Regular 6.a.
City Council Regular Business Meeting
- Meeting Date:
- 04/27/2026
- TITLE
- Annexation 26-03, Resolution to Annex Lots 3 and 4, Barber Farm Sub.
- PRESENTED BY:
- Hunter Kelly
- Department:
- Planning & Community Services
Presentation:
Yes
Legal Review:
No
Project Number:
PZX-26-00050
RECOMMENDATION
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.
EXECUTIVE SUMMARY
This is a request for a phased annexation of Lots 3 and 4 of Barber Farm Subdivision on the north side of Central Ave. East of 48th St. Phase 1 includes approx. 26 acres currently zoned agriculture. This annexation is being done alongside a zone change and will have a future subdivision in order to create a mixed-use development. Although a joint hearing will be held on the annexation and zone change, City Council is required to take two separate actions.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Performance Engineering, on behalf of Donna Maria Barber-Schneider, Diana Lynee Browne, and Karin Ellen Barber, submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located north of Central Avenue, south of Broadwater Avenue, and west of 44th Street West.The land is proposed to be annexed through a phased annexation process is described as being Lot 3 and Lot 4 of Barber Farm Subdivision situated in the E 1/2 of the SW 1/4 of Section 03, Township 01 South, Range 25 East, P.M.M., Yellowstone County, Montana, more particularly described as follows:
Said annexation contains a gross area of 58.13 acres and a net area of 48.94 acres including all adjacent rights-of-way, more or less.
The property is currently zoned A - Agriculture. This is not a zoning district recognized by the City. This annexation petition is being filed in conjunction with a Planned Neighborhood Development (Zone Change 1078) from Agriculture (A) to a combination of zoning districts, including Corridor Mixed Use 1 (CMU1), Mixed Residential 1 (NX1), Mid-Century Residential (N2), Suburban Neighborhood (N3), and Parks and Open Space 1 (P1).
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:
PHASING
The annexation will be applied in two phases, as described in the legal description and exhibit. Public improvements associated with these phases shall be constructed or monetarily guaranteed prior to opening the phase.
Phase I
A portion of Lot 3 of Barber Farm Subdivision situated in the E1/2 of the SW1/4 of Section 03, Township 01 South, Range 25 East, P.M.M., Yellowstone County, Montana, more particularly described as follows:
Commencing at the south quarter corner of said Section 3, said point being the Point of Commencement ; thence N 89 °34 ’51”W following the section line common to Section 3 and Section 10 a distance of 333.3 1 feet; thence N89°34’51”W following the same line a distance of 70.42 feet; thence N00°25’09”E a distance of 40.00 feet, to Point of Beginning #1; thence S89°34’51”E following the north right-of-way line for Central Avenue a distance of 70.00 feet; thence N00°10’29 ”W following the eastern boundary of Barber Farm Subdivision a distance of 1377.35 feet; thence S89°45’43”W a distance of 126. 69 feet; thence N00°14’17”W a distance of 27.88 feet; thence S89°47’16”W a distance of 749.65 feet; thence S00°14’17” E a distance of 18.65 feet; thence S89°45’43”W a distance of 124. 17 feet; thence S00°18’05”E following the eastern boundary of Sundance Subdivision a distance of 1375.47 feet; thence S89 °34’51”E following the north right -of -way line for Central Avenue a distance of 70.01 feet; thence N00°18’05”W a distance of 279.51 feet; thence N44°41’55”E a distance of 14.14 feet; thence N89°41’55”E a distance of 381.62 feet; thence S00°18’05”E a distance of 4.00 feet; thence N89°41’55”E a distance of 456.49 feet; thence S45°14’17”E a distance of 14.13 feet; thence S00°10’29”E a distance of 286.30 feet, back to Point of Beginning #1, including all adjacent rights-of-way.
Said annexation boundary contains gross area of 26. 20 acres and a net area of 21.84 acres, more or less.
PHASE II contains both a south and north portion.
