Staff recommends the City approve this ordinance on second reading, adding recently annexed property to Ward V. Council held a public hearing on July 22, 2024 and recommended approval on first reading. This second reading action would be consistent with the first reading.

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 within the annexation resolution. This has led to a legal lot partially within the City and partially within the County. 

Upon Council approval, this annexation amendment requires a change in the boundaries of Ward V. Two readings are required for this action. The first reading and public hearing occurred July 22, 2024. The second reading will occur at this meeting.

City Council conducted a public hearing and 1st reading of the Ward Boundary Ordinance and acted on the Annexation at its meeting on July 22, 2024. The City Council received no testimony from the public, and closed the public hearing. The City Council did not have any further discussion. Council Member Rupsis made a motion to approve the Ward Boundary Ordinance on first reading and adopt the findings of the annexation criteria. The motion was seconded by Council Member Tidswell and approved unanimously, with Council Member Aspenlieder recusing himself.

City Council may:

• Approve adding the subject property to Ward V, or;
• Disapprove adding the subject property to Ward V. Disapproval will not modify the boundary of Ward V and will create a problem where property inside the City Limits is not within a City Ward.

This application has no impact on the Planning Division Budget.