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ORDINANCE NO. 2003-15 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF PROPERTY LOCATED NORTHWEST OF BRENT DRIVE BETWEEN HINGSTON'S SECOND ADDITION AND LONEY'S ADDITION AND LEGALLY DESCRIBED IN SECTION I HEREIN FROM FARM, RANCH, AND OUTDOOR RECREATION (FR) ZONING DISTRICT, MODERATE DENSITY, SINGLE FAMILY RESDIENTIAL (R-2) ZONING DISTRICT, MEDIUM DENSITY RESIDENTIAL (R-3) ZONING DISTRICT, AND 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 1 of this Ordinance is adjacent to existing R-4 zoned land to the south and MB zoned land to the north; and WHEREAS, the proposed R-4 zoning is deemed to be a desirable transition zone between residential and commercial zones; and WHEREAS, the land described in Section I of this Ordinance is designated as Medium Density Residential and as Extensive Commercial (EC) on the Moscow Comprehensive Plan map; and WHEREAS, the rezoning of the land described in Section I of this Ordinance is conditioned upon a density limitation of no more than twenty-five (25) dwelling units per acre to maintain consistency with the density guidelines of the MR designation; and WHEREAS, Moscow Planning and Zoning Commission recommended conditional approval of the subject rezoning after a duly noticed public hearing held on June II, 2003; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing on this matter on July 7, 2003 and passed a motion to approve the proposed rezone subject to the conditions stated in Section 2 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEG AL DESCRIPTION: A parcel of land located in the NE 114 of the NE 114 of Section 7, Township 39 North, Range 5 West, B.M. and being more particularly described as follows: Beginning at the northeast comer of Lot 21, Block l, of Loney's Addition to the City of Moscow, said point being the True Point of Beginning; Ordinance 2003-15 Page I of3 ---PAGE BREAK--- Thence S 89°54'00" W, 113.35 feet, along the north line of said Lot 21, to the northwest comer of said Lot 21; Thence S 10°06'00" W, 161.32 feet, along the west line of Loney's Addition, said line also being the east line of the former railroad right-of-way; Thence S 86°30'00" W, 51.44 feet, to a point on the centerline of the former railroad right-of-way; Thence N 10°06'00" E, 136.39 feet, along said centerline; Thence S 86°30'00" W, 51.44 feet to a point on the fonner west right-of-way line of the railroad; Thence N 10°06'00" E, 217.54 feet, along said former west right-of-way line; Thence N 86°30'00" E, 199.54 feet; Thence S 4°57'00" W, 88.70 feet; Thence N 88°22'39" E, 20.96feet; Thence N 86°42'22" E, 96.26 feet; Thence S 4°57'00" W, 106.73 feet; Thence S 89°54'00" W, 21.00 feet to the True Point of Beginning. Said parcel contains 1.17 acres. ALSO : An additional parcel of land located in the NENE Section 7, T39N, R5W and being more particularly described as follows: Beginning at the northwest comer of Lot 21, Block I, of Loney's Addition to the City of Moscow, Thence S l 0°06'00"W, 161.32 feet, along the west line of said Loney's Addition, said line also being the east line of the former railroad right-of-way; Thence S 86"30'00" W 51.44 feet to a point on the centerline of former railroad right-of-way and the True Point of Beginning; Thence N 81 II" W, 50.01 teet to a point on the former westerly right-otway of the railroad; Thence N I 0°06'00" E, 125.52 feet along said former right-of-way; Thence N 86°30'00" E, 51.44 teet to a point on the centerline of said railroad right-of-way; Thence S 10°06'00" W, 136.39 feet to the True Point of Beginning. Parcel contains 0.15 acres. SECTlON 2: ZONING : That the land described in Section I of this Ordinance be and the same hereby is rezoned from Farm, Ranch, and Outdoor Recreation (FR) Zoning District, Moderate Density Single Family residential (R-2) Zoning District, Medium Density Residential (R-3) Zoning District, and Motor Business (MB) Zoning District to Multiple Family Residential (R-4) Zoning District subject to the following conditions: The applicant shall dedicate street right-of-way to provide for the extension of Rodeo Drive west of State Highway 95 as shown on the Comprehensive Plan. The location and alignment of said dedication shall be subject city staff approval and acceptance, The subject 1.36 acre property shall be developed with no more than 12 dwelling units, The applicant shall provide a fire lane of 20 feet in width and a Ordinance 2003-!5 Page 2 of3 ---PAGE BREAK--- fire truck turnaround subject to Fire Department approval, That the property owner(s) submit to these conditions by signing an agreement prepared by the City and recorded at the Latah County Recorder's office; 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: 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. PAS SED by the City Council and APPROVED by the Mayor this 2003. Interim City Clerk Ordinance 2003-!5 Page 3 of3