HomeMy WebLinkAboutDitton Zone Map Amendment #Z-12056
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Tim McHarg, Planning Director
SUBJECT: Ditton Zone Map Amendment #Z-12056
MEETING DATE: June 11, 2012
AGENDA ITEM TYPE: Action (Legislative)
RECOMMENDATION: That the City Commission adopts the provided staff findings and
approves the zone map amendment, with the four (4) recommended contingencies listed on Page
2 of the Staff Report, and directs staff to prepare an ordinance for the map amendment.
RECOMMENDED MOTION: Having heard and considered public testimony, the
application materials, and the staff analysis and findings, I move to approve the RS zone
map amendment request for #Z-12056, with the four (4) recommended contingencies listed
on page two (2) of the staff report, and direct Staff to prepare an ordinance for the map
amendment.
BACKGROUND: The property owner and applicant, Clara O. Ditton Living Trust, c/o Randy
Ditton, represented by David M. Albert, PLS, has made application to the City for a Zone Map
Amendment to amend the City of Bozeman Zone Map and establish an initial municipal zoning
designation on approximately 20.0 acres of RS (Residential Suburban) in conjunction with
annexation request #A-12003. The subject property is located at 2210 Bridger Drive and is
legally described as a tract of land located in the SE 1/4 of Section 32, T1S, R6E, PMM, Gallatin
County, Montana being Tract B-1 of Certificate of Survey No. 2392-B. The property is situated
along south side of Highway 86/Bridger Drive right-of-way and Greenwood Subdivision
approximately one mile east of the intersection with Story Mill Road.
The purpose of the annexation and zone map amendment request is to create a five-acre parcel
for the existing residence and accessory buildings to remain in the family estate and a second,
fifteen-acre parcel that will be added to the adjoining landowner’s property, owned by Barnard
Land and Livestock, LP. The underlying Bozeman Community Plan land use designation for the
currently vacant property is “Present Rural”. On April 25, 2012 the Development Review
Committee (DRC) recommended approval of the application and their recommended
contingencies are included in the attached report.
The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their
May 15, 2012 meeting to formally receive and review the application and all written and oral
testimony on the proposal. Public comment from neighbors who reside in the Green Acres
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Subdivision to the west expressed concern with flooding in the area due to the lack of upkeep,
maintenance and repair of the Bridger Creek diversion dam situated where the watercourse
passes under Bridger Drive/Highway 86. The Planning Department has solicited comments from
the Department of Natural Resources and Conservation (DNRC) and as of this writing has not
received any comments. The Zoning Commission voted 3-0 to recommend approval of the
requested RS zoning designation as noted in the attached Resolution #Z-12003 and the minutes
from said meeting. The Zoning Commission discussion and public comment received at the
Zoning Commission hearing can be found in the attached minutes from their meeting, as well as
the attached Zoning Commission Resolution.
UNRESOLVED ISSUES: None determined at this time.
FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will
enable future development of the property with the full infrastructure and public services (police,
fire, streets, etc.) of the City when deemed appropriate. This would increase tax values and
corresponding revenue from the property. The City will accrue additional costs to service the
property with municipal service with future development.
Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-12056,
Zoning Commission 5/15/2012 Meeting Minutes.
Report compiled on: May 31, 2012
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Ditton ZMA Staff Report #Z-12056 Page 1 of 7
DITTON ZONE MAP AMENDMENT
FILE # Z-12056
CITY COMMISSION AND ZONING COMMISSION STAFF REPORT
Item: Zoning Application #Z-12056 – An application to amend the City of Bozeman Zone Map to
establish a municipal zoning designation of RS (Residential Suburban District) on approximately 20.0
acres.
