Eggart Enterprises, LLC and RK Development, LLC submitted a petition to annex land under Section 7-2-4600, MCA. The subject property is two parcels totaling about 3.5 acres. The property is located on the west side of 46th Street West just south of its intersection with Rimrock Road. The property is mostly vacant with some outbuildings located on it. The owners are requesting annexation in order to obtain City services and develop the property for residential uses.The property is currently zoned Residential-9600, allowing single family detached homes.

The property is located within the five-year annexation area of the City's Limits of Annexation Map and appears to meet some 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 June 22, the Council accepted the annexation petition for this property and set a public hearing date for July 13. 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 water and sewer to the subject property. Utilities may be extended from 46th Street West and Loma Vista Drive. Staff is recommending two standard conditions of approval for this annexation; that a Development Agreement be executed with the City to identify infrastructure improvements and timing of those improvements to serve the property; or that a Subdivision Improvement Agreement be recorded if the property is further subdivided to identify infrastructure improvements and timing of those improvements to serve the property.

The subject property totals about 3.5 acres. The property is located on the west side of 46th Street West just south of its intersection with Rimrock Road. The property is mostly vacant with some outbuildings located on it. It is zoned Residential-9600 for single-family development. The property is located within the five year annexation area of the City's Limits of Annexation Map and appears to meet some of the City's criteria in its Annexation Policy. The city limits are currently located on the east and south sides of the property.

PROCEDURAL HISTORY
 

• On April 23, 2015, the annexation petition was submitted to the Planning Division by the owner.
• On June 22, the City Council accepted the petition to annex the property and set a public hearing date for July 13.
• On July 13, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On July 27, 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 IV will be conducted.
• On August 10, the City Council will conduct the second and final reading for the ordinance expanding the Ward IV 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 June 26 and published in the Billings Times on June 25. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

MCA 7-2-4600, Annexation by Petition, does not require a public services plan for each annexation.  However, other State annexation laws require plans.  Therefore, it is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities based on the City's Annexation Policy and all of its applicable service and land use master plans.  That analysis is 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 to the property.
3. Any proposed public improvements within the area to be annexed will meet City standards.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest future Special Improvement Districts. The proposed conditions of annexation included in the Resolution specifies that the property owner must either enter into a Development Agreement with the City or record a Subdivision Improvement Agreement through the subdivision process
5. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Residential-9600 and is expected to remain zoned this way for development.

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. 

City Facilities:
Specific comments from City Departments are provided below:

• Water: This property is intended to be served by an existing water line in 46th Street West. The property owner will be responsible for the cost of the connection and any associated fees.

• Sewer: Access to sewer service for the property is to be completed by extending the sewer line in Loma Vista Drive across 46th Street West and then north to the approximate north line of the subject property. The property owner will be responsible for the cost of extending and connecting the line and any associated fees.

• Storm Water: All of the runoff from this property will need to be contained on site 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 46th Street West on the east and Leroy Lane on the south. Forty-Sixth Street West is a paved surface roadway that has not yet had the full infrastructure of curb, gutter, and sidewalk installed. Leroy Lane is a 60-foot right-of-way in the City but it has not been constructed at this time. It is expected that the subject property will have its primary ingress and egress from 46th Street West.

• 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 #7, located at 1501 54th Street West, about 2 road miles southwest of the subject property.

• Parks: The subject property is expected to develop as single-family residential uses and may be subject to park land requirements in the future through the subdivision process. If park land dedication is required in the future, it is expected that the property would contribute cash-in-lieu of park land since Rimrock West Park is located nearby at the south end of 46th Street West.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. There are no plans for bike facilities on 46th Street West. However, a trail corridor is being developed along the High Ditch corridor just south of the subject property and there is also a trail corridor in Rimrock West Park that connects to various trails to the east.

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, however the Police and Fire (See Fire comment above and Police below) departments did express concerns with providing additional services in newly annexed areas without additional resources.

• Transit: MET transit system operators have no objections to the annexation request. Bus service is not currently available near this property, with the closest service about a mile to the east at the intersection of Shiloh Road and Rimrock Road at St John's retirement and independent living campus.

• Police: The Police Department stated that this property is within an established patrol area. Staff also stated that continued development has adversely affected the Departments ability to respond to calls for service across the City.

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

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no problems serving the property. However, annexation of the property will require a development agreement (see proposed conditions of annexation included in the Resolution attached) with the City outlining required improvements.  Improvements that will be required include the widening of 46^th Street West, curb, gutter and sidewalk.  The City does not expect to have Leroy Lane constructed at this time but future construction of the road will be covered in the Waiver of Right to Protest Future Special Improvement Districts that will be signed by the property owner.

• 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; 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. Both departments responded that they do not see any issues with the petition request. 

• Other Departments: City/County services including Library, Planning, Schools, 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.

Planning staff stated that this annexation is in an area that has existing development in the City and property that is developing in the City and it makes sense to bring this property into the City.

School District #2 provided information on the current school capacities for the schools that would serve this property. District #2 reported that Arrowhead Elementary currently has 3 spaces for additional students before it reaches its maximum enrollment; Will James Middle School has 52 spaces for additional students before it reaches its maximum enrollment, and West High School is  currently 242 students above its maximum student enrollment. The District is in the process of moving 6th grades out of the elementary schools to the middle schools and is constructing a middle school in West Billings that may help alleviate some of the capacity challenges in the elementary and middle schools in this area.

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

• Establish development patterns that use land more efficiently (Planned Growth Goal, Pg. 16). Bringing this property into the City in an area that has City services available and where the property is not large enough for continued agricultural production encourages efficient use of the and for higher density residential development served by City services and infrastructure.
• Develop municipal water and waste water facilities and other public services to support urban growth in West Billings (Planned Growth Goal, Pg. 25). City services, including water, sewer, and transportation corridors are already in place in this area and support development of this property at urban densities.
• Create developments in West Billings that are compatible with their surroundings and provide a safe and desirable environment for residents, shoppers, workers, and visitors (Community Character Goal, Pg. 38). The development of this property under Residential-9600 zoning will fit in well with the existing residential development in the City to the east, is easily accessible, and will utilize all City services to promote health and safety of residents and visitors.

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 preferred land use patterns identified in neighborhood plans (Land Use Element Goal, Pg. 6). Annexation of this property and development for residential uses fits in well with the surrounding neighborhood.
• Protection of groundwater, surface water, riparian areas, air quality, and productive agricultural lands (Natural Resource Goal, Page 9). Annexation of this property will mean the development is connected to municipal services and is no longer dependent on septic and well systems that affect the soil, groundwater, and surface water.