Full Text
AT r4E9:8 4t!'Jf3- --.-ALTtL 4!1P;Jt!l - trA"fil'"Cl. rf0vf'j?.q;TJ -D.fuiJA'((ErBEN . Lfl,T Ni C()J!'IfTY RECOROER. ORDINANCE NO. 2005-24 ru:s &,tv BY AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE REZONING OF APPROXIMATELY 22 ACRES DESCRIBED IN SECTION I OF THIS ORDINANCE FROM AGRICULTURAL/FORESTRY ZONING DISTRICT TO MEDIUM DENSITY RESIDENTIAL 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 Medium Density Residential (R-2) zoned on all sides; and WHEREAS, the proposed R-2 Zoning District is found to be compatible with the applicable Comprehensive Plan Low Density Residential (LR) Land Use Designation and the suitability of the land for residential uses; 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 June 29, 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 August I, 2005; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: LEGAL DESCRIPTION: This Ordinance shall apply to the following described lands in Moscow, Latah County, Idaho, to wit: A tract of land located in the south half of the southwest quarter of Section 9 and the southeast quarter of the southeast quarter of Section 8, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, and being more particularly described as follows: Beginning at the southeast comer of said Section 8; thence N00°!6'55"E 988.77 feet along the east line of said Section 8 to the southwest comer of a parcel of land shown as 'Parcel 1-A' on Record of Survey No. 370607 on file with the Recorder's office of Latah County, Idaho and the TRUE POINT OF BEGINNING; thence N89°43'05"W 30.00 feet perpendicular to the east line of said Section 8 to a point on the westerly right-of-way line of Mountain View Road; thence N00°16'55"E 261.77 feet along said westerly right-of-way line parallel with and 30.00 feet distant of said east line of Section 8; thence S89°43'05"E 30.00 feet, perpendicular to said east line of Section 8 to the southwest comer of a parcel of land described in Warranty Deed No. 378805 on file with said Recorder's office, said point lying S0°16'55"W 70.00 feet of the northwest comer of the southwest quarter of the southwest quarter of said Section 9; thence N67°28'21"E 179.00 feet along the southerly boundary of said parcel; thence S89°30'24"E 2475.18 feet along the north line of the south half of the southwest quarter of said Section 9 to Ordinance 2005-24 August l, 2005 Page I of 2 ---PAGE BREAK--- the northeast comer of the southeast quarter of the southwest quarter of said Section 9; thence S00°20'01"W 329.47 feet along the east line of said SEI/4 SWI/4 Section 9 to the southeast comer of said 'Parcel I-A'; thence N89°33'24"W 2639.88 feet along the south boundary line of said 'Parcel I-A' to the TRUE POINT OF BEGINNING. Said tract contains 20.09 acres, more or less. SECTION 2: ZONING: That the property described in Section I of this Ordinance be and the same hereby is rezoned from Agricultural/Forestry Zoning District to Medium Density Residential (R-2) 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 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. PASSED by the City Council and APPROVED by the Mayor this I st day of August, 20 Ordinance 2005-24 August I, 2005 Page 2 of2