This is a zone change request from Planned Development – Residential Multi-family-Restricted (PD-RMF-R) to Planned Development – Neighborhood Commercial (PD-NC). The existing zoning also allows the location of a church as an allowed use in addition to the residential use. The application is for a 45,950 square foot parcel of land described as Lot 2, Block 28, Harvest Subdivision, 3rd Filing located generally at 3225 Rosebud Drive. The property is a unit-ownership parcel that includes 15 residential units and the now-vacant church/day care. The vacant structure is owned by Stockman Bank. The residential owners are Terry Havener, Susan Havener, Brittany Evans, Kimberly Erbacher, John Erbacher, Folmer Christensen, and Mari Christensen. The agents are R.L. McComish and Sanderson Stewart representing the potential purchasers of the Stockman Bank unit. The intent of the purchasers is to establish a Pickle Barrel restaurant. The agents and owner conducted a pre-application neighborhood meeting on September 24, 2012. A preliminary review meeting was held by city staff on October 29, 2012.

The Zoning Commission granted the applicant a 30-day delay of the public hearing on November 7, 2012. The applicant was preparing a detailed traffic study for the adjacent streets and intersections. The Zoning Commission conducted a public hearing December 4, 2012, and is forwarding a recommendation of approval on a 3-0-1 vote. The City Council conducted a public hearing on January 14, 2013 and approved the zone change on first reading.

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 may realize additional tax revenue if the existing vacant building is renovated. The City fees assigned to the property will be increased from the rate charged for residential to a rate charged for commercial property.

The Zoning Commission is forwarding a recommendation of approval and adoption of the 10 criteria for Zone Change #906 on a 3-0-1 vote.