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ORDINANCE NO. 470

| December 20, 2005 8:00 PM

JOHN MARSHALL ZONE CHANGE

FILE NO. ZC311-04

AN ORDINANCE OF BONNER COUNTY, IDAHO, CITING ITS AUTHORITY, AND PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF BONNER COUNTY BY THE RECLASSIFICATION OF LANDS GENERALLY LOCATED IN SECTION 5, TOWNSHIP 55 NORTH, RANGE 4 WEST FROM SUBURBAN 1/3 TO RURAL, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing on October 6, 2005 on the ZC311-04 request for a change in zoning designation according to the requirements for such hearings set forth at Section 67-6509, Idaho Code, and at Title 12, Bonner County Revised Code; and

WHEREAS, the Bonner County Planning and Zoning Commission did find that the zone change request ZC311-04 is in accordance with the Bonner County Comprehensive Plan and did recommend to the Board of County Commissioners that the zone change request be approved; and

WHEREAS, the Board of County Commissioners did hold a public hearing on December 14, 2005 on the ZC311-04 request for a change in zoning designation according to requirements of such hearings set forth at Section 67-6509, Idaho Code and at Title 12 of the Bonner County Revised Code; and

WHEREAS, the Board of County Commissioners did find that the zone change request ZC311-04 is in accordance with the Bonner County Comprehensive Plan;

NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners that the following be and is hereby adopted as an ordinance of Bonner County, Idaho:

SECTION 1: AUTHORITY

This ordinance is adopted pursuant to authority granted to Bonner County at Chapter 65 of Title 67, Idaho Code.

SECTION 2: AMENDING THE OFFICIAL ZONING MAP

The Official Zoning Map of Bonner County, Idaho is hereby amended by the reclassification of the following described lands from SUBURBAN 1/3 to RURAL:

A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 5, TOWNSHIP 55 NORTH, RANGE 4 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 5;

THENCE ALONG THE SOUTH LINE OF SECTION 5 NORTH 89 DEGREES 05' 28" WEST 2673.42 FEET TO THE SOUTH QUARTER CORNER OF SECTION 5;

THENCE ALONG THE WEST LINE OF SAID EAST HALF OF SECTION 5 NORTH 02 DEGREES 12' 48" EAST, 2860.74 FEET;

THENCE PARALLEL WITH SAID SOUTH LINE OF SECTION 5 SOUTH 89 DEGREES 05' 27" EAST, 1519.23 FEET TO THE WESTERLY RIGHT OF WAY OF DUFORT ROAD;

THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES:

1) SOUTH 03 DEGREES 10' 56" EAST, 1051.61 FEET;

2) 170.73 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1112.92 FEET (THE CHORD OF WHICH BEARS SOUTH 01 DEGREES 12' 45" WEST, 170.56 FEET);

3) SOUTH 05 DEGREES 36' 27" WEST, 610.07 FEET;

4) 591.74 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 442.26 FEET (THE CHORD OF WHICH BEARS SOUTH 32 DEGREES 43' 23" EAST, 548.58 FEET);

5) SOUTH 71 DEGREES 03' 13" EAST, 171.53 FEET;

6) 276.34 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 376.26 FEET (THE CHORD OF WHICH BEARS SOUTH 50 DEGREES 00' 49" EAST, 270.17 FEET);

7) SOUTH 28 DEGREES 58' 20" EAST, 150.02 FEET;

8) 393.78 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 442.26 FEET (THE CHORD OF WHICH BEARS SOUTH 54 DEGREES 28' 47" EAST, 380.90 FEET) TO THE EAST LINE OF SAID SECTION 5;

THENCE ALONG SAID EAST LINE SOUTH 00 DEGREES 40' 36" WEST, 5.88 FEET TO THE POINT OF BEGINNING.

SECTION 3: EFFECTIVE DATE

This ordinance shall be in full force and effect upon its passage, approval and publication in one (1) issue of the Bonner County Daily Bee Newspaper, and upon the entry of the above described zoning reclassification upon the Official Zoning Map or a Supplemental Zoning Map in accordance with the provisions set forth at Chapter 4 of Title 12 of the Bonner County Revised Code.

Regularly considered, passed and approved as an ordinance of Bonner County, Idaho, done this

14th day of December, 2005, upon the following roll call vote:

Chairman Marcia L. Phillips: Absent

Commissioner Karl J. Dye: Aye

Commissioner Joe E. Young: Aye

BONNER COUNTY BOARD OF COMMISSIONERS

Marcia L. Phillips, Chairman

Karl J. Dye, Commissioner

Joe E. Young, Commissioner

ATTEST:

/s/

12/14/05

Marie Scott, Clerk

Legal SNP#7504

December 20, 2005