This is a zone change from Community Commercial (CC), Public (P), Residential 6,000 (R-60) and Residential Multi-Family (RMF) to Residential 9,600 (R-96) and Residential 6,000 Restricted (R-60-R) on Lots 10 through 12, Block 16; Lot 15, Block 17; Lots 1 through 4, Block 18; Lots 1 through 4 and 7 & 8, Block 19; Lots 25 through 27, Block 45; Lots 12A, 12B, 13A and 14 through 17, Block 46; Lots 8 through 13, Block 47; and proposed new Lots A through G to be created from golf course land, a total of 12.651 acres of land all in Lake Hills Subdivision. All of the lots are currently vacant. Ron Hill is the owner and is represented by Marshall Phil, P.E. , of Blueline Engineering. The owners conducted a pre-application neighborhood meeting on February 28, 2011, at the Lake Hills Clubhouse at 1930 Clubhouse Way.

The Planning Division received a valid protest petition from the owners within 150 feet of proposed Lots B and C, a letter from the owner of 494 Cherry Hills Road in favor of the zone change and a letter sent to the agent prior to the zone change application in opposition to proposed Lots B and C. The Zoning Commission conducted a public hearing on April 5, 2011, and is forwarding a recommendation of approval with the exception of proposed Lots B, C, and G on a 3-0 vote. The City Council conducted a public hearing on April 25, 2011, and voted to approve the zone change with the exception of proposed Lots B, C, and G on first 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

Since this zoning application has a valid protest filed against it for the new proposed Lots B and C, it is Planning Staff's opinion that if the City Council wants to make a motion to approve the zone change and include proposed Lots B and C, it will need a super majority to do so to overcome the valid protest petition. If the Council chooses to make a motion to approve the zone change excluding Lots B and C, then a simple majority would suffice.

If approved, the zone change to single family residential zones may reduce some City assessments currently charged against the existing multi-family and commercial lots, but this may be off-set by the creation of the new lots within the golf course area and the total asessments collected by the City for the rezoned lots and the new lots.

The Zoning Commission is forwarding a recommendation of approval with the exception of proposed Lots B, C, and G, and adoption of the 12 criteria for Zone Change #875 on a 3-0 vote.