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DRAFT ORDINANCE NUMBER PURSUANT TO MONTANA MUNICIPAL INTERIM ZONING STATUTE SECTION 76-2-306 MCA THE MISSOULA CITY COUNCIL HEREBY ADOPTS THIS ORDINANCE TO EXTEND THE INTERIM ZONING OF 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 RT10 (RESIDENTIAL 10 (TWO-UNIT/TOWNHOUSE)) 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 ORDINANCE TO EXTEND THE INTERIM ZONING 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. 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 (Residential Low Density) 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. In accordance with this duty and responsibility the City Council adopted Interim Urgency Zoning for The Gables Subdivision parcel, zoning the property RLD-4. Since adoption of the Interim Zoning of The Gables Subdivision parcel on June 15, 2009, the City of Missoula adopted the Title 20 Zoning Ordinance. The equivalent zoning district in Title 20 to the RLD-4 district in former Title 19 is RT10 (Residential 10 (two-unit/townhouse). Extending the Interim Zoning for The Gables Subdivision pursuant to 76-2-306 MCA and Title 20 will ensure that area residents are protected from unintended development and that the subject property is developed residentially, as well as afford the City Council additional time to contemplate permanent zoning for the site in compliance with the current zoning code. SECTION 2. IMMEDIATE EFFECTIVE DATE. The effective date of this ordinance extending the interim zoning 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 __Ayes,__Nays, Abstain, Absent, vote and APPROVED by the Mayor this of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL) ---PAGE BREAK--- ATTACHMENT A S 3rd W HIBERTA JUNEAU PRESTON SH MARILYN O