HomeMy WebLinkAbout03-04-22 Public Comment - S. Casto - Consent Order F. 4 Annexation Agreement Canyon Gate Development
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March 4, 2022 City Commission VIA EMAIL c/o City of Bozeman Alfred Stiff Professional Building 20 East Olive
Bozeman, Montana 59715
RE: Canyon Gate Annexation Covenants, Conditions, and Restrictions
Honorable Members of the Bozeman City Commission: I am writing to you to correct an error in the approved Consent Order F.4 Final Adoption of the Canyon Gate Annexation Agreement to Annex; Application 21337, prior to taking legal action. During the March 1, 2022 City Commission meeting, two members of the public brought to your attention inconsistent language within the Annexation Agreement and Covenants, Conditions and Restrictions as compared
to what was motioned, voted and approved in the January 11, 2022 Commission
meeting for the Canyon Gate Annexation and Zone Map Amendment. The
inconsistency was not addressed. The following and the attached describe the
discrepancy for your review and immediate correction. The Canyon Gate Declaration of Covenants, Conditions, and Restrictions within the Consent Order F.4. voted and approved on March 1, 2022 contains the following language in Section 1 (See Attachment 1; Implementing_Covenant_2-17-2022; pg 3; underlined for emphasis)1.
1. Height and Bulk limitation. In order to advance the goals of the
Bozeman Community Plan 2020, Theme 2, notwithstanding any provision to the
contrary as set forth in the City’s regulations for its R-5 and B-2M zoning districts,
within the Canyon Gate Annexation Property, and as depicted on the Canyon Gate
Annexation Zone Map Amendment, Ordinance 2099: A) the maximum height of structures located within the R-5 zoning district and the B-2M zoning district is limited to a maximum of 50 feet or 4 stories, whichever is greater; B) the building footprint of each building within the B-2M zoning district is limited to a maximum of 25,000 square feet per building; and 1 https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1254351/Implementing_Covenant_2-17-2022.pdf
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C) buildings within the northern 100 feet of the B-2M zoning district shall be limited to residential purposes only and limited to a maximum height of 36 feet for structures with a flat roof and a maximum height of 46 feet for structures with a pitched roof. This language is clearly inconsistent with specific language and intent that was voted
on and approved during the City Commissions meeting dated January 11, 2022.
During this January 11th meeting, Commission Madgic made a motion to amend the
agreement to limit the building height throughout the entire project to a maximum
of 50 feet. Commission Pomeroy seconded the motion and the vote passed (see
minute 2:11:18 thru 2:12:15 of the video recording)2. There was some confusion on the specific language proposed by Commissioner Madgic’s amendment. However, during the motion, Mayor Andrus clarified the specifics of Commissioner Madgic’s amendment to limit the height of the “Entire Project” to a max of 50 feet, which would include the R-5, B-2M, and REMU throughout (see minute 2:11:42)1. The following is a brief transcript of the meeting
minutes during this interaction.
Video Minute 2:11:18:
Commission Madgic: “I’d like to make an amendment to add an agreement to
the annexation agreement that would limit building height throughout the commercial portion of this area to 50 feet or four stories; a max of 50 feet”
Commissioner Andrus to Commissioner Madgic: “Commissioner Madgic, I think what you are meaning to say is that you are wanting to limit the height in the entire project to 50 feet”
Commissioner Madgic to Commissioner Andrus: “Correct, that is what I was
meaning to say.”
Commissioner. Andrus to Commissioner Madgic: “I think that is what you are
saying, right?”
Commissioner. Madgic to Commissioner Andrus: Yup, that’s what I was
saying.”
Video Minute 2:12:00:
Commission Pomeroy: “Second”
Commission Andrus: “It’s been moved and seconded” 2 https://bozeman.granicus.com/player/clip/221?meta_id=25382&redirect=true.
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The difference between the above amended, voted and approved language from the covenants is twofold:
● The term “whichever is greater” should be removed from the Covenants
Section 1. A) per Commissioner Madgic’s motion and specific language as
stated above. In practice, four stories could, and often does, exceed 50 feet
depending on story height. As indicated in Commissioner Madgic’s
discussion on project impacts, the intent of the motion was to limit the height
of the entire development to 50 feet, and therefore the verbiage “whichever is
greater” should be removed from the covenants.
● REMU zoning district should be added to the Covenants Section 1. A). The maximum building height of 50 feet should apply to all zoning districts in the
project, where applicable, including REMU, R-5, and B-2M. As stated in
Commissioner Madgic monolog and Mayor Andrus’s clarifications, the
intention of the motion was to limit the height of the entire development to 50
feet, which includes the REMU. Please re-open the matter to correct this deficiency or respond to this letter by March 15, 2022 if you disagree with my understanding of the covenants that were approved. If I do not hear from you by March 15, 2022, I will have no other choice but to pursue all other options including legal action if necessary. Thank you.
RESPECTFULLY SUBMITTED this 4th day of March, 2022.
By:_Sean K. Casto
Sean Casto
1451 Maiden Spirit Street
Bozeman, MT 59715 Enclosures (1) Implementing_Covenant_2-17-2022: Canyon Gate Declaration of Covenants, Conditions, and Restrictions
Cc: Mr. Triel Culver, Edwards & Culver
Mr. Brian Gallik, Gallik, Bremer & Malloy, P.C.
Mr. Greg Sullivan, City of Bozeman City Attorney
Ms. Nora Shelly, Bozeman Chronicle
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Attachment 1: Implementing_Covenant_2-17-2022
Canyon Gate Declaration of Covenants, Conditions, and Restrictions
From:Sean Casto
To:Agenda; Brian Gallik; Greg Sullivan
Cc:Nora Shelly; Triel Culver
Subject:Consent Order F.4. Annexation Agreement Canyon Gate Development
Date:Friday, March 4, 2022 10:59:35 AM
Attachments:Canyon Gate Letter to City Commission Consent Order Review3.4.22.pdf
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Dear City Commissions and Mr. Sullivan, City Attorney,
I am writing to you to correct an error in the approved Consent Order F.4 Final Adoption of
the Canyon Gate Annexation Agreement to Annex; Application 21337, prior to taking legalaction. During the March 1, 2022 City Commission meeting, two members of the public
brought to your attention inconsistent language within the Annexation Agreement andCovenants, Conditions and Restrictions as compared to what was motioned, voted and
approved in the January 11, 2022 Commission meeting for the Canyon Gate Annexation andZone Map Amendment. The inconsistency was not addressed at the March 1 meeting. The
attached document describes the discrepancy for your review and immediate correction.
Respectfully, Sean Casto