Staff recommends the City Council hold a public hearing and annex the petitioned property.

Quarnburg Farming Corporation and McCall Development submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located both north and south of Elysian Road and East of East Lane. The property is described as Lot 1, of QFC Subdivision, First Filing, recorded May 15, 2019, under Document No. 3882956, on file and of record in the Records of Yellowstone County; and Lot 2A, Block 1, of the Amended Plat of Lot 2, Block 1, Adam And Mollie Walter Subdivision, First Filing, Recorded April 18, 2019 under Document No. 3880645, on file and of record in the Records of Yellowstone County. Including all adjacent rights-of-way of Elysian Road, East Lane, Bike Path Right-Of-Way as shown on said QFC Subdivision. The property contains 37.381 gross and 34.917 net acres. The property is zoned Neighborhood Commercial (QFC Lot 1) and Planned Development (remaining land) and will be used for new new development. Project Re:Code will not impact the existing PD but Lot 1, QFC subdivision is proposed to become Neighborhood Mixed Use (NMU).

Although MCA 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 Planned Development. 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: This property is intended to be served by a trunk water line currently in Elysian Road. The subject property will be responsible for connecting and extending service lines at the time of development. 

• Sewer: The property will be served by an existing sanitary sewer line that is located in Elysian Road. The subject property will be responsible for connecting and extending service lines at the time of development via private contract. 

• 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.

• Transportation: The subject property fronts Elysian Road and will have access from Elysian Road.

• 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 Department 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, about 2.5 road miles north of the subject property.

• Parks: The subject property is to be developed with residential and commercial uses. In accordance with Subdivision Regulations, once the property is subdivided either parkland will be dedicated or the developer will make a cash-in-lieu contribution. If public parkland is donated a maintenance SID will be required.

• School facilities: The subject property would be served by Elysian School and Billings School District #2.

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 Fire Department in its comments above did note its concerns as additional property is annexed into the City.

• Transit: MET transit system currently operates Route 13 which travels down Mullowney Lane to Elysian Road which is approximately ½ mile away. MET has no plans to adjust the route at this time. MET would like input during the subdivision review process to discuss options for safe pick up regarding future transit access.

• Police: The Police Department staff stated that while additional patrol staff have been approved, continued annexation without additional resources may affect response times and 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, is part of a master planned area and has access to City services, and is in an area close to the Yellowstone River where development on municipal services reduces the impact to groundwater or surface water.

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 20 and published in the Yellowstone County News on November 20 and November 27. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

The City Council may approve or deny the petition for annexation. Denial of the petition will mean the City Council cannot consider amendments to the Ward III boundary.

• On October 13, 2020, the annexation petition was submitted to the Planning Division by the owner's agent.
• On December 14, 2020 the City Council will conduct the public hearing for the annexation and may take action on the request.
• On December 14, 2020, 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 III will be conducted.
• On January 11, 2021, the City Council will conduct the second and final reading for the ordinance expanding the Ward III boundary.

The item has no impact on the Planning Division budget.