This is a zone change request from Agriculture Open-Space (A-1) to Highway Commercial (HC) on an un-platted 63.32 acre parcel of land. The property is located south of the King Ave West interchange with Interstate 90 at 1228 and 1236 Mullowney Lane. Portions of the property are already zoned HC, but the majority is zoned A-1. The property is owned by Elizabeth Zeiler, and Ben Smith of Plante Moran Cresa is the agent. The owner conducted a pre-application neighborhood meeting on January 24, 2013 at the Kelly Inn at 5610 South Frontage Road. The owner has submitted a concurrent request for annexation of the property. The Zoning Commission conducted a public hearing on March 5, 2013, and is forwarding a recommendation of approval on a 3 to 0 vote. The City Council held a public hearing on March 25, 2013, and approved first reading of the zone change ordinance.

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

There should be no immediate financial impact from the proposed zoning. When the property is annexed, fees will be assessed based on the zoning and lot area. The annexation and zone change will increase the city's tax base. When a development occurs, additional taxes and fees will be assessed and additional city services will be provided.

The Zoning Commission recommends approval of Zone Change #908 and adoption of the findings of fact for the 10 criteria on a 3 to 0 vote.