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ORDINANCE NO. 476

| April 19, 2006 9:00 PM

Villelli Enterprises Inc., Pend Oreille Bonner Investments, LLC, #ZC317-05

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 2, TOWNSHIP 57 NORTH, RANGE 1 WEST, B.M. FROM AGRICULTURAL TO RECREATION AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Bonner County Planning and Zoning Commission did hold a public hearing on March 9, 2006, on the ZC317-05 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 ZC317-05 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 April 12, 2006, on the ZC317-05 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 ZC317-05 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 Agricultural to Recreation:

All that portion of Government Lots Three (3), Four (4), Five (5), and Six (6) and the Southeast Quarter of the Northwest Quarter (SE _ NW _) of Section Two (2), Township Fifty-seven (57) North, Range One (1) West of the Boise Meridian, Bonner County, Idaho; lying Northeast of the Railroad Right of Way and South of the Highway 200 Right of Way.

LESS a tract of land in Government Lot Four (4) of said Section Two (2); described in Instrument Number 243662 and more particularly described as follows:

Beginning at a right of way monument on the south right of way of Highway 200 which is S25o 57' 19" E, 798.10 feet from the True Closing Corner of Sections 2 and 3; thence, along said right of way N68o 35' 39" E, 266.10 feet; thence, continuing along said right of way, N75o 52' 05" E, 15.03 feet; thence S00o 04' 10" W, 725.53 feet; thence N89o 14' 40" W, 330.00 feet; thence N00o 03' 26" W, 607.20 feet, to the southerly right of way of Highway 200; thence, along said right of way, N79o 11' 55" E, 70.38 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 12th day of April, 2006, upon the following roll call vote:

Chairman: Joseph E. Young Aye

Commissioner Karl J. Dye: Aye

Commissioner: Marcia L. Phillips

Aye

BONNER COUNTY BOARD OF COMMISSIONERS

/s/ Joseph E. Young, Chairman

/s/ Karl J. Dye, Commissioner

/s/ Marcia L. Phillips, Commissioner

Attest: Marie Scott, Clerk

Legal SNP# 7769

April 19, 2006