Owner/Applicant: Clara O. Ditton Living Trust, c/o Randy Ditton, 4126 Story Creek Drive, Fort
Collins, CO 80525
Representative: David M. Albert, PLS, 404 E. Madison Avenue, Belgrade, MT 59714
Date/Time: Before the Bozeman Zoning Commission on Tuesday, May 15, 2012 at 6:00 PM in the
Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana; and before the
Bozeman City Commission on Monday, June 11, 2012 at 6:00 PM in the Commission Meeting Room,
City Hall, 121 North Rouse Avenue Bozeman, Montana
Report By: Dave Skelton, Senior Planner
Recommendation: Approval of RS with contingencies
LOCATION
The subject property is located along the south side of Highway 86/Bridger Drive approximately one
mile east of the intersection with Story Mill Road and is commonly referred to as 2210 Bridger Drive.
The site is approximately 20.0 acres and is legally described as a tract of land located in the SE 1/4 of
Section 32, T1S, R6E, PMM, Gallatin County, Montana being Tract B-1 of Certificate of Survey No.
2392-B. Please refer to the vicinity map below.
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Ditton ZMA Staff Report #Z-12056 Page 2 of 7
RECOMMENDED CONTINGENCIES
Based upon review and consideration by the Development Review Committee and Planning Staff, and
after evaluation of the proposed zoning against the criteria set forth in 38.37.020 of the Unified
Development Code and Section 76-2-304 Montana Codes Annotated, the Planning Staff recommends
approval of the requested Zone Map Amendment with the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall
be identified as the “Ditton Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation agreement is not approved, the Zone Map Amendment application shall be null and
void.
3. That the applicant submit a zone amendment map, titled “Ditton Zone Map Amendment”, on a 24”
by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned,
acceptable to the Director of Public Service, which will be utilized in the preparation of the
Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes
and bounds legal description of the perimeter of the subject property and zoning districts, and total
acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides
a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area
to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the
zone map.
PROPOSAL
The property owner has made application to the Bozeman Department of Planning and Community
Development for a Zone Map Amendment (ZMA) to establish an initial municipal zoning designation
of “RS” (Residential Suburban District) on approximately 20.0 acres. The subject property is not
presently located within the corporate limits of the City of Bozeman and this ZMA is being processed
concurrently with the annexation application. It is the Department of Planning and Community
Development’s understanding that this property is proposed for annexation with this zone map
amendment in order to create a five-acre parcel for the existing residence and barn to remain in the
family estate and a second, fifteen-acre parcel that will be added to the adjoining landowner’s property,
owned by Barnard Land and Livestock, LP. Both planning applications are currently scheduled before
the City Commission for the June 11, 2012 agenda.
The intent of the RS District is to allow open space, resource protection and primarily single-
household development in circumstances where environmental constraints limit the desirable density.
All new subdivisions and site plan developments in this district shall be subject Article 20 “Planned
Unit Development” of the Unified Development Ordinance (UDC), and shall be developed in
compliance with the adopted city growth policy.
On April 25, 2012 the Development Review Committee (DRC) recommended approval of the
application with the recommended contingencies included above.
LAND CLASSIFICATION AND ZONING
The property is currently occupied by the family residence, farmstead and associated outbuildings and
fronts onto Highway 20/Bridger Drive. The following existing land uses and zoning are adjacent to
the subject property:
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Ditton ZMA Staff Report #Z-12056 Page 3 of 7
North: Residential annexed land (Creekwood Subdivision) zoned R-1 (Residential Single
Family, Low Density District) and RS (Residential Suburban District) – Designated “Suburban
Residential” on the City of Bozeman Future Land Use Map.
South: Vacant; Unannexed County land zoned AS (Agricultural Suburban District) –
Designated “Present Rural” on the City of Bozeman Future Land Use Map.
East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) –
Designated “Present Rural” on the City of Bozeman Future Land Use Map.
West: Developed lands under Gallatin Country jurisdiction (Green Acres Subdivision) zoned
“RS” (Residential Suburban District) – Designated “Suburban Residential” on the City of
Bozeman Future Land Use Map and large suburban tracts zoned “RS” (Residential Suburban
District) – Designated “Present Rural” on the City of Bozeman Future Land Use Map.
