This is a zone change request from Planned Development – Neighborhood Commercial with Restrictions to Planned Development – Neighborhood Commercial without the restrictions on a 25,600 square foot parcel of land described as Lot 4, Block 2, Rocky Village Subdivision located generally at 1648 Poly Drive. The property is owned by Rocky Mountain College and is represented by Thomas Smith of Moulton Bellingham. The owner conducted a pre-application neighborhood meeting on December 27, 2010 and a preliminary review meeting was held by city staff on January 26, 2011. The Zoning Commission held a public hearing on March 1, 2011 and recommended approval on a 4-1 vote. The City Council held a public hearing on March 28, 2011, and voted to approve the zone change on first reading and to adopt the 12 criteria.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 12 criteria. Using the 12 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

Approval of the zone change would allow the owner to market the property for a use other than a coffee shop or eating place and would allow the new use to increase the size of the building beyond the existing 1,972 square feet. A new use may increase the commercial property value. Re-use of vacant property will tend to increase property value in the area.

The Zoning Commission is recommending approval of Zone Change #873 and adoption of the 12 criteria on a 4-1 vote.