Owner Ryan and Jodi Rookhuizen Family Trust has submitted a petition to annex land to the City of Billings under Section 7-2-4600, MCA. The subject property is composed of one parcel totaling about 1.6 acres. The property is described as Parcel 1, C/S 1706. It is located on the southeast corner of the intersection of Bench Boulevard and Yellowstone River Road. The property is mostly vacant but has one residence located on it. The property owner is requesting annexation in order to obtain City services for future development of the property in the City. No development plans were provided with the annexation request. The property is zoned Neighborhood Commercial and if it is brought into the City, it would retain this commercial zoning designation. 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 annexation policy criteria.

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 to the subject property. Water will be provided by the Heights Water District. The owner will be responsible for all costs of extending the utilities . 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.

The subject property totals about 2 acres. It is located at the southeast corner of the intersection of Bench Boulevard and Yellowstone River Road. The property owner is requesting annexation in order to obtain City services for future property development. Th 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, west and south.

PROCEDURAL HISTORY

• On February 25, 2013, the annexation petition was submitted to the Planning Division.
• On April 8, the City Council acknowledged receipt of the annexation petition and set a public hearing for April 22.
• On April 22, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On May 13, 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 May 28, 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 April 5 and published in the Billings Times on April 4. 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 sewer services. Water service will be provided by the Billings Heights Water District. 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 and staff stated they had no concerns with the annexation.

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

• Water: Water service for this property is provided by the Heights Water District. The cost to extend service for the property will be at the developer's expense.

• Sewer: Sanitary sewer is being stubbed into this property as part of the reconstruction of Bench Boulevard. The property owner or developer will be required to pay for any connection or service fees to connect to the sanitary sewer system.

• Stormwater: Storm sewer will be available to this property as part of the reconstruction of Bench Boulevard. Storm water impacts will be identified during the 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 Bench Boulevard and Yellowstone River Road. Bench Boulevard and Yellowstone River Road are both Principal Arterial Streets.  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 #6, located at 1601 St. Andrews, about 2 miles northwest of the subject property.

• Parks: The subject property is zoned Neighborhood Commercial and will retain this zoning if annexed. 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 Bench Boulevard and Yellowstone River Road in front of the subject property when there are future improvements to these roadways in this area. It is expected that the reconstruction of Bench Boulevard will include sidewalks and either bike lanes or a trail on one side of the corridor when it is completed.

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. MET staff stated that there are three bus routes within two blocks of the subject property, including a route that follows Yellowstone River Road as it comes west from Hilltop Road across Bench Boulevard, crossing right in front of this 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 has no objection with the annexation request as long as the owner agrees to fund the necessary 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 emergency 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)
• More housing and business choices within each neighborhood (Land Use Element Goal, Page 6)
• Business development and rejuvenation in the Heights (Economic Development Element Goal, Page 8

Annexation of this property would adhere to the following goals, objectives and policies of the Heights Neighborhood Plan:

• Encourage the annexation of county parcels into the City of Billings (Land Use Objective, Page 20).
• Attract small and medium businesses to the Heights. To promote “life to work”concept where people work close to or within walking distance of their homes (Economic Development Goal, Page 32).