REVIEW CRITERIA
The establishment of a zoning district is a legislative act to set policy relating to future development
proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment
against the Bozeman Community Plan, the City of Bozeman Unified Development Code (UDC), and
the thirteen (13) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result
offer the following summary-review comments for consideration by the Zoning and City Commission.
A. Be in accordance with a growth policy.
Yes. The subject property is recognized as “Present Rural” on Figure 3-1 Future Land Use Map of the
Bozeman Community Plan as noted on the attached map at the end of this staff report. The “Present
Rural” land use designation of the Bozeman Community Plan indicates that:
“This category designates areas where development is considered to be generally inappropriate over
the 20 year term of the Bozeman Community Plan, either because of natural features, negative impacts
on the desired development pattern, or significant difficulty in providing urban services. The
Residential and Residential Mixed Use categories contain adequate area to accommodate residential
development over the 20 year horizon of the Bozeman Community Plan. Development within the
Present Rural area would be generally disruptive to the desired compact urban land use pattern
depicted in the Plan. As Bozeman develops over time, it is expected that the City will expand outward
into areas previously designated as Present Rural. As the City’s growth policy is updated from time to
time, some areas currently classified as Present Rural are expected to be reclassified to urban
designations. Reclassification shall occur prior to development.
Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be
considered. There are many goals, objectives, and other text which must also be evaluated. While not
every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal
may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the
growth policy compliance must be to both Figure 3-1 and the other plan elements.
Chapter 3 of the Bozeman Community Plan addresses land uses. Beginning on page 3-3, there are
seven principles laid out which provide a foundation for Bozeman’s land use policies and practices.
There is a description of each of them provided in the provided pages attached to this report. These are:
Neighborhoods, Sense of Place, Natural Amenities, Centers, Integration of Action, Urban Density,
and Sustainability
Supportive examples of applicable goals and objectives for this application include:
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Chapter 3 Land Use:
Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public
and private basic services and facilities in close proximity to where people live and work, and
minimizes sprawl.
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or
design.
The subject property is occupied by the Ditton farmstead, single-family dwelling and accessory
outbuildings. As noted in the applicant’s written narrative, the applicant’s request to annex the subject
property and establish an initial “RS” (Residential Suburban District) zoning designation is for the sole
purpose of maintaining the current agricultural character of the applicant’s farmstead. There is no
alternative plan for further residential development. In considering the appropriateness of a particular
zoning district for a site, it is appropriate to consider what district with annexation will most fully
advance the community plan, goals and objectives. As a zone map amendment is a legislative, not
quasi-judicial, matter the City has broad discretion to decide the course considered most suitable.
With a “RS” zoning designation any further development of the site would require review as a Planned
Unit Development (PUD). Any PUD development proposal with the “Present Rural” land use
designation would likely fail to comply with the growth policy, if not the community objectives for a
Planned Unit Developments as outlined in Section 38.20.010 (BMC) finding that the area in question
is generally inappropriate for development under the current Bozeman Community Plan. Allowing the
applicant to annex the subject property with no plans for further development would therefore comply
with the intent of the current “Present Rural” land use designation.
B. The effect on motorized and non-motorized transportation systems.
Neutral. Historically, the property has been utilized as the applicant’s farmstead with the long term
plan to keep the current character of the farm lands intact. The annexation will not result in additional
demand for transportation or changes in use. The long range transportation plans for the City and
surrounding area does not anticipate this area developing at municipal density. The change in zoning is
therefore expected to be neutral in effect. Any future redevelopment will be held to the standards of the
City’s land use regulations and will be required to mitigate identified impacts.
In terms of non-motorized transportation, the Bozeman Parks, Recreation, Open Space and Trails
(PROST) Plan identifies a proposed trail corridor in the general area of the Fish Hatchery Road
extended westward that would continue thorough the subject property. While the applicant does not
propose development at this time the Annexation Agreement will need to discus provisions for
implementing the trail corridor at the time of development and/or when the ability to extend a trail
through this area arises.
