Billings School District #2 submitted a petition to annex land that it owns, using provisions contained in Section 7-2-4600, MCA. The subject property is one parcel totaling about 40 acres. The property is located at 5640 Grand Avenue at the southwest corner of the intersection of Grand Avenue and 56th Street West. The property is vacant and has been used for agricultural crop production. The owner is requesting annexation in order to obtain City services and develop the property for the new Ben Steele Middle School and for future school development. The property is currently zoned Agricultural Open Space and Billings School District #2 is also in the process of completing a zone change to Public zoning for the school use. The zone change is expected to reach the City Council at its second meeting in November.

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 October 26, the Council accepted the annexation petition for this property and set a public hearing date for November 9. 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. Staff is recommending one condition 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. Since this property is being developed as a school, the City will not realize property tax revenue but will receive payment for fees and assessments for City services.

The subject property totals about 40 acres. It is located at the southwest corner of the intersection of Grand Avenue and 56th Street West. The property has been used for agricultural production but is the site of a new Billings District #2 Middle School to begin construction this winter. It is currently zoned Agricultural Open Space but a zone change application to change the property to Public zoning is in the process and will come before the City Council at its November 23 meeting. 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 to the west, northwest, south and east of the subject property.

PROCEDURAL HISTORY
 

• On September 30, 2015, the annexation petition was submitted to the Planning Division by the owner's agent.
• On October 5, 2015, a zone change application to change the zoning to Public zoning was submitted to the Planning Division by the owner's agent.
• On October 26, the City Council accepted the petition to annex the property and set a public hearing date for November 9.
• On November 9, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On November 23, 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 December 14, 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 October 23 and published in the Billings Times on October 22. 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 require 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 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 condition of annexation in the Resolution that the property owner enter into a Development Agreement with the City will ensure that the waiver is signed. 
5. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Agricultural Open Space and an application to change the zoning to Public is in the process so the school use will comply with the zoning.

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 56th Street West. The subject property will be responsible for connecting to the water system at the time of development. 

• Sewer:  the property will be served by existing sewer mains in Grand Avenue.The subject property will be responsible for connecting to the sewer system at the time of development. 

• 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 and will be reviewed and approved during the development review process.

• Transportation: The subject property has frontage on Grand Avenue and 56th Street West. Both of these streets are Principal Arterials and expected to carry large volumes of traffic in the area.   Access to the property is proposed to be from Grand Avenue and 56th Street West, with most of the access on 56th Street West. Traffic impacts will be identified during the development review process.  A Traffic Impact Study will likely be required given the trips generated by a school use, and mitigating measures developed at that time. The property may have to dedicate additional road right-of-way, which the property owner has already been informed of through Public Works staff.

• 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 half a mile northeast of the subject property.

• Parks: The subject property is to be developed as a school and will be zoned Public. It is expected that most of the property will remain as school and school-related uses, so while no park land would be dedicated in the future, the open space and fields at the school may be utilized by the community for outdoor recreation.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. The Plan calls for a bike lanes on both Grand Avenue and 56th Street West past the subject property. When Grand Avenue and 56th Street West in this area are improved to City standards, bike lanes will be installed.

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. However, bus service is not currently available near this property, with the closest service east of Shiloh Road, about 3 miles from the subject property.

• Police: The Police Department stated that this property is in an area that is already in the City and is in an expanded patrol area. However, continued development and annexation has affected the Department's ability to deliver services and additional services would be helpful.

• 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.

• 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 9 minutes; this annexation 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. Both departments responded that they do 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 the property whether it is in the City or the County. There were no specific comments from these service providers.

Annexation of this property would adhere to the following goal of the West Billings Plan:
 

• Develop parks in conjunction with schools to achieve joint-use facilities with larger recreational areas (Open Space Goal 2, Page 49). While a park is not being developed in coordination with this school site, trail corridors are being connected to the property and development of open space and recreational facilities on the property will support community recreational opportunities in the area.

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

• Promote excellence in education and safe and healthy school facilities (Economic Development Goal, Page 8).
• Protection of groundwater, surface water, riparian areas, air quality, and productive agricultural lands (Natural Resource Goal, Page 9).
• Coordinated land use and facility planning among local governments, school districts, and private industries (Public Facilities and Service Goal, Page 14).