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5144Ho ORDINANCE NO. 2007-02 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY FROM NEIGHBORHOOD BUSINESS (NB) TO MULTI-FAMILY RESIDENTIAL AS DESCRIBED IN SECTION l OF THIS ORDINANCE 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 subject lands are designated as Convenience Commercial (CC) on the Moscow Comprehensive Plan Map; and WHEREAS, the proposed R-4 zoning district is found to compatible with the applicable Comprehensive Plan CC designation as well as the surrounding Extensive Commercial and Medium Density Residential Land Use Designations; and WHEREAS, the subject parcels are not located at the comer of two arterials as suggested is the most appropriate location for Neighborhood Business zoning; and WHEREAS, the Moscow Planning and Zoning Commission held a duly noticed public hearing on February 28, 2007 and recommended approval of this rezoning; and WHEREAS. the Moscow City Council conducted a duly noticed public hearing on March 19th, 2007 and passed a motion to approve this zoning subject to a Reasoned Statement of Relevant Criteria and Standards. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: A parcel of land more particularly described as follows: A tract of land situated in the northwest quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho and being more particularly described as follows: Beginning at a point SOl 002'29"W, 375 feet and S89°20'34"E, 175.8 feet from the northwest comer of the southwest quarter of said Section 17, said point being on the south right-of-way line of Styner Avenue and also being the northwest comer of the Syren parcel; thence N00°39'26"E, 30.00 feet to the centerline of the Styner Avenue right-of-way; thence along said centerline S89°20'34"E, 220.2 feet; thence S00°39'26"W, 30.00 feet to the south right-of-way line of Styner Avenue, and the northeast comer of the Ross I Hites parcel; thence S0!002'29"W (South record), 140 feet along the east boundary of said parcel; thence N89°20'34"W (West record), 70 feet along the south boundary of said parcel; thence continuing N89°20'34"W, 144.50 feet along the south boundary of said Syren parcel; thence NO! 01 7'26"W, 140.08 feet along the west boundary of said parcel to the point of beginning. Ordinance 2007202 Hites Rezone i l:l-123 March 2007 Page I t';f 2 ---PAGE BREAK--- SECTION 2: ZONING: That the property described in Section 1 of this Ordinance be and the same hereby is zoned Multi-Family Residential (R-4) 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 2nd 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 19th day of March, 2007. Ordin:mcc :2007-02 Hites Rezone t 11-!23 Styner , v j z t vi i NancYj Chamiy, Mayor ' March !9,2007 NO. AT THE RtoOUcST Of: f'trV ae tni?5i!qif / b"gf;l HOUR: USAN PETERSEN Page 2 uf2