C. Secure safety from fire, panic, and other dangers.
Yes. The regulatory provisions established in all of the zoning designations, in conjunction with
provisions for adequate transportation facilities, properly designed water mains and fire service lines
and adequate emergency exits/escapes, will address safety concerns with any future subdivision and/or
other development of the property. All new structures and development on the subject property would
be required to meet the minimum zoning requirements for setbacks, lot coverage, height limitations
and lot sizes to ensure the health, safety and general welfare of the community. Per Article 1 of the
UDC, the City of Bozeman’s has the authority and power to require more stringent standards than the
minimum requirements if it ensures the best service to the public interest.
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D. Promote public health, public safety, and general welfare.
Yes. The regulatory provisions established through the City’s municipal code under Chapter 38,
Unified Development Code (UDC), BMC, will adequately address the issues of health and general
welfare. Further development of the subject property also requires review and approval by the
Montana Department of Health and Environmental Sciences, City Engineer's Office and Director of
Public Service. The property, upon development, would be required to come into conformance with all
requirements of the zoning ordinance.
Additional development issues related to municipal infrastructure (i.e., water and sanitary sewer) and
public services (i.e., police and fire protection) will be addressed with subdivision and/or site plan
review when residential densities and demand can be more closely calculated. Water and sewer
infrastructure are in the vicinity and available to the site in conjunction with adjacent property
development.
E. Reasonable provision of adequate light and air.
Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested “RS” zoning
district provides the necessary provisions (i.e., yard setbacks, lot coverage, open space and building
heights), which are intended to provide for adequate light and air for any proposed development on the
subject property.
F. Prevention of overcrowding of land.
Yes. The minimum yard setbacks established in the “RS” district, as well as the limitations of lot
coverage for principal and accessory structures and off-street parking facilities, would maintain the
desired percent of buildable area. Minimum yard setbacks, height requirements, maximum lot
coverage and required parking are also limiting factors that help prevent the overcrowding of land.
Such regulatory standards should prevent the overcrowding of land, and maintain compatibility with
the character of the surrounding area.
G. Avoiding undue concentration of population.
Yes. Future development of the subject property zoned under this proposal will result in a density
increase beyond what currently exists on the subject property. However, compliance with the
regulatory standards set forth in the UDC and the International Building Code will aid in providing
adequately sized dwelling units to avoid undue concentration of population. According to the census
information for the City of Bozeman the average household size has been declining from 5.74 in 1930
to 2.48 in 2000. This historical trend is anticipated to continue and would indicate that the undue
concentration of the population is not a significant issue with any zoning designation.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Yes. Further assessment of the impacts to infrastructure, public services, schools, park land, and other
community requirements will be evaluated during subdivision and/or site plan review. Said impacts
identified with any development proposal of the property will be mitigated with recommended
conditions of approval by the DRC with a determination made by the approval authority on adequate
provisions. For this application, the DRC has determined that municipal infrastructure is located in the
general area and could be extended from Creekwood Subdivision to the north or Headlands
Subdivision PUD approximately one-quarter mile to the west. Emergency services are currently
serving this area, and municipal police and fire are within adequate response times of the site.
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I. Conserving the value of buildings.
Yes. The property is currently occupied by the farmstead and associated outbuildings. While the
applicant does not intend to develop the subject property the proposed district is compatible with other
adjacent zoning designations and uses expected within those zoning designations. Availability of
municipal water and sewer with future development will reduce likelihood of septic failure and
possible negative impacts to adjacent owners which would reduce value of existing development.
J. Character of the district.
Yes. The most important factor in determining the suitability of a proposed zoning designation is the
potential for compatibility with existing adjacent land uses. The applicant’s narrative discusses their
desire to not develop the property, and instead retain five acres of the site for the homestead and
transfer the remaining fifteen acres to the adjoining landowner to the east. As envisioned by the
Bozeman Community Plan, this area is designated to continue to develop as “Present Rural”, which
identifies areas where development is considered to be generally inappropriate over the 20 year term of
the Bozeman Community Plan. The applicant’s goal to maintain the character of the existing
farmstead will accomplish this goal and respect the current land use patterns in the area. Therefore, the
applicant’s proposal to not further develop the land at this time is consistent with Future Land Use
Map of the Bozeman Community Plan.
