Staff recommends the City Council hold a public hearing on the annexation. In this case, a joint public hearing that considers both the annexation and the associated Zone Change 1054, a zone change from Agricultural (A) to Public 3 (P3). Upon completion of the hearing, staff recommends the City annex the petitioned property with the staff recommended conditions of approval.

NOTE: Though a joint hearing is being held, individual action will need to be taken on each item.
 

Mimi Wolok behalf of Montana Department of Military Affairs submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located North of Highway 3 and West of AJ Way. The land being annexed is described as being That part of E ½ NW ¼ , SW ¼ NE ¼  and NW ¼ SE ¼ of Section 26, Township I North, Range 25 East, of the Principal Montana Meridian, in Yellowstone County, Montana, described as Tract 4 and Tract 5 of Certificate of Survey No. 1889 on file in the office of the Clerk and Recorder of said County, under Document No. 1129245; and that part of SW ¼ NE ¼ and NW ¼ SE ¼ of Section 26, Township I North, Range 25 East, of the Principal Montana Meridian, in Yellowstone County, Montana, described as Tract 6A and 6B of Certificate of Survey No. 1889AM, amending Tract 6 of Certificate of Survey No. 1889, on file in the office of the Clerk and Recorder of said County, under Document No. 364410.Said annexation contains 78 gross acres more or less.

The property is zoned A - Agriculture. This is not a zoning district recognized by the City. A zone change application (ZC 1054) was submitted and is being recommended for approval by the Zoning Commission to the City Council.

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 must be located within Zone 1 or Zone 3 of the Limits of Annexation Map.
   1. Area in question is in Zone 1, see attached Limits of Annexation Map.
2. The City must be able provide adequate city services at a cost acceptable to the City within a time period mutually agreed to by the property owners requesting annexation and the City.
   1. 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 must meet City standards.
   1. The existing property is vacant, therefore 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. No variances have been requested, and the structure is intended to be conforming to zoning and all other City of Billings regulations.
4.  All property owners within the area to be annexed must sign a Waiver of Right to Protest the creation of Special Improvement Districts.
   1. 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. All residential property owners within the area to be annexed must create or join an existing park maintenance district.
   1. This criteria is not applicable, as confirmed by the Parks Department as there is not a park maintenance district governing the area, nor is there a parkland dedication requirement for the development. Parkland dedication may be required in the future if the property is subdivided in accordance with the Subdivision and Platting Act, though the likelihood of this is small since the Department of Military Affairs will be developing the parcels for the use of a Readiness Center.
6. Residential densities planned for development within the area to be annexed must meet an overall average minimum density of primary dwelling units per acre as per the current City of Billings Growth Policy or similar planning documents.
   1. This criteria is not applicable to this annexation since the land is proposed to be developed as a civic campus that will house a Readiness Center. There are no planned private residential uses for the property, aside from possible short term living quarters for military personnel.
7. The proposed land use within the area to be annexed must conform to the goals of the Adopted City of Billings Growth Policy.
   1. Essential Investments:
      1. Infill development and development near existing City infrastructure may be the most cost-effective
      2. Neighborhoods that are safe and attractive and provide essential services are much desired
      3. Mobility and Access (transportation choices in places where goods and services are accessible to all)
   2. Prosperity:
      1. Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses

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 will be responsible for the design and construction of a sanitary sewer main and a water main in AJ Way 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 AJ Way. 
• 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 #1, located at 2305 8th Ave. N., approximately 4.15 road miles or approximately 9 minutes driving time to the subject property depending on traffic.
• Parks: No Parkland or Trails will be required as part of this annexation.
• School facilities: School District #2 did not raise any special requests or concerns during their review of this proposal.

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 serviced by a MET Route. The nearest fixed route currently operates through an intersection about 2 miles away via North 27th Street and Highway 3 at Terminal Circle at the Billings Logan International Airport entrance. 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 passage of a safety levy, continued annexation and development will affect the BPD's 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. These decisions have a cumulative effect. 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 annexation agreement and ward boundary ordinance. On July 5, 2024, the annexation petition was submitted to the Planning Division by the owner's agent.  On October 14, 2024, the City Council is scheduled to take action on the petition. 

This application has no impact on the Planning Division Budget.