HomeMy WebLinkAbout04-06-20 City Commission Packet Materials - C3. Ratify Amend to Covenants for Gardner Light Industrial Subdivision Commission Memorandum
REPORT TO: Mayor and City Commission FROM: Marty Matsen, Director, Community Development SUBJECT: Ratify previous amendment to covenants for the Gardner Light
Industrial subdivision and consent to amendment to covenants to remove requirement for City participation in future amendments and authorize the City Manager to sign the ratification and consent on behalf of the City. MEETING DATE: April 6, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission approve the ratification of a previous amendment to covenants for the Gardner Light Industrial subdivision and consent to amendment to covenants to remove requirement for City participation in future amendments and authorize
the City Manager to sign the consent on behalf of the City.
BACKGROUND: The final plat of the Gardner-Simmental Plaza was approved on December 31, 1974 and filed on January 9, 1975. At that time the property had not been annexed to the City of Bozeman but was within the City’s extra-territorial zoning authority. The property was zoned as M-1. As part of the platting process the property owners chose to record covenants
establishing some private restrictions on the use of the land and additional standards for
development. A copy of the covenants is attached. The additional standards include items such as setbacks from property lines that are 3-13 times those required in the City’s M-1 zone standards. The covenants restricted allowed uses to industrial uses and also include a provision that the covenants can only be amended with the approval of the City of Bozeman. A search of the
available records regarding the subdivision does not show any evidence that the City’s approval
for covenant changes was required as part of the subdivision approval process.
The property was annexed in 1999 and continued as M-1 zoning. A portion of the Gardner-Simmental Plaza was rezoned in 2016 by Ordinance 1953 from M-1 to B-2. Neither of these actions altered the covenants.
The property owners made a modification to the covenants in 2018 to align the allowed uses in
the covenants to match with the newly approved zoning change. A copy of the amendment is attached. The owners now seek the City’s consent to the change. The owners also request that the City consent to a future modification to remove the requirement for the City to consent to modifications to the covenants. If the City agrees to this request, it means the City will have
agreed to give up any direct control over amendments without its consent.
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Planning and Legal staff have reviewed the request and recommend approval of both actions to
the City Commission. The City strives to stay out of private covenants unless necessary to enact City required conditions of approval. No such conditions are known in this situation. Neither of these requested actions regarding private covenants modifies any City adopted standard or zoning requirement for existing or future development.
As requested by the owners, and in order to document the action, a ratification to the amendment
and consent to the future amendment has been prepared and after signing can be recorded with the Gallatin County Clerk and Recorder. The owners indicate that a rapid response to this request is necessary.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As proposed by the City Commission.
FISCAL EFFECTS: None.
Report compiled on March 25, 2020
Attachments: Staff Memo
Letter requesting City Commission action Consent document Amended covenant Original covenant
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Return to:
City of Bozeman City Clerk PO Box 1230 Bozeman MT 59771-1230
CONSENT TO AMENDMENT TO PROTECTIVE COVENANTS FOR GARDNER
LIGHT INDUSTRIAL PLAZA
NOTICE IS HEREBY GIVEN to all potential purchasers of lots within the Gardner Light
Industrial Plaza, which is described as Plat J-5, Gardner-Simmental Plaza, located in Section 35,
Township 1 South, Range 5 East, PMM, Gallatin County, Montana, that the undersigned hereby
ratifies and consents:
1) to the amendment to the Protective Covenants for Gardner Light Industrial Plaza, filed in the
office of the Gallatin County Clerk and Recorder, Montana, on July 30, 1974, at 9:30 a.m. and
recorded in Book 25 of Miscellaneous, page 689 and as amended in Document 2620231
recorded on July 24, 2018 at 3:32 pm; and
2) further consents to removal of the obligation included in ARTICLE II, Section 18
Amendments for the City of Bozeman City Commission to review and approve amendments to
the covenants.
#### END OF CONSENT TO AMENDMENT EXCEPT FOR SIGNATURES ####
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CITY OF BOZEMAN
____________________________________
By: Dennis M. Taylor, Interim City Manager
ATTEST:
________________________________
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of , 2020, before me, a Notary Public
for the state of Montana, personally appeared Dennis M. Taylor and Mike Maas, known to me to
the persons described in and who executed the foregoing instrument as Interim City Manager and
City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within
instrument and acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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