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. 

WWC Engineering, on behalf of Scott Stanway, Skip Stanway, Tucker Stanway, and Tate Stanway (collectively Four-S Corp.) submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located at 1006 1st Ave N. The land being annexed is legally described as being a Tract of Land situated in the northwest one-quarter (NW ¼) of Section 34, Township 1 north, Range 26 east, Yellowstone County, Montana, more particularly described as: being Lot 3, Block 1 of Plat of Exchange Subdivision in Yellowstone County, Montana, according to the official plat on file in the office of the Clerk and Recorder of said County under Document No. 1092444, said annexation containing 1.032 acres, more or less.

The property has the county zoning of Light Industrial (I1). 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. 
   • This property is within Zone 1.
2. The City must be able to 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. 
   • 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.
   • 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.
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 within the Annexation Agreement.
5. All residential property owners within the area to be annexed must create or join an existing park maintenance district.
   • Does not apply; this property is not residential.
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; this property is not residential.
7. The proposed land use within the area to be annexed must conform to the goals of the Adopted City of Billings Growth Policy.
   • Essential Investments:
     • Infill development and development near existing City infrastructure may be the most cost-effective.
     • Neighborhoods that are safe and attractive and provide essential services are much desired.
     • Mobility and Access (transportation choices in places where goods and services are accessible to all).
   • Prosperity:
     • 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 connecting to the sanitary sewer main and a water main in 1st Avenue North along the frontage of the above-described property.
• Stormwater: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The Developer Tract will be accessed from 1st Avenue North. The public right-of-way along 1st Avenue North is already 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 #1, located at 2305 8th Avenue north, approximately 1.44 road miles or 4 minutes driving time to the subject property.
• 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 since this is an industrial zone.

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 route, MET Route 16, currently operates through the intersection of 4th Avenue North & North 13th Street, which is the nearest accessible point to the property. This intersection is approximately 0.28 miles from the proposed annexation location via roadway. 
• 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. Police units patrol the area regularly.
• 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 development agreement and ward boundary ordinance. On January 21, 2025, the annexation petition was submitted to the Planning Division by the owner's agent. On March 10, 2025, the City Council is scheduled to take action on the petition. 

This application has no impact on the Planning Division Budget.