Staff recommends that the City Council approve the Development Agreement for Lot 1, Block 1; Lot 1, Block 2; and Lot 1, Block 3 of Zimmerman Home Place Subdivision.

City Council will consider annexation of Lot 1, Block 1, Lot 1, Block 2, and Lot 1, Block 3 of Zimmerman Home Place Subdivision, 1st Filing.  The property proposed to be annexed is located south of Colton Boulevard and west of Zimmerman Trail.  The Developer desires to develop the property as a residential development.  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:

• Construction of the south-half of Colton Boulevard along with a multi-use trail along north property line of property;
• Construction of water and sanitary sewer mains in Green Valley Drive and Avenue E;
• Construction of Green Valley Drive and Avenue E along with boulevard sidewalk;
• Construction of storm drain in Green Valley Drive and Avenue E;
• Outlines an option for use of Big Ditch water for irrigation purposes;
• Outlines requirements for a traffic impact study.

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.  

There is one requirement of the Development Agreement that would not be required upon site development.  Section 6 requires the dedication of public right-of-way if needed.  If the site develops without subdividing, the City would not be able to acquire right-of-way.  

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.