Sanderson Stewart submitted a petition to annex land on behalf of owners Gary Oakland and Marvin Hessler using the provisions of Section 7-2-4600, MCA. The subject property is a 119 acre parcel described as a portion of Tract A, Certificate of Survey 1651; Tract 1, Certificate of Survey 1871; a portion of Tract 1, Certificate of Survey 2465; Tract 2A, Certificate of Survey 2465; and a portion of the north 30 feet of the NW1/4, NW1/4 of Section 36, T1N, R24E adjacent to Tract 1, Certificate of Survey 2465. The property is located at the northwest corner of the intersection of Rimrock Road and 70th Street West and bordering the south side of the Burlington Northern and Santa Fe Railroad corridor. The property is vacant and has been used for dry land agriculture operations. The owners are requesting annexation in order to develop the property in the City for residential purposes similar to the adjacent Copper Ridge Subdivision. The owner has submitted a zone change application which is going through the process and will be heard by the City Council at the same meeting when it considers this annexation request. The property owner also has submitted a preliminary major plat application for review that is expected to come to the City Council in October.

The property is located within the City Annexation Petition Area on 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 August 14, the Council accepted the annexation petition for this property and set a public hearing date for August 28. 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 via existing mains along Rimrock Road just east of the subject property and in the current terminus of Copper Bluffs Circle at the mid point of the adjacent Copper Ridge Subdivision, 7th Filing, just east of the subject property. Staff is recommending the 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, and dedication of road right-of-way will be required before development; and/or that a Subdivision Improvement Agreement (SIA) through a subdivision platting process be signed and recorded between the property owner and the City to identify infrastructure improvements and timing of those improvements to serve the property, and dedication of road right-of-way be defined. Since this property is under preliminary plat review for a residential subdivision, it is expected to be developed for residential development and an SIA is expected to be executed with the City. The City will receive property tax revenue and payment for fees and assessments for City services after the property is developed. The single and two-family housing proposed and the density is expected to help cover the costs of delivering City services to the area.

The subject property totals about 119 acres. It is located at the northwest corner of the intersection of Rimrock Road and 70th Street West. There is property inside the City Limits along the eastern boundary of the property. The property is vacant at this time and has been used for dryland agriculture. The property appears to meet some of the City's criteria in its Annexation Policy.

PROCEDURAL HISTORY

• On July 3, 2017, the annexation petition was submitted to the Planning Division by the owner's agent. 
• On August 14, the City Council accepted the petition to annex the property and set a public hearing date for August 28.
• On August 28, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On September 11, if the City Council approves the annexation resolution, a public hearing and first reading of an ordinance to include the property in City Council Ward IV will be conducted.
• On September 25, 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 August 11 and published in the Yellowstone County News on August 11. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although Montana Code does not require the City to prepare a provision of public services plan for Annexation by Petition (Section 7-2-4600, MCA), it is the City’s custom to have staff prepare an analysis of predicted impacts to services and facilities, and information on how services will be provided to the property after annexation. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the City's Annexation Petition Area on its Limits of Annexation Map.
2. The City is able to 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 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 unzoned and an application to zone the property Residential 7000 and Residential-5000 is going to be considered by the City Council after it considers the annexation petition. Any development of the property would comply with the zoning regulations.

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 have comments on 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 main located in Rimrock Road at the east boundary line of the subject property as well as through water lines in Copper Bluffs Circle that abuts the property in the middle of the east property line. The subject property will be responsible for extending a service main in coordination with City Public Works and connecting to the main at the time of development.

• Sewer: The property will be served by an existing sanitary sewer main located in Rimrock Road at the east boundary line of the subject property as well as through water lines in Copper Bluffs Circle that abuts the property in the middle of the east property line. The subject property will be responsible for extending the sewer main in coordination with City Public Works and connecting to the main at the time of development.

