This is a zone change request from Residential 5,000 (R-50) and Public (P) to Residential Multi-family-Restricted (RMF-R) and Public (P) on portions of Lots 1A and 2A, Block 1, Western Sky Subdivision, west of the intersection of 44th Street West and south of King Avenue West. The property is owned by King Meadows, LLC and Pemberton LLC, and the agent is Marshall Phil, P.E., of Blueline Engineering. The owner conducted a pre-application neighborhood meeting on March 25, 2013. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on June 4, 2013, and is forwarding a recommendation of approval on a 3 to 0 vote. The city Council conducted a public hearing and approved the zone change request on 1st reading on June 24, 2013.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 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

The city service fees for arterial construction and storm water will be adjusted based on the new zoning. These fees are higher than the current fees for R-50 zoning. New development will add to the property value which will increase the city's tax base in this area.

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 912 on a 3 to 0 vote.