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ORDINANCE NO. 2017 - 04 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE ZONING OF A TEN (10) ACRE PARCEL OF PROPERTY DESCRIBED IN SECTION 1 OF THIS ORDINANCE AS MOTOR BUSINESS (MB); 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 PAS SAGE, 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 Motor Business (MB) is consistent with the underlying 2009 Comprehensive Plan Land Use Designation of Auto-Urban Commercial (AU-C); 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; and WHEREAS, on February 8, 2017, Moscow Planning and Zoning Commission held a duly noticed public hearing and recommended approval of zoning the subject property MB upon annexation to the City of Moscow; and WHEREAS, the Moscow City Council conducted a duly noticed public hearing and passed a motion to approve this zoning on March 6, 2017; 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: LEGAL DESCRIPTION: A parcel of land located in the northwest quarter of Section 12, Township 39 North, Range 6 West of the Boise Meridian, Latah County, Idaho, described as follows: BEGINNING at the west quarter comer of Section 12; Thence along the south line of the northwest quarter of Section 12, S 89°02'03" E, 878.43 feet; Thence leaving said south line, N 30°49'55" E, 500.70 feet; Thence N 89°01 '11" W, Ordinance 2017 - 04 Rezone March 6, 2017 Page I of3 ---PAGE BREAK--- 1127.75 feet to the west line of Section 12; Thence along said west line, S 00°58'04" W, 434.48 feet to the POINT OF BEGINNING. Containing 10.00 acres, more or less. SECTION 2: ZONING. That the property described in Section 1 of this Ordinance be conditionally rezoned from the Agriculture/Forestry (AF) Zoning District to the Motor Business (MB) Zoning District conditioned upon the following: That the property owner enter into a recorded development agreement to include the following: War Bonnet Drive and public utilities shall be extended to the northern boundary of the subject property in accordance with the alignment of the Thoroughfare Plan within the City of Moscow Comprehensive Plan, as development occurs upon the subject property. The City Engineer is hereby ordered to make the necessary amendments to 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 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. PASS ED by the City Council and APPROVED by the Mayor this 6th day of March, 2017. Ordinance 2017 - 04 Rezone March 6, 2017 Page2 of3 ---PAGE BREAK--- 0 G0'/1 LO~? -J211.2e·- Ordinance 2017 - 04 Rezone EXHIBIT REMAINDER - CONSCAVATl()N ~SEMDIT 4-0 • /IC t: PARCE' J '0.00 /JI;. i: 878.4.:l' O't :>eA,f!I A@W'J,1!}11 I 1IO ii S5"'2 N 89'02'03" W 16!1.70' 77J.27' March 6, 2017 ON Page 3 of3