• Storm water: All of the storm water 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. The developer has agreed to work with the City to provide a flood detention easement on Little Cove Creek west of the railroad tracks (See condition of annexation in the attached Annexation Resolution).  The City also will require development on the property to discharge and financially contribute to a future storm water pond at 62^nd/Rimrock. These items would be addressed in either the Subdivision Improvement Agreement for the development or in a development agreement for any development on the property.

• Transportation: The subject property will be served by Rimrock Road that runs along the southern boundary of the property and 70th Street West that runs south to Grand Avenue at the southeast corner of the subject property and will be extended into the property as part of the development plans. There also will be Petitioned County Road easement for Rimrock Road annexed into the City as part of this annexation as per State Law and to facilitate the future development of Rimrock Road in this area. The specific development plans for the property also will be a factor in the future transportation infrastructure for the property and will be reviewed by the City of Billings.

• Fire Stations: The subject property will be served by the City of Billings Fire Department. 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 2.8 road miles southeast of the subject property.

• Parks: The subject property is planned for residential uses, so park land dedication or a cash-in-lieu contribution is expected to be required with the development. The developers of the property are already discussing park land provisions with the City as the preliminary plat review for a subdivision on a portion of the property is beginning the review process.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the 2017 Billings Area Bikeway and Trail Master Plan Update. The Plan identifies a Shared Use Path along the north side of the Rimrock Road alignment and future Bike Lanes on Rimrock Road as it is built out. The developer of the subject property may be required to construct and/or contribute to improvements to Rimrock Road in the future through the subdivision process or an SID.

• School facilities: The subject property would be served by Billings School District #2. Since it is expected to be developed for residential purposes, it will have a significant impact on the schools that serve it. District #2 is finishing the new Ben Steele Middle School at Grand Avenue and 56th Street West to open this fall, and 6th grades will be moved from the elementary schools to the middle schools to address overcrowding at elementary schools. It is expected with these changes that school capacity will be improved in this area.

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. However, MET Transit does not currently have plans to extend service west of the intersection of Shiloh and Rimrock Road (3.6 miles east of the subject property) to this area to serve this and other properties.

• Police: The Police Department staff stated that while the Department can serve the area as it near an established patrol area that includes the existing Copper Ridge Subdivision, continued annexation and development will eventually adversely impact the Department's ability to deliver services.

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

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no concerns with serving the property.

• Public Works-Solid Waste: The Solid Waste Division has no concerns with annexing the property, but pointed out that State Law allows the property owner to choose which 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 property may be within the area of acceptable response time.

• Legal: General Fund services, such as the Legal Department should not be negatively impacted by this annexation and did not provide any comments with the 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 supports the annexation because the property is in the City Annexation Petition Area and has access to City services. The Division did concur with the Public Works Department that development of this property should be in conjunction with securing a flood detention easement on the adjacent property west of the railroad corridor at the southwest corner of the subject property to address findings of the 2011 West Billings Flood Mitigation and Groundwater Recharge Study. This study specifically identified that designing a flood water detention facility along the Little Cove Creek drainage west of where it crosses the southwestern edge of the property to be annexed would limit flooding of property in this area of the County and City and reduce peak flows downstream on Little Cove Creek during and after a flood event. The City has been in discussions with the developers and property owners to work on securing the flood detention easement to ensure flood mitigation along Little Cove Creek in the area of the subject property and neighboring properties is addressed in this area. A condition of annexation reflects the need to enter a memorandum of understanding with the developer to work toward securing this flood detention easement upon annexation of the property and as development plans are determined through the subdivision process.

 While this property is at the edge of the City, Annexation of this property would generally follow some guidelines of the 2016 City of Billings Growth Policy and development of the property for residential uses would also meet some elements of the Growth Policy Guidelines. The plans for a mix of single family and two-family dwellings at densities between 4 and 7 units per acre will help to address the cost effectiveness of providing City services in the area as per the Essential Investments Growth Guideline. Providing open space and pedestrian connections within the property when it is developed and to the adjacent developed neighborhood to the east meets elements of the Community Fabric and Strong Neighborhood Growth Guidelines.