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.
 

Sanderson Stewart on behalf of School District #23 submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located south of Elysian Road and west of East Lane. The land being annexed is described as being Tracts 2B and 2C of Amended Certificate of Survey No. 3535, recorded August 31st, 2022, under Document No. 4028466, as forever merged with Tract 1A of Certificate of Survey No. 832 per Warranty Deed, recorded August 31st, 2022, under Document No. 4028468, including adjacent Right-Of-Way of East Lane.

The property is zoned Planned Development. This is a zoning designation that is recognized by the City and does not require an accompanying zone change application. The area adjacent to the parcels to be annexed is part of Elysian Elementary School. The purpose of the annexation to expand school facilities for a bathroom facility, ball field and track.

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 as evidenced by the attached 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. The Annexation Agreement (conditional approval) is the binding contractual agreement that identifies requirements of the City and the Developer to ensure services are provided in a mutually agreed to time. The Annexation Agreement will be considered at this same City Council meeting. The developer is required to meet this condition within 45 days per the attached resolution.
3. Existing or proposed public improvements within the area to be annexed will meet City standards. The existing property is vacant and planned infrastructure will be new and is required to meet the City's regulations. The Annexation Agreement which is a condition of approval will outline public improvements required of the developer as part of developing the property. The only way this property could be developed in the city not according to adopted policies and regulations would require action from City Council or the Board of Adjustment to grant variances allowing deviations from adopted codes.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest future Special Improvement Districts. A standalone waiver is required as a condition of approval for this annexation. This waiver is attached to the Annexation Agreement. The waiver is good in perpetuity and is not subject to the 20-year limitation as identified in the Montana Subdivision and Platting Act.
5. If annexed, any proposed land use will comply with the zoning.
   1. A zone change is not required as part of this annexation. The parcel is zoned School Buffer Zone A per the PD document with an underlying zoning of Highway Commercial. Educational services are an allowable use.
6.     Residential densities planned for development within the area to be annexed must meet an overall average density of at least 4-7 dwelling units per acre: This criteria is not applicable given the educational use of the property.
7. The proposed land use within the area to be annexed shall conform to the goals of the City of Billings Growth Policy. This parcel is most in line with the following:
   1. Essential Investments - A supportive school system that inspires, motivates, and prepares students for meaningful employment is important for ensuring a high quality, competitive community

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.

• Water and Sanitary Sewer: Public water and sanitary sewer service is available to the property proposed for annexation. The developer is responsible for the proportionate share of installation of a sanitary sewer main along East Lane along the property frontage in the future either through a Private Contract or a Special Improvement District. 
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual.
• Transportation: The Developer Tract will be accessed from Elysian Road and East Lane. Public Right-of-way along Elysian Road and East Lane 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 2.92 road miles or 6 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 their own proposal, other than a request for its approval.

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.

• Transit: The annexed area is not directly serviced by a MET Route. The nearest route, MET Route 13, WESTEND, which currently operates through the intersection of Mullowney Lane and Midland Road traveling North, which is the nearest accessible point to the property. This intersection is approximately 1 mile from the proposed annexation location via roadway. MET does not anticipate that fixed-route service 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.
• 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. 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 December 13, 2022, the annexation petition was submitted to the Planning Division by the owner's agent.  On February 13, 2023, the City Council is scheduled to take action on the petition.

This application has no impact on the Planning Division Budget.