Staff recommends the City Council hold a public hearing on the annexation. Upon completion of the hearing, staff recommends the City annex the City-owned property. 

Performance Engineering, on behalf of the City of Billings, submitted a memorandum of intent to annex land using the provisions of Section 7-2-4400, MCA. The property is generally located east of Riverside Road and north of Hannon Road. The land being annexed is described as being An unplatted parcel of land situated in the northwest one-quarter (NW ¼) of the southeast one-quarter (SE ¼) of Section 10, Township 01 south, Range 26 east, P.M.M., Yellowstone County Montana, more particularly described as follows: Beginning at the center quarter corner of said Section 10, said point being the Point of Beginning; thence S00º00’39”W a distance of 660.40 feet; thence S89º39’19”E following the northern boundary of the right-of-way for Hannon Road a distance of 988.25 feet; thence N00º07’28”E following the western boundary of Tract 1 of Certificate of Survey No. 119 Amended a distance of 661.02 feet; thence N89º41’28”W following the southern boundary of Lot 2, Block 1 of the Western Sugar Cooperative Subdivision a distance of 988.19 feet back to the Point of Beginning. Including all adjacent rights of way of Riverside Road & Hannon Road. Said annexation contains a net and gross area of 14.99 acres, more or less.

The property is zoned Public 1 – Parks and Open Space (P1). This is a zoning district recognized by the City. 

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.
   • The area is within Zone 1.
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.
   • City services will be provided to the annexation area, as stipulated in the Subdivision Improvement Agreement of the YVAS Minor Subdivision.
3. Existing or proposed public improvements within the area to be annexed must meet City standards.
   • Public improvements will be built to city standards, as stipulated in the Subdivision Improvement Agreement of the YVAS Minor Subdivision.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest the creation of Special Improvement Districts.
   • A Waiver of Right to Protest the creation of Special Improvement Districts will be included with Subdivision Improvement Agreement of the YVAS Minor Subdivision. However, the City would be the initiator of any SIDs in the future so it is more of a formality to have this as part of the SIA for tracking purposes in the area .
5. All residential property owners within the area to be annexed must create or join an existing park maintenance district.
   • Does not apply - no residential land is part of this annexation.
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.
   • Does not apply - no residential land is part of this annexation.
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
      • Public health and safety and emergency service response are critical to the well-being of Billings' residents, businesses, and visitors.
   2. Community fabric
      • Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.
   3. Prosperity
      • Predictable, reasonable city taxes and assessments are important to Billings taxpayers.
      • A diversity of available jobs can ensure a strong Billings economy.

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. Water service will be provided by an existing 12-inch water main located in Riverside Road and an 8-inch County water main within Hannon Road. Wastewater service will be provided by an existing 30-inch sanitary sewer main adjacent to the northern property line.
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The developer tract will be accessed from Riverside Road and Hannon Road. The public right-of-way along Riverside Road and Hannon Road 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 #2, located at 501 S 28th St, Billings, MT 59101, approximately 1.2 road miles or 4 minutes driving time to the subject property.
• Parks: No parkland or trails will be required as part of this annexation.The property is actually part of existing City open space and some open space will remain.
• School facilities: School District 2 will service this location, although no residential development is contemplated to impact schools: Ponderosa Elementary has 297 students enrolled with a capacity of 394 students; Riverside Middle School has 462 students enrolled with a maximum capacity of 604; and Senior High School has 1638 students enrolled with a maximum capacity of 1686 students.

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.

• Transit: The annexed area is not directly serviced by a MET Route. The nearest fixed route bus stops are located approximately 0.5 miles north at State Ave and Riverside Rd or 0.9 miles southwest at King Ave East and Jackson St. 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. 
• 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 meets a public need identified by the City for animal shelter services, 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. Further, since this is City property being annexed, the City Council did pass a resolution of intent to annex the property at its February 24 meeting and a 20 day comment period has been provided per the Statute.

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. It also would not be in alignment with the City initiating this annexation to provide a new location for the regional animal shelter and new veterinary clinic. On January 6, 2025, the annexation petition was submitted to the Planning Division by the City's agent. On February 24, 2025, City Council adopted a Resolution of Intent to Annex Wilson Park. On March 24, 2025, the City Council is scheduled to take action on the petition.
 

This application has no impact on the Planning Division Budget.