Staff recommends the City Council hold a public hearing on the annexation. Upon completion of the hearing, staff recommends the City annex the petitioned property with the staff recommended conditions of approval. 

IMEG, Inc.on behalf of Messinger Company, LLC submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located west of Harnish Boulevard and north of Trade Center Avenue. The land being annexed is described as being Tracts of Land situated in the NW 1/4 of Section 24, T.1S., R.25E, P.M.M., Yellowstone County, Montana, more particularly described as follows: A portion of Tract 11A-1, of Amended Tract 11A of Certificate of Survey 1391, recorded May 23, 2022, under Document No. 4017922 more particularly described as: Beginning at the southeast corner of said Tract 11A-1; S 88°55’56” W for a distance of 304.08 feet; thence along a curve to the left, with a radius of 1916.88 feet, an arc length of 250.13 feet and a delta angle of 07° 28' 55”; thence N 71°20’38’ E for a distance of 300.000 feet, to a point on the west Right-Of-Way of Harnish Boulevard; thence along a curve to the right and along said Right-Of-Way, with a radius of 2216.86 feet, and arc length of 342.86 feet, a delta angle of 08° 51' 40" to the Point Of Beginning. Said tract of land describes a portion of said Tract 11A-1, added as a result of a relocation common boundary line as shown on said Amended Tract 11A of Certificate Of Survey No. 1391. Including adjacent Right-Of-Way of Harnish Boulevard and that portion of Trade Center Avenue adjacent to Lots 2-4, Block 3 of Shackelford-Yellowstone Subdivision 3rd Filing. Said annexation containing 2.043 gross and net acres, more or less.

The property is zoned I1 - Light Industrial. This is a zoning district recognized by the City. Immediately adjacent property was annexed in 2021 after the Limits of Annexation Map were altered to include this property in the red area to facilitate the construction of a new Coca-Cola facility with city services. The additional land area is needed for the proposed bottling facility. 

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 the property proposed for annexation. The Developer will be responsible for the design and construction of a sanitary sewer main and a water main in Harnish Boulevard along the frontage of the above-described property.
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The Developer Tract will be accessed from Harnish Boulevard. The Public Right-of-way along Harnish Boulevard will be dedicated to the City of Billings. 
• Fire Stations: The Billings Fire Department currently serves the subject property through the Billings Urban Fire Service Area agreement.  The Billings Fire Department will continue to serve the property upon annexation.  As this and additional annexations are built out, additional fire department resources will be needed to meet and maintain our high level of service due to the increased call volume and burden on our department these annexations create.  The nearest fire station is Station #5, located at 605 S. 24th St. W, approximately 4.5 road miles or 7-10 minutes driving time to the subject property.
• Parks: No Parkland or Trails will be required as part of this annexation.
• School facilities: The School district did not raise any special requests or concerns during their review of this proposal. This is typical for commercial development such as this. Though this development will bring jobs to the vicinity it will not necessarily equate to new residences or students.

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: The annexed area is not directly services by a MET Route. The nearest route, MET Route 13-West End, currently operates through the intersection of Zoo Drive and Pierce Parkway traveling northbound, which is the nearest accessible point to the property. This intersection is approximately 1.17 miles from the proposed annexation location via roadway. MET does not anticipate that fixed-route would operate in the area until more significant commercial and/or residential growth necessitated transit service in the area. 
• Police: This proposed development is adjacent to established city limits and will not require an adjustment in schedules or staffing at this time. There is sufficient ingress/egress to the area. Despite recent passage of a safety levy, continued annexation and development will affect our ability to deliver service without commensurate resources.
• 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. Depending on factors at any given time such as traffic and congestion, 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 it is consistent with the Limits of Annexation map and the criteria of the annexation policy has been met. Further, coordination with other departments does not raise concerns that cannot be mitigated. Lastly, this property is part of a significant investment and partnership with the Coca Cola bottling facility. City Council has made several decisions over the past year, that have poised this property for city development. These decisions have a cumulative affect, therefore, City Council is being provided with a recommendation of approval.

 

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 and was advertised in the Yellowstone County News.

The City Council may

• Approve,
• Conditionally 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 the development agreement and ward boundary ordinance. On March 18, 2022, the annexation petition was submitted to the Planning Division by the owner's agent.  On June 13, 2022, the City Council is scheduled to take action on the petition. 

This application has no impact on the Planning Division Budget.