K. Peculiar suitability for particular uses.
Yes. The proposed zone map amendment provides reasonable consideration to the character of the
district by maintaining the current integrity of the farmstead and existing land use patterns in the
immediate area. Changes in the current land use by the landowner are not anticipated at this time.
With a “RS” (Residential Suburban District) zoning designation any future development through
subdivision or site plan review will be subject to the provisions of Article 20 “Planned Unit
Development” of the Bozeman Municipal Code (BMC). Under this scenario any development
proposal with the current “Present Rural” land use designation would likely fail to comply with the
adopted growth policy.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. Under the provisions of Article 20 “Planned Unit Development of the Bozeman Municipal Code
(BMC) the “RS” zoning designation for this proposal is supportive of the overall intent of the growth
policy in regards to promoting logical development patterns of residential uses that will mutually
benefit the neighborhood and community as a whole. Furthermore, it will avoid inappropriate
development of lands while protecting existing neighborhoods from the harmful encroachment of
incompatible developments.
M. Promotion of Compatible Urban Growth.
Yes. The adopted growth policy is the means by which land use patterns are evaluated and locations
for appropriate uses assigned in a broad fashion. To guide this evaluation the Bozeman Community
Plan provides several guiding ideas and principles for the physical development of the City as
discussed above in Item “A”. Development consistent with these ideals and principles are more likely
to be compatible with adjacent development both within and outside of the City limits. Staff does not
see the applicant’s proposal to annex the 20-acre parcel as a problem under the current “Present Rural”
designation when it is their intention to hold the farmstead in its current state, which does not add any
new development. By this means it is then possible for the City to reevaluate the proper zoning
designation during the next regular growth policy update cycle to determine if the current land use
designation is still appropriate.
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PUBLIC COMMENT
As of the writing of this staff report, the City of Bozeman Department of Planning and Community
Development has not received any public testimony on the matter. Any written comments received by
the Planning Office following completion of the respective review packets will be forwarded to the
Zoning Commission and City Commission during the public hearings.
SUMMARY & CONCLUSION
The Department of Planning and Community Development and the Development Review Committee,
have reviewed the proposed Zone Map Amendment application and have provided summary review
comments as outlined above in the staff report; and as a result, recommend approval of the application
with contingencies.
The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City
Commission for consideration at its public hearing scheduled for Monday, June 11, 2012. The City
Commission will make the final decision on the application.
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR WITHIN 150
FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT BECOME
EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND
VOTING MEMBERS OF THE CITY COMMISSION.
REPORT SENT TO
Clara O. Ditton Living Trust, c/o Randy Ditton, 4126 Stony Creek Dr., Fort Collins, CO 80525
David M. Albert, PLS, 404 E Madison Avenue, Belgrade, MT59714
ATTACHMENTS
Exhibit “A” – Vicinity Area Map
Exhibit “B” – Vicinity Site Map
Exhibit “C” – Future Land Use Map, Bozeman Community Plan
Table 38.08.020 of UDC (Table of Residential Uses)
Applicant’s submittal materials
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RESOLUTION #Z-12056
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF
BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF
RS (RESIDENTIAL SUBURBAN DISTRICT) ON 20.0 ACRES CONTINGENT UPON
ANNEXATION OF SAID PROPERTY WHICH IS DESCRIBED AS TRACT B-1 OF
CERTIFICATE OF SURVEY NO. 2392-B, LOCATED IN THE SE ¼ OF SECTION 32,
T1S, R6E, PMM, GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, Clara O. Ditton Living Trust, c/o Randy Ditton, represented by David M.
