Staff recommends that the City Council approve the development agreement with Aviation Properties.

At the February 22, 2021 meeting, City Council voted to delay action on the development agreement until the March 22, 2021 council meeting.  Also, at the March 22, 2021 meeting, City Council will consider annexation of Certificate of Survey 2037, Tract 14A.  Certificate of Survey 2037, Tract 14A is being created with a lot line adjustment being done in the county prior to annexation.  Attached is a copy of that plat.  The property proposed to be annexed is located north of Highway 3 and west of the airport.  Aviation Properties desires to develop the property as a commercial development.  Typically, as a condition of approval of the annexation, the property owner is to enter into a development agreement with the City of Billings outlining necessary public improvements. The property owner has submitted the attached Development Agreement and the Council will consider whether to approve the agreement. 

City Council may:

• If the annexation is approved, then approve the development agreement with the property owner; or
• Disapprove the development agreement.  If the agreement is not approved, the responsibility for infrastructure improvements would be in accordance with policies in place at the time of development.  

The development agreement requires improvements that meet current subdivision regulations. In addition, the development agreement defines lots in the development that may be required to participate in future Special Improvement Districts. There are no fiscal effects of this development agreement unless subdivision regulations change in the future.