The site is located southwest of Harvest Moon Drive and Butler Spaeth Road and is vacant. It is bordered on the west by Red Lodge Drive. There is C-1, General Commercial District, to the east that is vacant, R-1, Single Family Residential District to the north and west that is developed as single family homes, and C-O, Office and Institution District to the south that is vacant. The property to be rezoned is 1.28 acres and exceeds the minimum size for a C-P zone of 1 acre.

Both the C-O and C-P Districts are designed to provide services to nearby residential areas. The C-P District allows a slightly higher level of intensity of uses but is still designed to provide neighborhood retail and institutional services. Since the C-P District encourages a mixture of uses, it requires that a Development Plan be approved for all development. Development Plans must be approved by the Planning Commission at a Public Hearing. This will allow for public comment on any proposed development.

The applicant has submitted an Administrative Plat that will make the two lots into one whole lot. The applicant has stated that the intent is to create a commercial condominium development that will allow for individual sales of the building units within one building. The parking and landscaping areas would be under common ownership and maintenance by an organization of the individual unit owners. Because there is a strip of City property between these lots and Butler Spaeth Road, no access will be allowed to Butler Spaeth Road. Primary access will be from Red Lodge Drive.

An amendment to the Zoning Map shall not take place unless at least one of the two criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance:

a. The Zoning Map may be amended when there is a need to correct an obvious error. In this case there was no obvious error.

b. The Zoning Map may be amended to recognize changing conditions within the City. This request does recognize changing conditions in the community because the C-P District will allow for a wider variety of services to the nearby residential area.