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ORDINANCE NO. 2005- 10 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 3.11 ACRES DESCRIBED IN SECTION I OF THIS ORDINANCE 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 lands described in Section I of this Ordinance (subject land) are adjacent to existing Multiple Family Residential (R-4) zoned land to the north and to the northeast; and WHEREAS, the lands described in Section 1 of this Ordinance are designated as Low Density Residential (LR) on the Moscow Comprehensive Plan map which suggests a maximum density of 9 dwelling units per net acre; and WHEREAS, the proposed R-3 Zoning District is found to be compatible with the applicable Comprehensive Plan LR Land Use Designation due to the fact that the subject land has a subdivision plat proposal being processed concurrent with this rezoning and which shows a density of less than nine dwelling units per acre; and WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing and unanimously recommended approval of this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on February 23, 2005; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing and passed a motion to approve this rezoning subject to a Reasoned Statement of Relevant Criteria and Standards on March 21, 2005; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: A portion of the Salisbury tract (JEMCA, LLC) situated in Lot 28 of the Plat of Section 16, T. 39 R 5 B. Latah County, Idaho, with said portion being more particularly described as follows: Commencing at the West V. comer of Section 16 and running thence S 86°20'37" E 1340.65 feet to a point on the centerline of White Avenue, said point being Station 0+00.0; thence S 89°44'48"E 200.00 feet along said centerline to P.C. Station 2+00.00; thence 762.86 feet along a curve to the left having a central angle of 43°42'31 radius of 1000.00 feet and a chord length of 744.50 feet bearing N 68°23 '56"E to P.T. Station 9+62.86; thence S 43°27'20"E 40.00 feet to a point on the southeasterly right-of-way line of White Avenue and the TRUE POINT OF BEGINNING for this description; Ordinance 2005-10 March 21, 2005 Pagel of2 ---PAGE BREAK--- thence N46°32'40"E 215.50 feet; thence S43°27'20"E 150.00 feet; thence S08°09'50"E 291.45 feet to the south boundary of the Salisbury tract; thence N89°44'48"W 735.40 feet along said boundary to the southeasterly right-of-way line of White Avenue; thence 504.00 feet, along said right-of-way line, along a curve to the left having a central angle of 27°45'59", radius of 1040.00 feet and a chord length of 499.08 feet bearing N60°25'40"E to the TRUE POINT OF BEGIN'NING. The bearing reference for this description is the west line of the northwest quarter of said Section 16 being N00°53' 1 T'E. Said Parcel contains 3.11 Acres. SECTION 2: ZONING: That the property described in Section 1 of this Ordinance be and the same hereby is rezoned from Low Density Single Family Residential (R-1) Zoning District to Medium Density Residential (R-3) 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 2"d Street. SECTION 3: SEVERABILITY: Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not a!Tect 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 etiective upon its passage approval, and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 21'' day of March, 2005. Ordinanc':: 2005-10 Page 2 of2