This is a zone change request from Community Commercial (CC) to Highway Commercial (HC) on two parcels of land described as Lots 1 through 17, Block 14 of Suburban Subdivision located at 327 Cook Avenue and 3919 Montana Avenue. The total area of both parcels is 65,175 square feet. Both of the parcels have existing commercial development. The parcel at address 3919 Montana Avenue has a vacant welding and machine shop. That property is owned by Gene and April Staudinger. The property at 327 Cook Avenue is owned by Mike D. Dimich Sons. Mike Dimich is the contract purchaser of 3919 Montana Avenue. The owners are represented by Michael Dockery of Crowley Fleck, PLLP. The owners conducted a pre-application neighborhood meeting on February 24, 2011, at the First Interstate Bank at 401 North 31st Street. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on April 5, 2011, and is forwarding a recommendation of approval on a 3-0 vote. The City Council conducted a public hearing April 25, 2011, and voted to approve the zone change on 1st reading.

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 requested zone change will enhance the value of the property, which may increase property tax revenue when improvements are made to the existing and new buildings.

The Zoning Commission is recommending approval of Zone Change #874 and adoption of the 12 criteria on a 3-0 vote.