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ORDINANCE NO. 492

| March 30, 2007 9:00 PM

RSB DEVELOPMENT ZONE CHANGE #ZC326-06

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 13, TOWNSHIP 56 NORTH, RANGE 1 EAST, FROM RURAL TO RECREATION, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing on February 1, 2007, on the ZC326-06 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 ZC326-06 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 March 21, 2007, on the ZC326-06 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 ZC326-06 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 Rural to Recreation:

That portion of the Southwest Quarter of Section 13, Township 56 North, Range 1 East, Boise Meridian, Bonner County, Idaho described as follows:

BEGINNING at the southeast corner of Lot 9, Block 3, Kullyspell Estates, Book 3 of Plats, Page 144; thence N00o22'57"E along the west line of the East Half of said Southwest Quarter, being also the east line of said Kullyspell Estates, a distance of 1532.34 feet to the north line of said Southwest Quarter; thence S89o18'36"E along said north line, a distance of 659.11 feet to the northeast corner of the West Half of said East Half of the Southwest Quarter, said corner being monumented by a 3_" aluminum cap marked "PE LS 2427"; thence S00o23'17"W along the east line of said West Half of the East Half of the Southwest Quarter, a distance of 1706.80 feet; thence N89 18'36"W 521.71 feet; thence N01 16'41"E 176.36 feet; thence S89 52'56"W 140.00 feet to the POINT OF BEGINNING. EXCEPT a tract of land in the West Half of the Northeast Quarter of the Southwest Quarter of said Section 13 described as follows: Commencing at the northwest corner of said West Half of the Northeast Quarter of the Southwest Quarter; thence S00 22'57W along the west line of said West Half of the Northeast Quarter of the Southwest Quarter, a distance of 78.20 feet to the POINT OF BEGINNING; thence continuing S00 22'57"W, a distance of 335.57 feet to a point on the northeasterly right-of-way line of David Thompson Road, as shown on said plat of Kullyspell Estates, being also a point on a curve concave northerly having a radius of 611.64 feet, a chord bearing of S52 44'30"E and a chord length of 25.00 feet; thence southeasterly along said right-of-way-line and along said curve, a distance of 25.00 feet through a central angle of 2 20'32"; thence, leaving said right-of-way line and said curve, N36 20'23"E 44.04 feet; thence N06 41'30"W 118.72 feet; thence N06 16'42"E 51.49 feet; thence N02 29'28"W 91.52 feet; thence N29 59'44"W 63.16 feet to the POINT OF BEGINNING. AND EXCEPT David Thompson Road right-of-way as described in the Right-Of-Way Deed with recorder's Instrument Number 188702.

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 21st day of March, 2007, upon the following roll call vote:

Chairman Lewis Rich: Aye

Commissioner Joseph E. Young: Aye

Commissioner Todd J. Crossett: Aye

BONNER COUNTY BOARD OF COMMISSIONERS

/s/ Lewis Rich, Chairman

/s/ Joseph E. Young,

Commissioner

/s/ Todd. J. Crossett,

Commissioner

ATTEST:

Marie Scott, Clerk

Legal SNP# 8545

March 30, 2007