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ORDINANCE NO. 2004 -18 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY LOCATED EAST OF WH!TE AVENUE AND CONTINUING EAST NORTHEAST THROUGH THE INTERSECTION OF WHITE AVENUE AND JOSEPH STREETS AND INCLUDING PROPERTY LEGALLY DESCRIBED IN SECTIONS I, 2 AND 3 HEREIN FROM AGRICULTURE/FORESTRY (AF) ZONING DISTRICT TO MULTI-FAMILY RESIDENTIAL (R-4) ZONING DISTRICT, AND MODERATE-DENSITY RESIDENTIAL (R-2) ZONING DISTRICT; 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, the land described in Section I of this Ordinance consisting of approximately eighteen point six one acres (18.61) is adjacent to property zoned Low-Density Single Family Residential (R-1) Zoning District to its north; and WHEREAS, the land described in Section 2 of this Ordinance consisting of approximately four point seven two acres (4.72) is adjacent to property zoned Low-Density Single Family Residential (R-1) Zoning District to its north; and WHEREAS, the land described in Section 3 of this Ordinance consisting of approximately zero point three four acres (0.34) is adjacent to property zoned Moderate-Density Single Family Residential (R-2) Zoning District to its north; and WHEREAS, the land described in Section I and 2 is bordered to the southeast of the respective properties by land proposed to be zoned Low-Density Single Family Residential (R-1) Zoning Districts; and WHEREAS, Moscow Planning and Zoning Commission unanimously recommended approval of the subject rezoning of land described in Section I of this Ordinance and unanimously recommended approval of the subject rezoning of lands described in Section 2 and Section 3 of this Ordinance after a dnly noticed public hearing held on November 12, 2003; and WHEREAS, Moscow City Council conducted a duly noticed public hearing on this matter February 17, 2004 and passed a motion to approve the proposed zoning for properties described in Section I, Section 2 and Section 3 of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: 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: Commencing at the Southwest comer of Lot 27 of said Plat; Thence S00°10'33"W, 40.00 feet to the centerline of an 80 foot wide R/W situated between Lots 27 and 38 of said Plat; Thence ORDINANCE 2004 -18 REZONE R-4, NB, R -2 PAGE 1 OF3 ---PAGE BREAK--- along said centerline, N89°44'48"W, 40.00 feet to the intersection with the centerline of a vacated 80 foot wide R/W situated between Lots 26 and 27 of said Plat. and the POINT OF BEGINNING; Thence along said centerline, N00°10'33"E, 540.00 feet; Thence leaving said centerline, N83°34'50"E, 200.00 feet; Thence N62° l7'20"E, 200.00 feet; Thence N87°09'03"E, 410.00 feet; Thence N70°59'40"E, 131.93 feet; Thence N48°37'38"E, 275.18 feet; Thence N75°42'44"E, 246.21 feet; Thence S43°27'20"E, 180.00 feet to the centerline of a proposed street; Thence along said centerline, S46°32'40"W, 80.00 feet to the centerline of a proposed intersecting street; Thence along said intersecting centerline, S43°27'20"E, 240.00 feet; Thence leaving said centerline, S46°32' 40"W, 210.00 feet; Thence S55°51' 17"W, 309.07 feet; Thence N43°27'20"W, 190.00 feet to the centerline of a proposed street; Thence along said centerline, S46°32'40"W, 215.56 feet; Thence continuing along said centerline, 762.86 feet, along the arc of a tangent 1,000.00 foot radius curve to the right, through a central angle of 43°42'32", and a chord of S68°23' 56"W, 744.50 feet; Thence continuing along said centerline, N89°44'48"W, 200.00 feet to the point of beginning above described. Containing 18.61 Acres, more or less. SECTION 2: 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 intersection of the east line of Lot 20 of said Plat, with the south R/W of Joseph Street: Thence along said east line, sooo I 9'24"W, 93.39 feet: Thence S89°48' 41 129.50 feet, along the south boundary of the Schierman tract described in Warranty Deed No.330739 on file with the Latah County recorder's office; Thence leaving said boundary, S46°32'40"W, 725.87 feet to the centerline of a proposed street; Thence along said centerline, N43°27'20"W, 240.00 feet to the centerline of a proposed intersecting street; Thence N46°32'40"E, 80.00 feet along said intersecting centerline; Thence leaving said centerline, N43°27'20"W, 180.00 feet; Thence N46°32' 40"E, 250.17 feet to a point on the centerline of a proposed street; Thence southeasterly along said centerline, 182.64 feet along the arc of a non tangent I 177.34 foot radius curve to the right, through a central angle of 08°53' 17", and a chord of S52°52'02"E, 182.46 feet to the centerline of a proposed intersecting street; Thence along said intersecting centerline, N46°32'40"E, 80.29 feet; Thence northeasterly 146.76 feet along the arc of a tangent 700 foot radius curve to the right, through a central angle of 12°00'45", and a chord of N52°33'03"E, 146.49 feet to the south R/W of Joseph Street; Thence along said R/W, N78°02'05"E, 129.92 feet to the point of beginning above described. Containing 4. 72 Acres, more or less. SECTION 3: 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: Commencing at the intersection of the east line of Lot 20 of said Plat, with the south RJW of Joseph Street; Thence along said R/W, S78°02'05"W, 129.92 feet to the POINT OF BEGINNING; Thence leaving said RJW, aloug the centerline of a proposed street, southwesterly 146.75 feet along the arc of a non-tangent 700.00 foot radius curve to the left, through a central angle of 12°00'41", and a chord of S52°33'0 l"W, !46.48 feet; Thence ORDINANCE 2004 -18 REZONER4, NB, R-2 PAGE20F3 ---PAGE BREAK--- continuing along said centerline, tangent to last said curve S46°32'40"W, 80.29 feet to the centerline of a proposed intersecting street; Thence Northwesterly, along said intersecting centerline, 166.37 feet along the arc of a non-tangent 1,177.34 foot curve to the left, through a central angle of 8°05'47", and a chord of N52°28'lT'W, 166.24 feet to south RIW of Joseph Street; Thence northeasterly along said R/W, 140.95 feet along the arc of a non-tangent 460.00 foot radins curve to the left, through a central angle of 17°33'20", and a chord of N86°48'45"E, 140.40 feet; Thence tangent to last said curve N78°02'05"E, 169.93 feet to the point of beginning above described. Containing 0.34 Acres, more or less. SECTION 4: ZONING. The land described in Section I of this Ordinance be and the same hereby is, rezoned from Agriculture/Forestry (AF) Zoning District to Multiple Family Residential (R-4) Zoning District and the land described in Section 2 of this Ordinance be and the same hereby is, rezoned from Agriculture/Forestry (AF) Zoning District to Moderate Density Single Family Residential (R-2) Zoning District, and the land described in Section 3 of this Ordinance be and the same hereby is, rezoned from Agriculture/Forestry (AF) Zoning District to Moderate 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 5: 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 6: EFI<'f2CT ON OTHER ORDINANCES: Where the definitions contained in this Ordinance are in conf1ict 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 7: 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 5'h day of April, 2004. ATTEST: I ORDINANCE 2004-18 REZONE R-4, NB, R-2 PAGE 3 OF 3