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 with the staff recommended conditions of approval. 

Note: Although a joint hearing is held on the annexation and zone change, the Council is required to take two separate actions. 

Performance Engineering, on behalf of Donna Maria Barber-Schneider, Diana Lynee Browne, and Karin Ellen Barber, submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located north of Central Avenue, south of Broadwater Avenue, and west of 44th Street West. The land proposed to be annexed through a phased annexation process is described as being Lot 3 and Lot 4 of Barber Farm Subdivision situated in the E 1/2 of the SW 1/4 of Section 03, Township 01 South, Range 25 East, P.M.M., Yellowstone County, Montana, more particularly described as follows:

• 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.
• Mobility and Access (transportation choices in places where goods and services are accessible to all).

• Community investments that attract and retain a strong, skilled, and diverse workforce also attracts businesses.

• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools, and public gathering spaces foster health, goodwill and social interaction.
• Neighborhoods that are safe and attractive and provide essential services are much desired. Implementation of the Infill Policy is important to encourage the development of underutilized properties.

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 Central Avenue along the frontage of the above-described property.
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual.
• Transportation: The Developer Tract will be accessed from Central Avenue & Broadwater Avenue. The public right-of-way along Central Avenue & Broadwater Avenue 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 2.20 road miles or 5 minutes driving time to the subject property.
• Parks: No parkland or trails will be required as part of this annexation.
• School facilities: Meadowlark Elementary School will provide educational services for elementary students, with 644 enrolled students out of a capacity of 460 students. Ben Steele Middle School will provide educational services for middle school students, with 738 enrolled students out of a capacity of 750 students. West End high school will provide education services for high school students, with 2176 enrolled students out of a capacity of 1731 students.

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. The nearest route is .75 miles away at the intersection of Shiloh Road and Central Avenue, which is the nearest accessible point to the property. 
• 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 effect, 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 development agreement and ward boundary ordinance. On October 1st, 2025, the annexation petition was submitted to the Planning Division by the owner's agent. On November 24th, 2025, the City Council is scheduled to take action on the petition. 

Action tonight approves the annexation plan in whole, however, as designed by the PND and Subdivision Improvement Agreement (SIA), the annexation is also phased. Council action approves an all-encompassing annexation and zoning plan. As specifically designed by the PND and SIA, the annexation approval does not annex immediately all involved parcels, but rather identifies two phases for annexation.

Phase 1 consists of a portion of Lot 3 of Barber Farm Subdivision situated in the E 1/2 of the SW 1/4 of Section 03, Township 01 South, Range 25 East, P.M.M., Yellowstone County, Montana, more particularly described as follows:  This annexation and zone change are being done in conjunction with a major subdivision (Central Avenue Subdivision). It is anticipated that Central Avenue Subdivision will be in front of Council for preliminary plat approval in the coming months. Phase 2 conditions of approval are part of the associated Subdivision Improvement Agreement.

It is anticipated the forthcoming subdivision will employ the use of phases. If the subdivision phases do not align with the legal description for phase 1, the resolution will have to be amended by City Council to align the phases. Staff will monitor this through the process.
 

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