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ORDINANCE NO. 2004-26 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE CONDITIONAL REZONING OF CURRENTLY UNDEVELOPED PROPERTY ADDRESSED AS 1124 NORTH POLK EXTENSION FROM FARM, RANCH AND OUTDOOR RECREATION (FR) 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 PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, the land described in Section I of this Ordinance is in close proximity to existing Medium Density Residential (R-3) zoned land to the southwest and Multiple Family Residential (R-4) to the north; and WHEREAS, the land described in Section I of this Ordinance is designated as Low Density Residential (LR) on the Moscow Comprehensive Plan map; and WHEREAS, the Comprehensive Plan Land Use Element identifies densities of up to nine dwelling units per acre as being appropriate and that R-3 zoning with densities consistent with the intent of the LR Designation could be appropriately located under the LR designation; and WHEREAS, the Comprehensive Plan is intended to be used as a flexible guide to promote the interest of the community at large; and WHEREAS, the applicant is interested in developing the land described in Section 1 of this Ordinance at a density of ten and two tenths (10.2) dwelling units per acre; and WHEREAS, the R-3 Zoning District allows a maximum density of twelve point four four (12.44) dwelling units per acre; and WHEREAS, the Local Land Use Planning Act and Moscow City Code allow the placement of conditions concerning the use or development of a parcel of land in rezoning such land; and WHEREAS, the proposed R-3 Zoning District is found to be compatible with the applicable Comprehensive Plan LR Land Use Designation and promotes the interest of the community at large with the imposition of a density limitation of no more than ten point two ( 1 0.2) dwelling units per acre; and WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing and recommended approval of this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on April 14, 2004; and Ordinance 2004-26 Rezone 1124 North Polk Extension May 17,2004 Page I of3 ---PAGE BREAK--- WHEREAS, the Moscow City Council conducted a duly noticed public hearing and voted to approve this rezoning with a density limit condition and subject to a Reasoned Statement of Relevant Criteria and Standards on May 17, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: A tract of land comprised of Lot 3 of Peterson-Williams Subdivision, Latah County, Idaho. Less the following: Beginning at the Northeast corner of said Peterson-Williams Subdivision; thence S. 0"29' 37" W. 19 feet to the TRUE POINT OF BEGINNING; thence S. 0"29' 37" W. 588.94 feet along the East side of said Lot 3; thence West 280.ot feet; thence N. 0"29' 37" E. 592.59 feet; thence S. 89°15' I I" E. 280 feet to the TRUE POINT OF BEGINNING. (3.80 acres) and That portion of Lot 3, Peterson-Williams Subdivision to the City of Moscow: Beginning at the Southeast corner of said Lot 3; thence along the boundary of said Lot 3 N. 88 degrees 50' 54" W. 436.59 feet; thence N. 07 degrees 56' 31" W. 357.14 feet; thence N. 10 degrees 33' 00" W. 117.19 feet; thence leaving said boundary S. 88 degrees 50' 54" E. 511.43 feet, parallel to the South boundary of said Lot 3 to a point on the East boundary of said Lot 3; thence S. 0 degrees 29' 37" W. 467.44 feet along said East boundary to the POINT OF BEGINNING, said parcel being 4.91 acres of land. 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 Medium Residential (R-3) Zoning District, subject to a maximum allowable density of no more than ten point two (I 0.2) dwelling units per acre and that the owner or developer shall make such a written commitment which shall be recorded at the office of the Latah County recorder, and the City Engineer is hereby ordered to make the necessary amendments the official maps of the City of Moscow. 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. Ordinance 2004-26 Rezone 1 124 North Polk Extension May 17,2004 Page 2 of3 ---PAGE BREAK--- 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 17"' day of May, 2004. ATTEST: Ordinance 2004-26 Rezone 1124 North Polk Extension May 17.2004 Page 3 of3