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.

Torgerson's Real Estate Holdings, LLC. submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located at 3508 South Frontage. The property is legally described as Fractions of Government Lots 2 and 3, Section 15, T.1S., R.26E., P.M.M., Yellowstone County, Montana, being unplatted. Said tract of land containing an area of 35.94 acres more or less and is currently zoned Agricultural Open Space. As part of Zone Change 993, which is running concurrently with this application, the proposed zoning is Heavy Commercial (CX). Torgerson's is a local implement dealer in Billings, MT and intends to develop the property.

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. This petition for annexation is being considered concurrently with a zone change application (993) and amendments to the urban renewal plan.

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 system will need to be extended to serve this property with public water. A public sanitary sewer trunk main fronts the property, however connections to this main across the Frontage Road will need to be constructed to serve the property. 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 a 48” storm drain located in the South Frontage Road adjacent to this parcel.

• Transportation: The subject property fronts the South Frontage Road. Access and approaches must be reviewed and approved by the Montana Department of Transportation (MDT) and the City of Billings, who may also require a traffic impact study prior to development. It should be noted, a traffic study is not required as part of the annexation process. These items are addressed as part of the development agreement.

• 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 2.04 road miles or 5 minutes driving time to the subject property.

• Parks: As a commercial development, parkland is not required. There are parks in the area that would serve this property, but no creation or expansion of a PMD is required.

• School facilities: The subject property will develop with commercial uses. There should be minimal impact to the School District. 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: Expansion in outlying areas does create a burden for MET transit, however, given the location and commercial nature of this area MET does not anticipate high demand for expanded service at this time.

 • 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. 

• 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 this annexation and finds the criteria found in the annexation policy has been met. All departments have been consulted with no opposition. Staff recommends approval.

 

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 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.

• In June, the annexation petition was submitted to the Planning Division by the owner's agent. 
• 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.