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ORDINANCE NUMBER 3401 PURSUANT TO MONTANA MUNICIPAL INTERIM ZONING STATUTE SECTION 76-2-306 MCA THE MISSOULA CITY COUNCIL HEREBY ADOPTS THIS SIX MONTH INTERIM URGENCY ORDINANCE TO ZONE LAND LEGALLY DESCRIBED AS PARCELS 1, 2, 3 AND 4 OF DINSMORE’S ORCHARD HOMES ADDITION NO. 4, TRACTS 7, 11 AND 12 FROM UNZONED TO RLD-4 (RESIDENTIAL LOW DENSITY) LOCATED IN THE SW ¼ OF SECTION 19 OF TOWNSHIP 13 NORTH, RANGE 19 WEST, PRINCIPAL MERIDIAN, MONTANA AS SHOWN ON THE ATTACHED MAP (ATTACHMENT THE ADOPTION OF THIS INTERIM ZONING ORDINANCE SHALL HAVE AN IMMEDIATE EFFECTIVE DATE AND BE EFFECTIVE FOR SIX MONTHS FROM THE DATE OF ADOPTION, DURING WHICH TIME, THE CITY COUNCIL WILL CONTEMPLATE PERMANENT ZONING FOR THE PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA: THAT the property shown in Attachment A of this ordinance is hereby withdrawn from the unzoned classification and replaced with RLD-4 (Residential Low Density) zoning. SECTION 1. INTERIM URGENCY The area proposed to be zoned is encompassed by The Gables Subdivision located on the west side of Hiberta, north of 3rd Street West and south of the Clark Fork River within the City of Missoula. The City Council approved annexation and the subdivision subject to 26 conditions of approval on May 22, 2006, however, the City Council was unable to secure the supermajority votes required to override the legal protest to proposed zoning of the property to RLD-4 and the property was annexed into the City of Missoula unzoned. It was City Council’s intention with approval of the subdivision that this land be developed as proposed with The Gables Subdivision preliminary plat as amended by conditions of approval. The fact giving rise to the emergency is that if The Gables Subdivision final plat is not filed, the potential exists that, without zoning in place, the area encompassed by The Gables Subdivision could be developed with commercial uses, mini-storage or in other ways that are not consistent with Council’s approval of residential low density design of The Gables Subdivision. It is the City Council’s duty and responsibility to protect the public safety, health, and welfare on all lands within the City of Missoula. Zoning The Gables Subdivision land RLD-4 would permit the approved subdivision to be filed and in the event the final plat for The Gables Subdivision is not filed would ensure future development would also comply with the density and design regulations for the RLD-4 Residential Low Density zoning district. SECTION 2. IMMEDIATE EFFECTIVE DATE. The effective date of this interim zoning ordinance shall be the date it is adopted by the Missoula City Council and this interim zoning ordinance shall be in effect for six months, unless it is repealed or revised prior to the expiration of the six months time period. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED BY a 11 ayes, 0 nays, 0 abstain, 1 absent vote and APPROVED by the Mayor this 15th of June, 2009. ---PAGE BREAK--- ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- ATTACHMENT A S 3rd W HIBERTA JUNEAU PRESTON SH MARILYN O