Staff recommends the City Council hold a public hearing on the amendment to the annexation. Upon completion of the hearing, staff recommends the City approve the Amended Annexation Resolution to amend the annexed boundary, as provided for in the original Development Agreement, Doc #3989874 and annex territory into the City.

On August 23, 2021, the City of Billings Passed Annexation Resolution 21-10986, annexation a portion of land more particularly described as Phase 1: Tracts 2-G-1 and 2-H-1 of Certificate of Survey 983, Amended Tracts 2G and 2H of Plat Amending Tract 2-F, recorded November 24, 2020, under Document No. 3948933; Tract 2-C of Certificate of Survey 983, Tract 2 Amended, recorded February 15, 1979, under Document No. 1119356; Including all adjacent right of way; and Phase 2, (Pursuant to conditions being met with the Development Agreement): Tract 14 of Certificate of Survey 983, Amending Tracts 2B and 13, recorded May 31, 1983, under Document No. 1266982; Including all adjacent right of way;
Said phases contain 66.925 gross and 63.711 net acres, more or less.

At the same Council Session, a development agreement regarding the aforementioned annexation was approved by the City Council. Section 10 of the Development Agreement noted the annexation is subject to the following conditions of approval:

1. Phase 1 shall be considered annexed effective immediately upon approval of the mutually agreed upon Development Agreement.
2. Phase 2 annexation will require a written request from the developer to the Planning Division. The request shall refer to the document number of this filed resolution and expressly state the landowners desire to immediately include the property within city limits to be developed in accordance with the Planned Neighborhood Development. If deemed necessary, the City may bring forward a subsequent Resolution of Annexation for the City Council’s review specifically related to Phase 2. Since both phases were included in the original petition, no new annexation petition fees will be collected by the Planning Division. Further, in no circumstance shall development of any kind commence prior to the City accepting the written request and notification to the Department of Revenue (DOR), City of Billings Geographic Information Services (GIS) and the Yellowstone County Clerk and Recorder. If the Phase 2 written request has not been submitted within seven years of the date of this Resolution, the property will automatically be included in the City Limits. The City will initiate this through notification to the DOR.
3. Upon the approval of a subdivision associated with this Annexation and Planned Neighborhood Development, the Annexation Resolution may be amended by City Council to reflect any new phasing boundaries to be consistent with the required Subdivision Improvement Agreement and plat.
4. If the conditions are not satisfied, or the developer requests changes inconsistent with the approval in the Resolution of Annexation, any new requests for the property legally described within this resolution shall be processed as a new petition of annexation.

On June 12, 2023, City Council approved the Final Plat of Ridgeline Subdivision. The phasing lines as shown on the Final Plat do not match the phasing boundaries as initially shown on the annexation resolution. This has led to a legal lot partially within the City and partially within the County. 
 

The City Council must hold a public hearing to amend the resolution.

The City Council may

• Approve the Amended Resolution
• Deny the Amended Resolution

Denial of the petition will mean the lots in question will remain as they are.  On June 24, 2024, the City Council is scheduled to take action on the petition.

This amended annexation will have no financial impact on the Planning Division.

Original Development Agreement, Subdivision Plat, Annexation Resolution, and Amended Resolution are attached.