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ORDINANCE NO. 2003-19 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY CURENTL Y AND COMMONLY KNOWN AS 1039 N. POLK EXTENSION FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (R-1) 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 adjacent to existing Medium Density Residential (R-3) zoned land to the south and to the east; 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 land described in Section I of this Ordinance is of a size and configuration that it could be developed with a maximum density in excess of eleven dwelling units per acre in the R-3 Zoning District; and WHEREAS, the proposed R-3 zoning is compatible with the applicable Comprehensive Plan LR Land Use Designation with the imposition of a density limitation of no more than nine 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 June 25, 2003; and 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 July 21, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: Ordinance 20(J3' 19 Page I of3 ---PAGE BREAK--- SECTION 1: LEGAL DESCRIPTION: All that certain real property situated within Section 5, T39N, R5W BM, City of Moscow, Latah County, Idaho, being described as the following two parcels ofland: Beginning at the southwest comer of Section 5, T39N, R5W BM; thence East, 1366.26 feet along the south line of said Section 5; thence N 0°28'07" W, 20.00 feet to the TRUE POINT OF BEGINNING. Thence N 0°28'07" W, 100.00 feet; Thence East, 69.39 feet; Thence South, 46.90 feet; Thence East, 100.80 feet; Thence South, 53.10 feet; Thence West, 169.37 feet to the TRUE POINT OF BEGINNING. Parcel contains 12,250 square feet; ALSO, beginning at the southwest comer of Section 5, T39N, R5W BM; thence East, 1366.26 feet along the south line of said Section 5; thence N 0°28;07'' W, 20.00 feet; thence East, 169.37 feet to the TRUE POINT OF BEGINNING. Thence North, 100.00 feet; Thence East, I I 0.00 feet; Thence South, I 00.00 feet; Thence West, 110.00 feet to the TRUE POINT OF BEGINNING. Parcel contains I I ,000 square feet. SECTION 2: ZONING: That the property described in Section I of this Ordinance be and the same hereby is conditionally rezoned from Low Density Residential (R-1) Zoning District to Medium Residential (R-3) Zoning District, subject to a maximum allowable density of no more than nine dwelling units per acre, 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 prOVlSIOnS. 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 2003' 19 Page2of3 ---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 day 2003. ATTEST: Interim City Clerk Ordinance 2003-19 Page 3 of3