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ORDINANCE NO. 1895
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR A TRACT OF
LAND BEING TRACT 3-A OF C.O.S. 2128B, PORTIONS OF BLOCK 2 AND BLOCK 3
OF THE IMES ADDITION TO BOZEMAN THAT IS NORTH OF THE CENTERLINE
OF OAK STREET, TRACT B OF THE AMENDED PLAT C-41-E AND TRACT A OF
THE AMENDED PLAT C-41-D THAT LIES NORTH OF THE CENTERLINE OF OAK
STREET, ALL OF MINOR SUBDIVISION NO'S. 391, 391A AND 391B, AND
ADJACENT STREETS AND ALLEYS; LOCATED IN THE SW1/4 OF SECTION 6,
TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone
Map to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and
M-1 (Light Manufacturing District) to B-2 (Community Business District) has been properly
submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on June 17, 2014,
to receive and review all written and oral testimony on the request for a zone map amendment;
and
WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City
Commission that the zone map amendment be approved as recommended by the Community
Development Department and as provided for in the staff report for approval of 7.77-acres from
PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2
(Community Business District)with contingencies; and
WHEREAS, after proper notice, the City Commission held its public hearing on July 14,
2014, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the thirteen zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone
map amendment would be in compliance with the thirteen criteria; and
WHEREAS, at its meeting held on July 14, 2014, the City Commission found that the
proposed zone map amendment would be in compliance with Bozeman's adopted growth policy
and would be in the public interest.
ORDINANCE NO. 1895
Page I of 4
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section 1
That the zoning district designation of the following-described property is hereby
designated as "B-2" (Community Business District):
A tract of land being Tract 3-A of C.O.S. 212813, portions of Block 2 and Block 3 of the Imes
Addition to Bozeman that is North of the Centerline of Oak Street, Tract B of the Amended Plat
C-41-E and Tract A of the Amended Plat C-41-D that lies North of the Centerline of Oak Street,
all of Minor Subdivision No's. 391, 391A and 391B, and adjacent streets and alleys; Located in
the SWIA of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin
County, Montana, being more particularly described as follows:
Beginning at the intersection of the centerlines of Rouse Avenue and Oak Street, thence along
said centerline of Oak Street:
• North 89°21'25" West, 250.94 feet;
• thence 171.89 feet along a curve to the right with a radius of 301.56 feet, a central angle
of 32°39'12", and a chord that bears North 71°15'50" West, 169.55 feet;
• thence North 54°56'14" West, 512.20 feet;
• thence 266.34 feet along a curve to the left with a radius of 954.93 feet, a central angle of
15°58'49", and a chord that bears North 62°55'39" West, 265.48 feet;
• thence leaving said centerline,North 02'01'03" East, 23.64 feet to the northwest corner
of Tract 3-A of C.O.S. 212813;
• thence South 89°23'28" East, 475.70 feet along said north boundary;
• thence South 89°14'47" East, 202.94 feet to the northeast corner of said Tract 3-A;
• thence South 89°06'45" East, 354.25 feet to a point on the centerline of Rouse Avenue;
• thence along said centerline South 02°12'24" West, 482.56 feet to the point of
beginning.
Said area being 7.77 acres more or less, along with and subject to all easements of record or
apparent on the ground.
Section 2
Repealer,
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
ORDINANCE NO. 1895
Page 2 of 4
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in
a category entitled "Zoning Map Amendments."
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 14th day of July, 2014.
JEVftly3K. ItRAUSS
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ATTEST:
STACY ULMEN, CMC
City Clerk
ORDINANCE NO. 1895
Page 3 of 4
FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
second reading, at a regular session thereof held on the 28th day of July, 2014.
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APPROVED A TO FORM:
P
E ULLIVAN
City Attorney
ORDINANCE NO. 1895
Page 4 of 4