Harmony Meadows, LLC and James Weber submitted a petition to annex land they own using the provisions of Section 7-2-4600, MCA. The subject property is Lot 1 and Lot 2, Block 1, Harmony Meadows Subdivision, 1st Filing totaling about 90 acres. The property is located at the southwest corner of the intersection of Elysian Road and Mullowney Lane, south of the King Avenue exit from Interstate 90. The property has been used primarily for agricultural operations and the owners are requesting annexation in order to begin developing the property in the City with commercial and residential uses. The property is currently zoned Highway Commercial, Community Commercial, and Residential Multi-Family Restricted.

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 November 23, the Council accepted the annexation petition for this property and set a public hearing date for December 14. 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 two 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; and/or that a Subdivision Improvement Agreement be signed and recorded between the property owner and the City to identify infrastructure improvements and timing of those improvements to serve the property thorough a subdivision platting process. Since this property is being developed for residential and commercial uses, the City will realize property tax revenue and also will receive payment for fees and assessments for City services.

The subject property totals about 90 acres. It is located at the southwest corner of the intersection Mullowney Lane and Elysian Road. The property has been used for agricultural production for many years. However, it did undergo a zone change and preliminary platting process in the County with the intention of the property being annexed and developed in the City. The original development plan was never carried forward to final plat and a new owner is now re-platting and also has received a zone change for a portion of the property so that it is now zoned Community Commercial, Highway Commercial and Residential Multi-Family Restricted. 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 at the northeast tip of the property at the intersection of Mullowney Lane and Elysian Road.

PROCEDURAL HISTORY

• On October 13, 2015, the annexation petition was submitted to the Planning Division by the owner's agent
• On November 23, the City Council accepted the petition to annex the property and set a public hearing date for December 14.
• On December 14, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On December 28 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 III will be conducted.
• On January 11, the City Council will conduct the second and final reading for the ordinance expanding the Ward III 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 November 25 and published in the Billings Times on November 26. 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 conditions of annexation in the Resolution that the property owner enter into a Development Agreement or Subdivision Improvement 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 Highway Commercial, Community Commercial and Residential-Multi Family.

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 a new water line in Elysian Road that was installed by the City in 2015. The subject property will be responsible for connecting and extending service lines at the time of development. 

• Sewer: The property will be served by  new sewer mains installed in Elysian Road by the City in 2015.The subject property will be responsible for connecting and extending service lines at the time of development. 

• Stormwater: All of the stormwater runoff from this property will need to meet the City of Billings requirements for storm water management. Any future development will follow the City of Billings storm water regulations. At the time of preliminary subdivision or development plan submittal, the developer will provide preliminary drainage plans, a geotechnical/hydrological report, and detail the specific of the sites' stormwater system.

• Transportation: The subject property has frontage on Elysian Road and Mullowney Lane. Both of these streets are classified as Collectors, meaning that they provide a balance between through traffic movement and property access. All of the right of way adjacent to the subject property is proposed to be annexed with the property. However, portions of Elysian Road and Mullowney Lane are Petitioned County Road Easements. This means that adjacent property has a road easement over a portion of the property. The City is obligated by State Law to annex all adjacent road right of way to a property petitioning for annexation. This means that these road easements are proposed to be annexed with the subject property. Staff has contacted the property owners and provided the options available to them in this process. Property owners may either Quit Claim Deed the road easements to the City so that the City takes over ownership of the road right-of-way in those areas or maintain the road easements as they are and the City will annex the portion of the property where the easement is located while the remaining property stays in the County. At the time this memo was prepared, one of three property owners had provided a signed Quit Claim Deed to the City for the road easement. Staff has provided in its recommendation on this annexation that this Quit Claim Deed be accepted by the City if the annexation is approved.

The bulk of the access to the property is proposed to be from Elysian Road, with some potential access from Mullowney Lane. Impacts to the transportation system will be identified during the development review process and turn lanes or other traffic control devices or designs may be required for the development.  A Traffic Impact Study will likely be required given the trips generated by a development with a mix of commercial and residential uses.

• 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 two miles northeast of the subject property.

• Parks: The subject property is to be developed with residential and commercial uses. It is expected that when the portion of the property zoned residential is developed, park land will be dedicated. There is some park land in the vicinity of the subject property along the Yellowstone River corridor and in some existing City subdivisions, so it is likely that this property also may provide park land adjacent to the River or internally to the subdivision for the use of residents.

• 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 Elysian Road and Mullowney Lane in front of the subject property. When Elysian Road and Mullowney Lane in this area are improved to City standards, sidewalks and bike lanes will be installed as per the City's Complete Streets Policy and street design standards. Further, the 2014 Zoo Montana to Riverfront Park Trail Feasibility Study also identified trail corridors along Elysian Road and along the River on the southern side of the subject property. Both trail corridors along the River and along Elysian Road and Mullowney Lane in this area were evaluated as being very good locations for trails to help in connecting Riverfront Park and the Zoo and providing a safe and enjoyable experience for users.

• School facilities: The subject property would be served by the Elysian School District and Billings School District #2. Elysian School responded that it has capacity for elementary and middle school students given its recent expansion. Billings School District #2 did not respond, but the District is currently undergoing a high school redistricting process that may effect whether high school students from the area go to Senior or West high schools.

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 being about one-half mile north,  at the intersection of Mullowney Lane and the I-90 Frontage Road.

• Police: The Police Department staff stated that this property is near an area that is already in the City and may be included into a patrol area. Staff also stated that anticipated increases in staffing will help to alleviate coverage challenges as it is phased in over the next 6-8 months.

• 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. The Planning Division staff was in support of annexation of the property as it is in the Red Area of Annexation and has access to City services, but stressed that the property should develop to the maximum densities allowed by zoning to provide for the most efficient return on City service investment to the property.

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

• More housing and business choices within each neighborhood (Land Use Goal, Page 6). The subject property is zoned Highway Commercial, Community Commercial, and Residential Multi-Family Restricted. This zoning, if developed to its full capacity and density will provide more housing and business choices in this area of the Community.
• Protection of groundwater, surface water, riparian areas, air quality, and productive agricultural lands (Natural Resource Goal, Page 9). While this property has been utilized for agricultural uses for many years, development of it within the City will ensure that groundwater, surface water, and riparian areas are protected by the use of municipal water and sewer systems. 
• Protect and increase the availability of public access to natural areas and trails along the Yellowstone River (Open Space and Recreation Goal, Page 10). The subject property is proposed to be subdivided and to preserve park land along the southern portion of the property adjacent to the Yellowstone River, preserving excellent access to the River corridor in this area.