Staff recommends the City Council hold a public hearing and annex the petitioned property with the staff recommended conditions of approval. 


Note: This Annexation is for property to be included in the South Billings Boulevard Urban Renewal District (SBBURD). Property must be annexed into the City before it may be included in the SBBURD. The City Council must act on this annexation as one of the steps at the meeting tonight so it can then take action to expand the SBBURD to include this and other properties.

Jason D. Adkins submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located on Jackson Street. The property is described Tract B-2, of Amended Tract B of Certificate of Survey No. 2367 M, recorded September 27, 2012, under Document No. 3640039, on file and of record in the Records of Yellowstone County. Including all adjacent rights-of-way of Jackson Street and King Avenue East. The property contains 3.574 gross and 3.522 net acres more or less and is zoned Rural Residential 1. This is a county zone that is not available in the City Limits, therefore, this property is part of Zone Change 993 which will be considered concurrently by City Council. The proposed zoning is NX1 – Mixed Residential 1 (south of 735 Jackson St) and N2 – Mid-Century Neighborhood (east and north of 735 Jackson St). Both zone districts allow for single family dwellings. N2 allows for 2 family attached dwellings while NX1 allows for up to 4 attached units. The property is currently vacant.

South Billings Urban Renewal Association Coordinator Jim Tevlin working with City staff in the past 10 months has been in contact with property owners and agents interested in having property included in the South Billings Boulevard Urban Renewal District (SBBURD). This petition for annexation is being considered concurrently with a zone change application (993) and expansion of the District and amendments to the urban renewal plan. This property must be annexed and zoned to be brought into the SBBURD so this action of annexation is a critical ste in the processes that the Council will work through tonight.

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. Staff finds 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. 

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 and Sanitary Sewer: The city’s public water and sanitary sewer mains do not front this property. Extension of the public mains will be required for this property to be served with water and sanitary sewer service. Service availability is subject to compliance with the Rules and Regulations Governing Water and Wastewater Service and the policies and ordinances of the Public Works Department and the City of Billings. A Development Agreement is required as part of this annexation and Council will consider the proposed agreement following action on this petition.

• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. There is a storm drain located in Jackson Street adjacent to this property. 

• Transportation: The subject property fronts Jackson Street and King Avenue East. A traffic study is not required as part of the annexation process. If the property is annexed a rezoned a plan for development would be submitted and reviewed. If the development warrants a traffic study one will be submitted, reviewed and approved prior to the issuance of a building permit.

• 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 Fire Station #2, located on S 29th Street, about 2.2 road miles or 5 minutes driving time to the subject property.

• Parks: If the property is developed by subdivision, cash-in-lieu or parkland dedication will be required in accordance with Montana Code Annotated.

• School facilities: The subject property will develop with residential uses. There will be some impact to the School District, however, in a request for comments no issues of concern were identified.

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: Existing MET services in the area are accessible to the property and future residents as the South Side Loop Bus Route goes right down Jackson Street.

• Police: The Police Department staff stated that while additional patrol staff have been approved, continued annexation without additional resources may affect response times and 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 staff find the annexation policy criteria have been met. All departments were consulted and there was no opposition.

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing, advertise the hearing, and post the property with information on the annexation petition and public hearing. Notice of the public hearing was posted on June 25, 2021.

The City Council may approve or deny the petition for annexation. Denial of the petition will mean the City Council cannot consider other agenda items related to this property regarding zoning and inclusion of the property in the SBBURD.

• On April 16, 2021, the annexation petition was submitted to the Planning Division by the owner's agent. A delay in the application was requested so the annexation petition and zone change could be considered concurrently.
• On July 12, 2021, the City Council is scheduled to take action on the petition.

This application has no impact on the Planning Division Budget.