Owners Lary and Judy Garrison submitted a petition to annex land to the City of Billings under Section 7-2-4600, MCA. The subject property is a parcel totaling about 2.5 acres. The property is located at 659 Lincoln Lane in the Billings Heights. The property is developed with the Lincoln Lane Assisted Living business. The property owner is requesting annexation in order to obtain City services. The property is currently zoned Residential Professional on approximately the western quarter of the property and the remaining three quarters is zoned Residential-6000.

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 is able to serve the property and further analysis and discussion is provided in the Consistency with Adopted Plans and Policies section of this memo. The City Council considers this annexation at two separate Council meetings. At the first meeting on October 27, the Council passed a resolution of intent to annex this  property and set a public hearing date for November 10. At this meeting, the Council will conduct the hearing and decide if it will annex the property.

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 only alternative that is consistent with City Council policy and state law is to conduct a public hearing and review the request before taking action.   

The City is able to provide municipal sewer to the subject property. The owner will be responsible for all costs of extending the utilities from Lincoln Lane or the adjacent alley. The property is served by the County Water District of Billings Heights and would work with the District for existing and added water service to the property. Staff is recommending a condition of approval for this annexation that a Development Agreement between the City and the property owner be executed if the property is annexed to clarify how City services will be provided and what right-of-way dedication or other public improvements may be required in the short term. There is existing development on the property and the owners wish to access City services for the property now and continue to operate the business with no additional development plans at this time.

The subject property totals about 2.5 acres. It is located on the east side of Lincoln Lane just south of Joyce Street. The property is already partially developed with an assisted living facility located on it. It is zoned Residential 6000 on the east two thirds of the property and Residential Professional on the west third. The zoning will remain the same after annexation. 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 adjacent to the subject property on the north, south and west boundaries.

PROCEDURAL HISTORY

• On September 17, 2014, the annexation petition was submitted to the Planning Division by the owner.
• On October 27, 2014 the City Council passed a resolution of intent to annex the property and set a public hearing date for November 10.
• On November 10, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On November 24, 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 City Council Ward I will be conducted.
• On December 8, the City Council will conduct the second and final reading for the ordinance expanding the Ward I boundary.

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing and post the property with information on the annexation petition and public hearing. Notice of the public hearing was posted on the property on October 24 and published in the Billings Times on October 23. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although MCA 7-2-4400-4407 does not specify the need to prepare a public services plan, it is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities. 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 to the property. Water is provided in this area by The County Water District of Billings Heights.
3. Any existing or proposed public improvements within the area to be annexed must meet City standards.
4. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Residential-6000 and Residential Professional. There are no current plans to change the zoning and it will remain zoned as it if annexed into the City.

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 responded to this annexation request. 

City Facilities:
Specific comments from City Departments are provided below. However, since the subject property is partially developed, requirements for public improvements and right-of-way dedication must be addressed with annexation of the subject property. To ensure public improvements in the area to be annexed will meet or be brought to City standards, and adequate right-of-way is established along Lincoln Lane, a Development Agreement will be executed between the property owner and the City as a condition of annexation.

• Water: This property is served by the County Water District of Billings Heights, and any extension or additional services will be approved through the District.

• Sewer: Access to sewer service for the property is available in Lincoln Lane along the west edge of the property and in the alley along the north side of the property. Any extension of services for the property will be at the owners expense.

• Stormwater: All of the runoff from this property will need to be contained onsite and meet the City of Billings requirements for storm water management. Any future development will be constructed in compliance with City of Billings storm water regulations.

• Transportation: The subject property has frontage on Lincoln Lane. Access to the property is from Lincoln Lane on the west side of the property.

• 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 Residential-6000 and Neighborhood Commercial. It currently has an assisted living business on the property and much of the property is vacant. If future subdivision of the property occurred, it is possible that park land dedication might be required. As currently developed, the property will have little impact on parks within the area.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan.  However, there are plans for bicycle facilities along Lincoln Lane at this time. When the roadway is improved to City standards in this whole area, sidewalks will be provided for pedestrian access and safety.

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. Bus service is available on Main Street in this area but it is not easily accessible to this location. Para Transit is provided in this area.

• Police: The Police Department states that this property is already located in an established patrol area.

• Public Utilities: The Public Works-- Distribution and Collection Division had no objection with the annexation request.

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no problems serving the property. However, the property will be expected to dedicate right-of-way on Lincoln Lane similar to other properties on Lincoln Lane as a condition of annexation (See reference to the condition of a Development Agreement at the top of the City Facilities section of this memo).

• Public Works-Solid Waste: The Solid Waste Division had no concerns with annexing 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. Legal staff also did not have any issues with the annexation proposal.

• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve property whether in the City or the County. Planning staff stated that this annexation petition was in line with the City's Annexation Policy and makes sense in this area of the Heights were the City Limits are adjacent to property on multiple sides.

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

• Annex County property that is wholly surrounded by City Services to provide City services to residence (Land Use Goal, Page 20).
• Provide housing and commercial development compatible with existing development (Housing Goal, Page 23).

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

• Business development and rejuvenation in the Heights (Economic Development Element Goal, Page 8).
• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans (Land Use Element Goal, Page 6).