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ORDINANCE NO. 2002- 23 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY COMMONLY IG--:OWN AS 226 BAKER STREET FROM FARM, RANCH, AND OUTDOOR RECREATION (FR) ZONING DISTRICT TO MULTIPLE FAMILY RESIDENTIAL (R-4) 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 land described in Section 1 of this Ordinance is adjacent to or in close proximity to existing Multiple Family Residential (R-4) zoned land to the east and adjacent to Motor Business (MB) zoned land to the south; and WHEREAS, the land described in Section I of this Ordinance is designated as High Density Residential (HR) on the Moscow Comprehensive Plan map; and WHEREAS, the proposed R-4 zoning of the land described in Section I of this Ordinance is more compatible with the Comprehensive Plan HR Land Use Designation; and WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing on this matter on September 25, 2002; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on this matter on December 16, 2002. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: All that certain real property situate within Government Lot 3, Section 7, T 39 N, R 5 W, BM, City of Moscow, Latah County, Idaho, being described as follows: BEGINNING at the southeast comer of the SEli4 of the NWl/4; Thence along the south line thereof, S 87"29'02"W, 719.01 feet to an intersection with the northerly prolongation of the east line of the Street Addition (doc. No. 388641) said point being the TRUE POINT OF BEGINNING; Thence along said prolongation, S 00"43' 12"W, 207.35 feet to the northeast comer of said Addition; Thence along the north and west boundaries of said Addition the following four courses: S 86°00'00"W, 380.00 feet; S 58"00'00"W, 180.00 feet; S 28°18'45"W, 250.73 feet; S 00°43'11"W, 80.00 feet to the southwest comer of said Addition; Thence along the northerly lines of the Baker Addition the following three courses: N 89°27'46"W, 217.96 feet; N 58°54'53"W, 547.21 feet; S 39°26'39"W, 83.90 feet; Thence leaving said lines of the Baker Addition, N 01°0] '22"E, 349.25 feet to a point in the east-west Y. line of said ---PAGE BREAK--- Section 7; Thence along said Y. line, N 87"29'02"E, 1389.24 feet to the TRUE POINT OF BEGINNING. SECTION 2: ZONING: That the property described in Section I of this Ordinance be and the same hereby is conditionally rezoned from Farm, Ranch, and Outdoor Recreation (FR) Zoning District to Multiple Family Residential (R-4) Zoning District conditioned upon; I ) public right of way to accommodate the extension of Baker St. through the property from the existing end of Baker St. to the north property line be dedicated in width and alignment that is accepted by the City, and 2) any necessary wetlands approvals are obtained from the Army Corps of Engineers prior to any fill or development on the property; and the City Engineer is hereby directed to make the necessary amendments to all applicable, official City maps, which are on file at the Paul Mann Building at 221 East Second Street, Moscow Idaho. 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 prOVJSJOns. 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. PASS ED by the City Council and APPROVED by the Mayor this j_Q.J;b day of Decembe,r 2002.