Staff recommends the City Council hold a public hearing. In this case, a joint public hearing that considers both the annexation and the associated Planned Neighborhood Development (PND) zone change. Upon completion of the hearing, staff recommends the City annex the petitioned property with the staff recommended conditions of approval. 

NOTE: Though a joint hearing is being held, individual action will need to be taken on each item. 

Dorn Real Estate Development submitted a petition to annex land on behalf of Dorn/Lowe LLC and Robert and Bonnie Bell Family Trust using the provisions of Section 7-2-4600, MCA. The property is located south of Central Avenue and West of Shiloh Road. The property is described as Parcel 1 and 2 of Certificate of Survey 2828. The land is legally described as Tracts of Land situated in the NE 1/4 of Section 10, T.1S., R.25E, P.M.M., Yellowstone County, Montana, more particularly described as: Being Tracts 1 and 2 of Certificate of Survey No. 2828, recorded December 20, 1994, under Document No. 1767966; Also including that portion of the Shiloh Drain / Banister Drain adjacent to the south line of said Tracts 1 and 2. Said annexation containing 27.810 gross and net acres. The property is zoned Agricultural Open Space, a zone not recognized by the City of Billings. Therefore, an associated zone change application is being submitted for the use of a Planned Neighborhood Development. The property owner intends to construct twin homes and multi-family housing on the property.

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: Public water and sanitary sewer service is available to this site. Developer Tracts will be served by extending the existing 24-inch sanitary sewer main within a 30-foot-wide public easement or public right-of-way along the entire south boundary of Tracts 1 and 2 of Certificate of Survey 2828 and along the entire south boundary of Tract 1 of Certificate of 3358.  The Developer Tracts will be served by existing water mains located in Bell Avenue and Monad Road.  
• Storm water: The developer will manage storm drainage within the Developer Tracts in accordance with the City of Billings Stormwater Management Manual (2018).  The Developer shall dedicate to the public the area along Developer Tracts fronting Monad Road for the existing Monad Drain/Shiloh Drain.
• Transportation: The subject property is accessed by way of Bell Avenue and Monad 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. This property will be served by Fire Station 7 located near Grand Avenue and 54th Street West. The subject property is approximately 5 minutes away from Fire Station 7 or 2.78 miles.
• Parks: Parkland will be handled with a future subdivision. If parkland is public a maintenance RSID will be required. Private parkland may be maintained in other ways.
• School facilities: Residential growth does place additional needs on the school system, though new housing does not always mean new residents. Some residents may be new, but some may also move within the school district.

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 emergency services in its comments above did note its concerns as additional property is annexed into the City. Those concerns did not warrant a recommendation of denial.

• Transit: Property is not directly served by a transit route; closest routes are: 7-Broadwater within .25 miles to the east, traveling north and south on Shiloh Rd, most likely access via Monad Rd and Shiloh and 13-Westend approximately .5 miles to the east traveling southbound through the intersection of Monad Rd and 38th St W. This route is also within .5 miles to the south, traveling East on King Ave W with most likely access to route occurring at King Ave W and Saint Mary’s Way. Due to the growth in the area and the high proliferation of higher density housing, MET would anticipate service in the area to continue in the foreseeable future.
• Police: There is sufficient ingress/egress to this property and close to properties already in the city. There would be no need to modify beat structure. Despite passage of a recent safety levy, continued development and annexation will affect our ability to deliver service. 
• 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 the annexation because staff find the annexation policy criteria have been met. 

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 the property on January 7, 2021. The hearing was legally advertised in the Yellowstone County News.

The City Council may approve or deny the petition for annexation. Denial of the petition will mean the City Council cannot consider any other associated items with this annexation.

• On December 6, 2021, the annexation petition was submitted to the Planning Division by the owner's agent. 
• On January 24, 2022, the City Council is scheduled to take action on the petition, Zone Change and Development Agreement.

This application has no impact on the Planning Division Budget.