Albert, PLS applied for a zoning map amendment, pursuant to Chapter 38, Article 37 of the
Bozeman Unified Development Code, to amend the Bozeman zoning map to establish an initial
zoning designation of RS (Residential Suburban District) for 20.0± acres; and
WHEREAS, the proposed zoning map amendment request has been properly submitted,
reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 17 of
the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on May 15,
2012, to formally receive and review all written and oral testimony on the proposed zoning map
amendment; and
WHEREAS, two members of the general public provided public testimony that was not
in opposition to the proposed annexation and zone map amendment, but instead expressed
concern with flooding in the area due to the lack of maintenance, upkeep and repair of the
Bridger Creek diversion dam situated along Highway 86/Bridger Drive; and
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WHEREAS, the City of Bozeman Zoning Commission offered the opportunity for the
applicant or Planning Department to respond on the status of the Bridger Creek diversion dam
and the Planning Department noted they would forward any available information onto the City
Attorney and City Commission; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning
map amendment generally complies with the thirteen criteria for consideration established in
Chapter 38, Article 17 of the Bozeman Unified Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a vote of 3-0, officially recommends to the Bozeman City Commission approval
of zoning application #Z-12056 to amend the Bozeman zoning map to establish an initial zoning
designation of RS (Residential Suburban District) on 20.0± acres contingent upon annexation of
said property which is described as Tract B-1, COS No. 2392-B, located in the SE¼ of Section
32, T1S, R6E, PMM, Gallatin County, Montana subject to the following contingencies:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Ditton Zone Map Amendment”.
2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation
Agreement is signed by the applicant and formally approved by the City Commission. If the
annexation agreement is not approved, the Zone Map Amendment application shall be null
and void.
3. That the applicant submit a zone amendment map, titled “Ditton Zone Map Amendment”, on
a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area
to be zoned, acceptable to the Director of Public Service, which will be utilized in the
preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said
map shall contain a metes and bounds legal description of the perimeter of the subject
property and zoning districts, and total acreage of the property.
4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana surveyor and
map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
DATED THIS DAY OF , 2012, Resolution #Z-12056
_____________________________ ____________________________
Tim McHarg, Planning Director Ed Sypinski, Chairperson
Dept. of Planning & Community Development City of Bozeman Zoning Commission
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May 8, 2012
Bozeman City Planners
RE: Proposed Ditton Annexation and Zone Change
This application is to request annexation and a zone change for a tract of land in Section 32, T1S, R6E
owned by Clara O. Ditton Living Trust and shown on Certificate of Survey 2392B as Tract B-1A. The
desired use of the land is to create a five to six acre tract containing the existing Ditton house and barn
by relocating the eastern and southern boundaries. The remaining fifteen acres will be added to the
existing tract owned by Barnard Land and Livestock L.P. consisting of Tract B-2A of COS 2392A and
Lot 23 of COS 35. The resultant two tracts will thus be the five-plus acre house tract and a 90-plus acre
tract that has no residential structures. This result was sought through an application for variance with
the county but was rejected because a variance for lot size is not supported by the county variance
rules.
Clara Ditton is 86 years old and suffering from Alzheimer's and is in a full care nursing home. The
proceeds would be used to fund her care and the zone change would allow the Dittons to keep the
family home and 5-plus acres thus alleviating the unnecessary hardship of funding this care without
access to her land equity. Because this property is adjacent to the city of Bozeman and has small lots
adjacent to it and across Bridger Canyon Road, it is reasonable to allow this annexation and the zone
change that will allow this desired solution. There will be no change of land use at this time and there
are no current plans to develop this land further.
This process is our last resort before trying to sell the whole tract along with the house. We tried twice
to obtain a variance from the tract size requirement through the county process only to find out that the
variance procedure does not apply to lot size. Mr Barnard has agreed to purchase this land by boundary
relocation if we can get permission to do it so this is the most expeditious way to do this and it will
allow Mrs. Ditton's son to continue living in the house in which he was raised.
Sincerely,
David M. Albert
P.L.S.
David M Albert
Registered Land Surveyor
404 E Madison Ave
Belgrade, Montana 59714
406 539-9086
406 388-7628
davidmalbert@aol.com
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