Staff recommends the City Council hold a public hearing. In this case, a joint public hearing that considers both the annexation and associated zone change. Upon completion of the hearing, staff recommends the City annex the petitioned property with the staff recommended conditions of approval. 

NOTE: Though a joint hearing is being held, individual action will need to be taken on each item.

J.W. Papez, on behalf of Thomas Romine, submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located Southwest of 58th Street W and Rimrock Road. The land being annexed is described as: A portion of Lot 27A of the Amended Plat of Sunny Cove Fruit Farm Subdivision located in the NW ¼ of Section 31, Township 1 north, Range 25 east, P.M.M. Billings, Yellowstone County, Montana, recorded on December 29, 2009 under Document No. 3536038, more particularly described as: Beginning at the northeast corner of Lot 27A, thence S0°07’20”E a distance of 666.42’ to the southeast corner of Lot 27A, thence S89°41’20”W a distance of 607.35’, more or less, thence N0°24’55”W a distance of 665.74’ to a point on the boundary lot line between Lots 27A and 6A-1, thence N89°37’30”E along the boundary line of Lot 27A and 6A-1 a distance of 610.76’ to the point of beginning. Including all adjacent Right-Of-Way of Rimrock Road. Including Mared Street in its entirety extending from the west right-of-way of 58th Street West to its western boundary on the east boundary of Lot 6A-1 of the Sunny Cove Fruit Farms Subdivision, and 58th Street West in its entirety extending from the south right-of-way of Rimrock Road to the north boundary of Sweetgrass Creek Drive.

Said annexation containing 9.31 acres, more or less.

The property currently has the Yellowstone County Zoning Designation of Rural Residential 3 (RR3). RR3 allows for 3 acre to 9.9 acre parcels. As a requirement of annexation the property is concurrently being rezoned to the City Zoning designation of Mid-Century Neighborhood Residential (N2) which allows for single family homes and duplexes among other uses.

It is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities. Staff finds the proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. This area is located within the City's Annexation Petition Area on its Limits of Annexation Map: The area is located within Zone 1 of the Limits of Annexation Map.
2. The City must be able to provide adequate city services at a a cost acceptable to the City within a time period mutually agreed to by the property owners requesting annexation and the City: The Annexation Agreement is the binding contractual agreement that identifies requirements of the City and the Developer to ensure services are provided in a mutually agreed to time. 
3. Existing or proposed public improvements within the area to be annexed must meet City standards: Public improvements must be followed as stipulated in the Annexation Agreement.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest the creation of Special Improvement Districts: The property owners shall sign the Waiver of Right to Protest as stipulated in the Annexation Agreement.
5. All residential property owners within the area to be annexed must create or join an existing park maintenance district: No additional parkland is required for the annexed area at this time.
6. Residential densities planned for development within the area to be annexed must meet an overall average minimum density of primary dwelling units per acre as per the current City of Billings Growth Policy or similar planning documents: This property is concurrently being rezoned to Mid-Century Residential (N2), which allows for single-family and duplex residential construction on compact lots.
7. The proposed land use within the area to be annexed must conform to the goals of the Adopted City of Billings Growth Policy.
   • Strong Neighborhoods:
     • Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
     • Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill and social interaction
     • Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale street lights, street trees and walkable access to public spaces
     • Neighborhoods that are safe and attractive and provide essential services are much desired Implementation of the Infill Policy is important to encourage development of underutilized properties
   • Home Base:
     • A mix of housing types that meet the needs of a diverse population is important.
     • The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development.
     • Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy, and safe.
     • Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings.
     • Public safety and emergency service response are critical to the well-being of Billings' residents.
     • Homes that are safe and sound support a healthy community.

Departmental Response: City and County Departments were given the opportunity to comment on this annexation. City departments responded favorably and detailed responses are provided below. 

• Water and Sanitary Sewer: Public water and sanitary sewer service is available to the property proposed for annexation. The developer will be responsible for the design and construction of a sanitary sewer main and a water main in Rimrock Road along the frontage of the above-described property.
• Stormwater: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The tract will be accessed from Rimrock Road and Mared Street. The public right-of-way along Rimrock Road and Mared Street will be dedicated to the City of Billings. 
• Fire Stations: The Billings Fire Department currently serves the subject property through the Billings Urban Fire Service Area agreement.  The Billings Fire Department will continue to serve the property upon annexation.  As this and additional annexations are built out, additional fire department resources will be needed to meet and maintain our high level of service due to the increased call volume and burden on our department these annexations create The nearest fire station is Fire Station 7, which is located approximately 1.60 miles away.
• Parks: No parkland or trails will be required as part of this annexation.
• School facilities: The School District did not raise any special requests or concerns during their review of this proposal, but noted that all schools servicing this area are at or over capacity.

General City Services: These are the City of Billings (City) services that are provided to all residents and businesses in the City, such as police and fire protection, street and storm drain maintenance, and garbage collection and disposal. The service providers that responded did not object to the annexation of this property, however the Fire Department in its comments above did note its concerns as additional property is annexed into the City.

• Transit: The annexed area is not directly serviced by a MET Route. The nearest route currently operates through the intersection of Rimrock Road and Shiloh Road, which is the nearest accessible point to the property. This intersection is approximately 2.38 miles from the proposed annexation location via roadway. MET does not anticipate that fixed-route would operate in the area until more significant commercial and/or residential growth necessitated transit service in the area. 
• Police: This proposed development is adjacent to established city limits and will not require an adjustment in schedules or staffing at this time. There is sufficient ingress/egress to the area. Continued annexation and development will affect the ability to deliver service without commensurate resources.
• Public Utilities: The Public Works- Distribution and Collection Division had no concerns with the annexation request.
• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no concerns with serving the property.
• Public Works-Solid Waste: The Solid Waste Division had no concerns with annexing the property, but pointed out that State Law allows the property owner to choose what garbage hauler may service the property after it is in the City. 
• Ambulance Service: The City does not provide ambulance service, however it does dictate the level of service provided by American Medical Response (AMR). By City ordinance, 90% of ambulance calls must be answered within eight (8) minutes. Depending on factors at any given time such as traffic and congestion, this property may be within the area of acceptable response time.
• Legal and Finance: General Fund services, such as the Legal and Finance Departments should not be negatively impacted by this annexation.
• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve the property whether it is in the City or the County. 

The Planning Division staff supports the annexation because it is consistent with the Limits of Annexation map and the criteria of the annexation policy has been met. Further, coordination with other departments does not raise concerns that cannot be mitigated. These decisions have a cumulative affect, therefore, City Council is being provided with a recommendation of approval.
 

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing, advertise the hearing, and post the property with information on the annexation petition and public hearing. Notice of the public hearing was posted on the property and was advertised in the Yellowstone County News.

The City Council may

• Approve,
• Conditionally approve or
• Deny the petition for annexation.

Denial of the petition will mean the City Council cannot consider other agenda items related to this property regarding the zone change, development agreement and ward boundary ordinance. On August 30, 2024, the annexation petition was submitted to the Planning Division by the owner's agent.  On October 28, 2024, the City Council is scheduled to take action on the petition. 

This application has no impact on the Planning Division Budget.