Staff recommends the City Council hold a public hearing and annex the petitioned property, Tract 2-A-1 of Certificate of Survey 1121.

Chuck Hogan and Rick Dorn, on behalf of Hogan Properties (contract buyer) submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The subject property is Certificate of Survey 1121, Tract 2-A-1, totaling approximately 4.350 gross acres. The property is zoned Controlled Industrial (CI) and has a metal pole building on site. The parcel is located south of the South Frontage Road and north of the Grey Eagle Ditch. The owners are requesting annexation to further develop the property. There is a minor preliminary plat which accompanies the petition of Annexation. The annexation must be considered, prior to the City Council acting on the preliminary plat application.

The property is located within the annexation petition 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.

Although MCA, Section 7-2-4600 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 City's Annexation Petition Area on its Limits of Annexation Map.
2. The City is able to provide adequate city services within a time period mutually agreed to by the property owners requesting annexation and the City.
3. Existing or 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. 
5. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Controlled Industrial. 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 respond to this annexation request. 

• Water: City of Billings Water is located in the South Frontage Road.

• Sewer: The property will be served by an existing sanitary sewer line that is located in the South Frontage Road.

• 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. A storm main is available to the south.

• Transportation: The subject property fronts the South Frontage Road. The developer will be required to identify and mitigate all traffic impacts at the time of development review.

• 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 nearest fire station is Station #4, located about 3.8 road miles west of the subject property and there is an estimated response time of 7 minutes.

• Parks: The subject property is currently zoned Controlled Industrial (CI). Subdivision Regulations do not require dedication or development of parkland for commercial subdivisions.

• School facilities: The subject property will have no impact on schools as the property is controlled industrial and is not able to be used for residential uses.

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 currently operates a bus route along King Avenue E, north of I-90. Due to the presence of a fixed-route corridor the property may be eligible for MET-PLUS services.

• Police: The Police Department staff stated continued development and annexation without commensurate resources has affected the 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 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 property 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.

• 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 Red Area of Annexation, has access to City services, and is in an area where urban development in the City is expected in the future.

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 4 and published in the Yellowstone County News on November 6th and November 13th, 2020. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

The annexation request has no impacts on the Planning Division budget.

Having reviewed the petition for annexation, annexation policy and annexation map, staff recommends approval.