Owner Elizabeth Zeiler has submitted a petition to annex land to the City of Billings under Section 7-2-4600, MCA. The subject property is an unplatted parcel of land totaling about 64 acres. It is located at 1228 and 1236 Mullowney Lane and has frontage on both Mullowney Lane and the South Frontage Road. The property has a residence and several out buildings on the property but the majority of it is vacant and has been used for agricultural production in the past. The property owner is requesting annexation in order to obtain City services for future development of the property. No specific development plans have been provided at this time. The property is currently zoned Agricultural Open Space and Highway Commercial. A concurrent zone change application is being processed to change the zoning of the entire property to Highway Commercial. The property is located within the five-year annexation area of the City's Limits of Annexation Map and appears to meet many of the City's criteria in its Annexation Policy. The City Council must first act on the annexation request before considering the zone change application at this meeting.

The City Council may approve or deny a petition submitted by owners of 50% or more of the real property in the area to be annexed (7-2-4601 (3)(b), MCA).

The City can provide municipal sewer and water service to the subject property. The owner will be responsible for all costs of extending the utilities from the South Frontage Road or Mullowney Lane. Staff is recommending a standard condition of approval for this annexation that either a development agreement or a Subdivision Improvement Agreement (if the property is subdivided)between the City and the property owner be executed to clarify how City services will be provided. If the proposed annexation is approved and the zoning is changed, the property is expected to be developed as commercial development and will contribute additional tax revenue to the City.

The subject property totals about 64 acres. It is located at 1228 and 1236 Mullowney Lane and has frontage on both Mullowney Lane and the South Frontage Road. The property owner is requesting annexation in order to obtain City services for development of the property in the future. A concurrent zone change to Highway Commercial is being processed.

The property is located within the five year annexation area of the City's Limits of Annexation Map and appears to meet many of the City's criteria in its Annexation Policy. The City Limits are immediately adjacent to the subject property on the north and east.

PROCEDURAL HISTORY

• On February 4, 2013, the annexation petition was submitted to the Planning Division.
• On March 11, the City Council acknowledged receipt of the annexation petition and set a public hearing for March 25.
• On March 25, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On April 8, if the resolution to annex is approved by the City Council, a public hearing and first reading of an ordinance to include the property in a City Council Ward boundary will be conducted.
• On April 22, the City Council will conduct the second and final reading for the ordinance expanding the ward boundary.

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing. Notice of the public hearing was posted on the property on March 8 and published in the Billings Times on March 7. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

The City Council has expressed concerns regarding how annexing additional properties may affect the City’s ability to provide services to new developments without diminishing the services provided to existing City residents. To address these concerns, the City Council adopted an annexation policy that lists criteria for suitable annexations. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the Limits of Annexation.
2. The City is able to adequately provide municipal water and sewer services. Sewer and water services will require extension of lines by the property owner at the time of development.
3. Any proposed improvements to the property will meet City standards.
4. As part of a Development Agreement or Subdivision Improvement Agreement, the owners will sign a Waiver of Right to Protest the creation of any Special Improvement Districts.
5. If annexed, any proposed land use will comply with the zoning. Future development also may conform to the goals of the City of Billings and Yellowstone County Growth Policy.

Although MCA 7-2-4600 allows the municipality to waive the requirement of an annexation public services plan, it is the City’s custom for staff to prepare an analysis of predicted impacts to services and facilities. State law lists the required contents of a public services plan including a 5-year (minimum) plan that outlines how and when services and infrastructure will be extended to the annexed area and how they will be financed. This report follows that general format.

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 also responded to verify that all of Mullowney Lane will be annexed adjacent to the subject property. 

City Facilities: The following improvements and facilities are necessary to provide adequate services to the subject property.

• Water: Water service is available and will need to be extended from the South Frontage Road or Mullowney Lane to the subject property. A loop through the property connecting the water lines in the South Frontage Road and Mullowney Lane should be planned in the long-term development of the property. The cost to extend service for the property will be at the developer's expense.

• Sewer: The property may be served by the developer extending City sanitary sewer from the South Frontage Road, Mullowney Lane, or Frontier Drive. The main in Frontier Drive is the deepest so the developer will need to determine the ability of sewer mains to serve the entire property when developed. As an alternative, the deep 24-inch trunk main near the entrance to Josephine Crossing could be extended west in Elysian Road to Mullowney Ln., and a smaller sewer could be extended north to the subject property. Titan Subdivision could be pursued by the developer as a partner in the extension north from Elysian Rd. The property owner will explore these options working with the Public Works Department and determine the best solution during the development stage. The developer will be required to fund and construct sanitary extension(s) as defined in city policy.

• Stormwater: There is no storm drain in the South Frontage Road or Mullowney Lane, however this property has the Hogan Slough bordering it on the west side. Storm water impacts will be identified during the subdivision and site development process and mitigating measures developed at that time meeting the requirements of the city and the public works department at the time of development.

• Transportation: The subject property has frontage on the South Frontage Road and Mullowney Lane. Mullowney Lane is a collector and the South Frontage Road is a Minor Arterial Street.  No issues have been identified by City Engineering or Street and Traffic staffs. Any specific traffic impacts will be identified during the site development process and mitigating measures developed at that time.

• Fire Stations: The subject property is currently served by the Billings Fire Department through the Billings Urban Fire Service Area and the Billings Fire Department will continue to serve the property upon annexation. The Billings Fire Chief stated that as this and other annexations are built out, additional fire department resources will be needed. The nearest fire station is Station #5, located at 604 South 24th Street West, about 1.5 miles northwest of the subject property.

• Parks: The subject property will be zoned Highway Commercial if annexed and the zone change is approved. Park land dedication would not occur if this is developed as a commercial use.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. Bike lanes are proposed on both Mullowney Lane and the South Frontage Road in front of the subject property when there are future improvements to these roadways in this area.

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: MET transit system operators have no objections to the annexation request, but the nearest bus route follows King Avenue West and the Laurel Frontage Road, with some weekend service just south of the I-90 corridor to Midland Road between a quarter and a half a mile north of the subject property. 

• Police: The Police Department states that the subject property is in an established patrol area. 

• Public Utilities: The Public Works-- Distribution and Collection Division had no objection with the annexation request as long as the owner agrees to fund the necessary water and sewer connection costs, and agrees to a waiver of protest for future SIDs through a Development Agreement or Subdivision Improvement Agreement as a condition in the Annexation Resolution.

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no problems serving the property.

• Public Works-Solid Waste: The Solid Waste Division notes that it can serve the property when developed, but noted that Senate Bill 234 passed in the 2011 State Legislature dictates that it is up to the property owner as to whether the City or a private carrier collects solid waste from the property.

• 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; this annexation is 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. The Finance Department responded that it did not see any issues with the petition request.

• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve new development whether in the City or the County.

Annexation of this property would adhere to the following goals, objectives and policies of the Yellowstone County and City of Billings 2008 Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6)
• Limit regional commercial centers to areas having efficient and direct access to Interstate 90 or other regional corridor (Planned Growth Goal, page 18)
• Attractive and accessible communities. (Economic Development Element Goal, page 7) The proposed zoning will encourage new businesses to locate in this gateway area.