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ORDINANCE NO. 2016 - 03 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO; PROVIDING FOR THE ZONING OF AN APPROXIMATELY 3.34 ACRE OF PROPERTY DESCRIBED IN SECTION 1 OF THIS ORDINANCE LOW DENSITY, SINGLE FAMILY RESIDENTIAL (R-1) AND NEIGHBORHOOD BUSINESS (NB); 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 1 of this Ordinance are currently zoned Agriculture/Forestry (AF) within the City of Moscow Area of City Impact; and WHEREAS, the proposed change from Agriculture/Forestry (AF) to Low Density, Single Family Residential (R-1) and Neighborhood Business (NB) is consistent with the underlying 2009 Comprehensive Plan Land Use Designation of Auto-Urban Residential (AU-R) Suburban Commercial (SC); and WHEREAS, the proposed uses that would be allowed by the proposed zoning is consistent and compatible with the surrounding land uses, provides for the logical, orderly and efficient development of the subject property, and is consistent with the City of Moscow Comprehensive Plan; WHEREAS, Moscow Planning and Zoning Commission held a duly noticed public hearing and recommended approval of zoning the subject property R-1 and NB upon annexation to the City of Moscow on January 13, 2016; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing and passed a motion to approve this zoning on February 16, 2016. 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: Property #1 Real estate situated in the County of Latah, State ofldaho, to wit: A part of Lot 15 in Section 16, Township 39 North, Range 5 WBM as shown by the recorded plat thereof, lying South of the County Road as same is now used and established, which traverses said Lot 15, in an Northeasterly and Southwesterly direction, as follows: Commencing at the point where the South right of way of the County Road (Robinson Park Road) as same is now used and established, intersects the East boundary line of Lot 15, in said section 16 and thence running South along the East boundary line of said Lot 15 a distance of 300 feet; thence West on a line parallel with the North line of said Lot 15 a distance of 150 feet; thence Northwesterly to a point which is on the Ordinance 2016- February 16, 2016 Page 1 of4 ---PAGE BREAK--- South right of way of said County Road and 275 feet Southwest of the POB; thence following the South right of way of said County Road in a Northeasterly direction to the POB. Described area contains 1 acre, more or less Property #2 All that part of Lot 15 located in the NE1/4NE1/4 of Section 16, Township 39 North, Range 5 West, B.M., as shown by the recorded plat thereof, lying South of the county road as the same is now used and established, which traverses said Lot 15, in a Northeasterly and Southwesterly direction. TOGETHER WITH the following described parcels ofland: BEGINNING at the Southeast comer of Lot 15 of Section 16; thence Westerly on the South line of said Lot 15 to the Southwest comer of said Lot 15; thence at right angles due South 40 feet; thence Easterly on a line parallel with the South line of said Lot 15 to a point 40 feet South of the point of beginning; thence North 40 feet to the POINT OF BEGINNING. ALSO, BEGINNING at the Southwest comer of the aforesaid Lot 15; thence due West 40 feet; thence Northerly on a line parallel with the West line of said Lot 15 to the Southerly boundary line of the county road; thence in an Easterly direction along the Southed y boundary line of said county road to the West line of said Lot 15; thence Southerly on the West line of said Lot 15 to the POINT OF BEGINNING. ALSO, BEGINNING at the Southwest comer of the aforesaid Lot 15; thence due South 40 feet; thence at right angles due West 40 feet; thence at right angles due North 40 feet; thence due East 40 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM a parcel ofland described in Property #1 above. Described area contains 2.34 acres, more or less SECTION 2: ZONING: That the property described in Property #1 of this Ordinance be and the same hereby is zoned Neighborhood Business (NB) and the property described in Property #2 of this Ordinance be and the same hereby is zoned Low Density Single Family Residential (R-1) 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 2nd 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 prov1s1ons. 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 2016- February 16, 2016 Page2 of4 ---PAGE BREAK--- 577202 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 16th day of February 2016. ATTEST: Ordinance 2016- February 16, 2016 Page 3 of 4 ---PAGE BREAK--- CJ.i l.SEA Cr N i 0 i2. z 9: :I OJ 6 >z Ordinance 2016- EXHIBIT D "'CW I» I ow "tJ en I» N a& 0.N al "iii' U'1 7 ro N O o er ro I/I 0 February 16, 2016 571;202 AT THE REQUEST OF at w, ae 41a vx·;, < ATE &HOUR 5 2./7/h q: K. wesra& /8 lAT2COUNTYR3CORDEA FEE Page4 of4