land) are adjacent to existing Multiple Family Residential (R-4) zoned land to the south; and WHEREAS, the lands described in Section I of this Ordinance are designated as Low Density Residential (LR) on the Moscow Comprehensive Plan map which suggests a maximum density of 9 dwelling units per net acre; and WHEREAS, the proposed R-3 Zoning District is found to be compatible with the applicable Comprehensive Plan LR Land Use Designation due to the fact that the subject land has a subdivision plat proposal being processed concurrent with this rezoning and which shows a density of less than nine dwelling units per acre; and WHEREAS, the condition of rezoning specified in Section 2 of this ordinance is deemed to be in the public interest due to the fact that the subject property is adjacent to an established single family residential neighborhood to the north whose residents provided substantial testimony regarding the inappropriateness of locating duplexes on the subject land; and WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing and unanimously recommended approval of this conditional rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on February 23 2005; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing and passed a motion to approve this conditional rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on March 21, 2005; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, lDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: A portion of the Salisbury tract (JEMCA, LLC) situated in Lot 20 and 29 of the Plat of Section 16, T. 39 R 5 B. Latah County, Idaho, with said portion being more particularly described as follows: Ordinance 2005-11 March 21, 2005 Page I of3 ---PAGE BREAK--- Commencing at the West V. comer of Section 16 and running thence S 86°20'37" E 1340.65 feet to a point on the centerline of White Avenue, said point being Station 0+00.0; thence S 89°44'48"E 200.00 feet along said centerline to P.C. Station 2+00.00; thence 762.86 feet along a curve to the left having a central angle of 43°42'31", radius of 1000.00 feet and a chord length of 744.50 feet bearing N 68°23'56"E to P.T. Station 9+62.86; thence N 46°32'40"E 730.37 feet to a point along the centerline of White Avenue to Station 16+93.23 and the TRUE POINT OF BEGINNING for this deseription; thence N46°32'40"E 80.00 feet; thence S43°27'20"E 180.00 feet to the southeast comer of Lot 2, Block 3 Southgate l st Addition; thence N46°34' 14"E 241.02 feet along the southeasterly boundary of said Block 3 to the south right-of-way line of Joseph Street; thence 161.36 feet along said south right-of-way line, along a curve to the left having a central angle of 20°05'54", a radius of 460.00 feet and a chord length of 160.53 feet bearing N88°05'02"E; thence N78°02'05"E 299.84 feet; thence S4J054'5l "E 237.96 feet; thence S l0°37'52"W 49.20 feet; thence S48°!2'06"W 650.85 feet; thence N43°27'20"W 331.14 feet to the TRUE POINT OF BEGINNING. The bearing reference for this description is the west line of the northwest quarter of said Section 16 being N00°53' I T'E. Said Parcel contains 6.72 Acres. SECTION 2: ZONING: That the property described in Section I of this Ordinance be and the same hereby is conditionally rezoned from Agriculture/Forestry (AF) Zoning District, Low Density Single Family Residential (R-1) Zoning District and Moderate Density Single Family Residential (r-2) Zoning District to Medium Density Residential (R-3) Zoning District 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 2" d Street, subject to the condition that no duplex/two family residential development occur on the subject land. 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. Ordinance 2005¥11 March 21, 2005 Page 2 of3 ---PAGE BREAK--- SECTION 4: EFFECT ON OTHER ORDINANCES: Where the definitions contained in this Ordinance are in cont1iet 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. PASS ED by the City Council and APPROVED by the Mayor this 21st day of March, 2005. ATTEST: Ordinance 2005Mll March 21, 2005 Page 3 of3