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 on behalf of Development 55, LLC 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 and north of Shackelford Lane. The land being annexed is described as being Tract 2A of Amended Certificate of Survey No. 3535, recorded August 31st, 2022, under Document No. 4028466; A portion of Tract 12 of Certificate of Survey No. 1391, said portion being known as Shackelford Lane adjacent to Tract 1B of said Certificate of Survey No. 1391, recorded March 13th, 1974, under Document No. 957584, said documents on file and of record in the office of the Yellowstone County Clerk and Recorder. Including adjacent Right-Of-Way of East Lane, Elysian Road and said portion of Shackelford Road. Said annexation containing 50.765 gross acres and 48.582 net acres, more or less.

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 purpose of the annexation to annex the property, so it can be developed with city services. The Planned Development for this parcel has an underlying zoning of Controlled Industrial. Any development that occurs on this property will be required to be compliant with the zoning regulations of the Planned Development.

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. 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 "Restricted Use B" with an underlying zoning of Controlled Industrial. 
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 as this property is zoned for Controlled Industrial uses.

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:

• Prosperity (promoting equal opportunity and economic advancement)
• A diversity of available jobs can ensure a strong Billings’ economy
• Successful businesses that provide local jobs benefit the community
• Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses

Supporting new areas for commercial growth is critical in a growing city. These new commercial ventures and provide space for existing businesses to relocate and expand or can attract businesses that are new to the community. The City of Billings is a growing city that must account for economic growth. 

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 upon the extension of water in Elysian Road and sewer from the south side of the property to Elysian Road. 
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual.
• Transportation: The Developer Tract will be accessed from Elysian Road, Shackelford Lane and East Lane. Improvements required along Elysian include widening, multi-use path, curb and gutter, storm drain, etc. Elysian and East Lane will be constructed in phases or through an SID. The improvements, including internal roads will be identified in the subdivision improvements agreement in the forthcoming plat. The conditions of this annexation require that the SIA be preliminarily approved within 45 working days.
• 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 in order to meet and maintain a 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 3.0 road miles or approximately 5-7 minutes driving time to the subject property depending on traffic.
• Parks: No Parkland or trails will be required as part of this annexation. If the property is subdivided in the future, it will likely not require parkland dedication as commercial subdivision are not required by state statute or local regulations to provide parkland dedication.
• 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 location is approximately 1.1 mile from existing transit service from route 13-Westend, which currently travels northbound through the intersection of Elysian Rd and Mullowney Ln. Transit development plan route restructure will move routing northward with the most southern service in the area traveling through the intersection of Mullowney Ln and Midland Rd (which is approximately 1.61 miles away via current roadway structure and 1.2 miles measured directly). MET does not anticipate directly serving the area with fixed-route bus service in the foreseeable future but will continue to provide paratransit service within all of Billings city limits as time and space allows. 
• Police: This area has adequate ingress/egress and near areas already in the city. However, it is a disjointed to other areas already in. There will not be a need to reconfigure beats if brough in. Continued development and annexation without commensurate resources will adversely 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. 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 this property is within the City Annexation Petition Area of the Limits of Annexation Map and is expected to be annexed to the City. Also, recent work on utility extensions to the new Coca-Cola bottling facility has made service to this property easier to complete. With the development activity east of this property at Elysian School and Annafeld Subdivision, and the Coca-Cola project the west, this area prime for further urban development in the City and adding this property to the City supports this.

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 February 10, 2023, the annexation petition was submitted to the Planning Division by the owner's agent.  On April 10, 2023, the City Council is scheduled to take action on the petition.

This application has no impact on the Planning Division Budget.