Staff recommends that the City Council approve the Development Agreement with Alkali Timbers, LLC.

City Council will consider annexation of The Timbers, a proposed residential subdivision.  The property proposed to be annexed is located along Alkali Creek Road south of Skyway Drive.  Alkali Timbers, LLC. desires to develop the property as a residential subdivision.  Typically, as a condition of approval of the annexation, the property owner enters into a Development Agreement with the City of Billings outlining necessary public improvements.  The Development Agreement outlines the off-site improvements necessary for development, including access to the site, construction of water and sanitary sewer, and storm drain.  The Development Agreement provides for City required off-site improvements should the property be annexed and developed without a subdivision plat. The development agreement for this Council action generally includes the following conditions or improvements:

• Requirement for extension of water and sanitary sewer main through site with possible compensation for over-sizing of utilities;
• 60-foot-wide half right-of-way dedication required along Alkali Creek Road;
• Cash contribution for curb and gutter and street widening of Alkali Creek Road along property frontage;
• Construction of a public 10-foot-wide multi-use trail along Alkali Creek Road or through the property parallel with Alkali Creek Road;
• Outlines requirements for traffic impact study; and
• Details phasing of annexation of the property.

City Council may:

• If the annexation is approved, then approve the Development Agreement with the property owner; or
• Not approve 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.  

There are several requirements of the Development Agreement that would not be required upon site development. Section 5 requires the dedication of public right-of-way, if needed.  If the site develops without subdividing, the City would not be able to acquire additional right-of-way for Alkali Creek Road.  Section 7 requires construction of a 10-foot wide multi-use trail along Alkali Creek Road.  If the site develops without subdividing, the City would not be able to require the construction of the trail.

The financial impact of the remainder of the agreement is dependent on policy changes that may occur before development. If development occurs before any changes to the City's development policies, there would be no financial impact. If development occurs after City development policies change, the financial impact would be dependent on the changes.