This is a zone change request from Community Commercial (CC) to Highway Commercial (HC) to allow the expansion of a limited pharmaceutical manufacturing facility on Lot 1, Block 1, North Pointe Square Subdivision, First Filing, located at 2408 Main Street in the Billings Heights. The property has a retail strip center located on it that is attached to the All American Pharmaceuticals building on the property directly to the south. The subject property has access to Main Street and Pemberton Lane across adjacent properties. The applicant is Cody Family, LLC. The agent is Ernie Dutton. A pre-application neighborhood meeting was held on April 15, 2010, at the Bull Mountain Grill at 2376 Main Street. The Zoning Commission conducted a public hearing on June 1, 2010, and forwarded a recommendation of approval on a 4-0 vote. The City Council conducted a public hearing on June 28, 2010 and approved the zone change on 1st reading.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with twelve (12) criteria. Using the twelve (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

The zone change may increase the city's tax base if the property is re-developed under the new Highway Commercial zone.

The Zoning Commission conducted a public hearing on June 1, 2010, and is forwarding a recommendation of approval and adoption of the 12 criteria for this zone change on a 4-0 vote.