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ORDINANCE NO. 2003-21 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY COMMONLY KNOWN AS 1433 WEST STREET AND LEGALLY DESCRIBED IN SECTION I OF THIS ORDINANCE FROM MOTOR BUSINESS (MB) 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 I of this Ordinance is adjacent to existing R-4 zoned land; and WHEREAS, the land described in Section I of this Ordinance is designated as Extensive Commercial (EC) on the Moscow Comprehensive Plan map; and WHEREAS, the proposed R-4 zoning of the subject property is less intensive than the most intensive zoning intended for the EC designation; and WHEREAS, the Land Use Element of the Comprehensive Plan states that lands may be zoned for less intensive, but not more intensive uses than intended by the Land Use Designation on the Comprehensive Plan Map; and WHEREAS, Moscow Planning and Zoning Commission recommended conditional approval of the subject rezoning after a duly noticed public hearing held on July 23, 2003; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on this matter on August 18,2003. 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 situated within the Southwest quarter of Section 7, T 39 N, R 5 W, BM, City of Moscow, Latah County, Idaho, being described as follows: A parcel of land situated in the SW V. of Section 7, T39N, R5W, BM and being more particularly described as follows: Beginning at the southwest corner of the SW V. of said Section 7; thence N 0°01 '22" E, 1421.84 feet, along the west line of said Section 7, to the True Point of Beginning; Thence continuing N 0°0 I '22" E, 472.00 feet; Thence S 88°58'38" E, 132.50 feet; Thence S 0°01 '22" W, 472.00 feet; Thence N 88°58'38" W, 1320.50 feet to the True Point of Beginning. Ordinance 2003-21 Page I of2 ---PAGE BREAK--- Said parcel contains I .44 acres more or less. SECTION 2: ZONING: That the land described in Section 1 of this Ordinance be and the same hereby is conditionally rezoned from Motor Business (MB) Zoning to Multiple Family Residential (R Zoning District; 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. SECTION 3: CONDITIONS: That this Ordinance is effective subject to the property owner showing compliance with the following conditions of approval: I. That a restricted (bread-away bollards, chain, gate, etc.) emergency vehicle access be provided to the southern boundary of the subject property or that an on-site fire truck turnaround be provided, subject to City Fire Department approval. 2. That pedestrian easements and/or improvements are required through and/or on adjacent commercial properties. SECTION 4: 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 5: 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 6: 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 18th. day of Au Ordinance 2003-21 Page 2 of2