The applicant requests approval of a Zoning Map Amendment for Lot 1 and a Portion of Lot 2, Moon Meadows Estates No. 5, from C-1, General Commercial District, to R-4, Multi Family Residential District.

The applicant has indicated that the development of apartments is contemplated for this site and that will require zoning it to R-4, Multi Family Residential District, from the existing C-1, General Commercial District. This type of action is generally referred to as downzoning, or changing to a zone or use of less intensity, in this case from commercial to multi family residential. Downzoning is generally considered acceptable as long as it does not create a incompatible relationship with adjacent zoning.

The site is located on the southeast corner of Harvest Moon Drive and Butler Spaeth Road. To the north is vacant C-1 property, to the east is a small parcel to remain C-1, owned by others and developed as storage units. On the east as well is developed R-4 zoned property. To the south is vacant C-3, Business/Services District. To the west, across Butler Spaeth Road, is vacant C-P, Commercial and Institutional District property.

The property to the north is owned by the School District and may be developed as a public school. The proposed R-4 zoning is considered more compatible with the a public school project than the C-1 zoning.  The rezoning of this property would create a requirement that the adjacent C-3 zoned property have a landscape buffer. The applicants have agreed to accept a case requirement that is designed to alleviate that requirement.

An amendment to the Zoning Map shall not take place unless at least one of 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. The applicant has indicated that the purpose of this request is to accommodate a prospective buyer who intends to develop apartments. There is a relatively large amount of commercially zoned land in the vicinity and a small amount of commercial development occurring. It appears that the demand for multi family development has surpassed the demand for commercial development in the area.

I move for Approval of an Ordinance to Amend the District Zoning Map for Lot 1 and a Portion of Lot 2, Moon Meadows Estates No 5, From C-1, General Commercial District, to R-4, Multi Family Residential District, Subject to All Planning Requirements.