Staff recommends the City Council hold a public hearing on the annexation. Upon completion of the hearing, staff recommends the City annex the petitioned property. 

Performance Engineering, on behalf of LMO Investment, LLC submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located south of Rimrock Road, to which it is adjacent, and east of 62nd Street West. The land being annexed is described as being Lot 7 of Sunny Cove Fruit Farms situated in the NW 1/4 of the NW 1/4 of Section 31, Township 01 North, Range 25 East, P.M.M., Yellowstone County, Montana, more particularly described as follows: Beginning at the northwest corner of said Section 31; thence 585°05'42"E a distance of 668.50 feet to the northeast corner of the Tule Ridge Subdivision, said point being the Point of Beginning; thence N89° 45'20"E following the southern boundary of the right-of-way for Rimrock Road a distance of 351.25 feet; thence N78°26'44"E following the southern boundary of the right-of-way for Rimrock Road a distance of 50.99 feet; thence N89°45'20"E following the southern boundary of the right-of-way for Rimrock Road a distance of 238.08 feet; thence S00°04'43"W following the western boundary of the right-of-way for 60th Street West a distance of 616.35 feet; thence 589°49'29"W a distance of 639.13 feet following the northern boundary of Lot 26 of Sunny Cove Fruit Farms subdivision; thence N00°03'55"E following the eastern boundary of the Tule Ridge Subdivision a distance of 605.57 feet back to the Point of Beginning, including all adjacent Rights-of-Way. Said annexation contains a net and gross area of 8.95 acres, more or less.

The property is zoned Rural Residential 3 (RR3). This is not a zoning district recognized by the City. This annexation is being done in conjunction with a zone change request from Rural Residential 3 (RR3) to Corridor Mixed Use 1 and 2 (CMU1 & CMU2).

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. The area must be located within Zone 1 or Zone 3 of the Limits of Annexation map. 

• The area lies within Zone 1 of the Limits of Annexation Map, as demonstrated in the attached “Limits of Annexation” exhibit.

2. The City must be able to provide adequate city services at a cost acceptable to the City within a time period mutually agreed to by the property owners requesting annexation and the City.

• The City will provide city services as stipulated in the Subdivision Improvement Agreement of Copper Square Subdivision, which will be heard at a future meeting.

3. Existing or proposed public improvements within the area to be annexed must meet City standards;

• Existing or proposed public improvements within the area to be annexed will meet City standards, as stipulated in the Subdivision Improvement Agreement of Copper Square Subdivision, which will be heard at a future meeting.

4. All property owners within the area to be annexed must sign a Waiver of Right to Protest the creation of Special Improvement Districts;

• A Waiver of Right to Protest the creation of Special Improvement Districts is included in the Subdivision Improvement Agreement of Copper Square Subdivision, which will be heard at a future meeting.

5. All residential property owners within the area to be annexed must create or join an existing park maintenance district.

• This criterion does not apply, as there is no residential property within the annexation area.

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 criterion does not apply, as future development is intended to be commercial in nature.

7. The proposed land use within the area to be annexed must conform to the goals of the Adopted City of Billings Growth Policy.

• Essential Investments:
  • Infill development and development near existing City infrastructure may be the most cost-effective.
  • Neighborhoods that are safe and attractive and provide essential services are much desired.
• Prosperity:
  • Community investments that attract and retain a strong, skilled, and diverse workforce also attract businesses.

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. The County Public Works Department did not respond to this annexation request. 

• 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 Developer Tract will be accessed from Rimrock Road. The public right-of-way along Rimrock Road 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 Station #7, approximately 1.73 road miles or 3 minutes driving time to the subject property.
• Parks: No parkland or trails will be required as part of this annexation.
• School facilities: School District #2 did not respond to requests to review of this proposal. 

General City Services: These are the 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.

• Transit: The annexed area is not directly serviced by a MET Route. A fixed route stop is approximately 2.5 miles east from the proposed annexation at the intersection of Rimrock Road & Shiloh Road. 
• 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. Despite recent passage of a safety levy, continued annexation and development will affect our 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 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 and ward boundary ordinance. On October 1, 2025, the annexation petition was submitted to the Planning Division by the owner's agent.  On November 24, 2025, the City Council is scheduled to take action on the petition. 

This application has no financial impact on the Planning Division Budget.