A portion of Lot 3 of Barber Farm Subdivision situated in the E1/2 of the SW1/4 of Section 03, Township 01 South, Range 25 East, P.M.M., Yellowstone County, Montana, more particularly described as follows:
Commencing at the south quarter corner of said Section 3, said point being the Point of Commencement ; thence N 89 °34 ’51”W following the section line common to Section 3 and Section 10 a distance of 333.3 1 feet; thence N89°34’51”W following the same line a distance of 70.42 feet; thence N00°25’09”E a distance of 40.00 feet, to Point of Beginning #1; thence S89°34’51”E following the north right-of-way line for Central Avenue a distance of 70.00 feet; thence N00°10’29 ”W following the eastern boundary of Barber Farm Subdivision a distance of 1377.35 feet; thence S89°45’43”W a distance of 126. 69 feet; thence N00°14’17”W a distance of 27.88 feet; thence S89°47’16”W a distance of 749.65 feet; thence S00°14’17” E a distance of 18.65 feet; thence S89°45’43”W a distance of 124. 17 feet; thence S00°18’05”E following the eastern boundary of Sundance Subdivision a distance of 1375.47 feet; thence S89 °34’51”E following the north right -of -way line for Central Avenue a distance of 70.01 feet; thence N00°18’05”W a distance of 279.51 feet; thence N44°41’55”E a distance of 14.14 feet; thence N89°41’55”E a distance of 381.62 feet; thence S00°18’05”E a distance of 4.00 feet; thence N89°41’55”E a distance of 456.49 feet; thence S45°14’17”E a distance of 14.13 feet; thence S00°10’29”E a distance of 286.30 feet, back to Point of Beginning #1, including all adjacent rights-of-way.
Said annexation boundary contains gross area of 26. 20 acres and a net area of 21.84 acres, more or less.
PHASE II contains both a south and north portion.
Phase II (South):
Commencing at the south quarter corner of said Section 3, said point being the Point of Commencement ; thence N89°34’51”W following the section line common to Section 3 and Section 10 a distance of 333.31 feet; thence N89°34’51”W following the same line a distance of 70.42 feet; thence N00°25’09”E a distance of 40.00 feet, to Point of Beginning #1; thence N89°34’51”W following the northern boundary of the right -of -way for Central Avenue a distance of 197.57 feet; thence N00°11’49”W following the eastern boundary of Lot 2 of Barber Farm Subdivision a distance of 260.74 feet; thence N89°34’51”W following the northern boundary of Lots 1 and 2 of Barber Farm Subdivision a distance of 267.35 feet; thence S00°11’49”E following the western boundary of Lot 1 of Barber Farm Subdivision a distance of 260.74 feet; thence N89°34’51”W following the northern boundary of the right-of-way for Central Avenue a distance of 392.61 feet; thence N00°18’05”W a distance of 279.51 feet; thence N44°41’55”E a distance of 14.14 feet; thence N89°41’55”E a distance of 381.62 feet; thence S00°18’05”E a distance of 4.00 feet; thence N89°34’51”W a distance of 56.49 feet; thence S45°14’17”E a distance of 14.13 feet; thence S00°10’29”E a distance of 286.30 feet back to Point of Beginning #1, including all adjacent rights-of-way.
Said annexation boundary contains a gross area of approximately 4.16 acres and a net area of 3.89 acres, more or less.
Phase II (North):
Commencing at the south quarter corner of said Section 3, said point being the Point of Commencement; thence N89°34’51”W following the section line common to Section 3 and Section 10 a distance of 333.31 feet; thence N00°10’29 ”W a distance of 40.00 feet; thence N00°10’29”W a distance of 1377.35 feet following the eastern boundary of Barber Farm Subdivision, said point being Point of Beginning #2; thence S89°45’43”W a distance of 126. 69 feet; thence N00°14’17”W a distance of 27.88 feet; thence S89°47’16”W a distance of 749.65 feet; thence S00°14’17” E a distance of 18.65 feet; thence S89°45’43”W a distance of 124. 17 feet; thence N00°18’05W following the eastern boundary of Sundance Subdivision a distance of 1225.10 feet; thence S89°39’24”E following the northern boundary of Broadwater Avenue right -of -way a distance of 1003.27 feet; thence S00°10’29”E following the eastern boundary of Barber Farm Subdivision a distance of 1224.48 feet, back to said Point of Beginning #2, including all adjacent rights-of-way
Said annexation boundary contains a gross area of approximately 27.77 acres and a net area of 23.21 acres, more or less.
Commencing at the south quarter corner of said Section 3, said point being the Point of Commencement ; thence N89°34’51”W following the section line common to Section 3 and Section 10 a distance of 333.31 feet; thence N89°34’51”W following the same line a distance of 70.42 feet; thence N00°25’09”E a distance of 40.00 feet, to Point of Beginning #1; thence N89°34’51”W following the northern boundary of the right -of -way for Central Avenue a distance of 197.57 feet; thence N00°11’49”W following the eastern boundary of Lot 2 of Barber Farm Subdivision a distance of 260.74 feet; thence N89°34’51”W following the northern boundary of Lots 1 and 2 of Barber Farm Subdivision a distance of 267.35 feet; thence S00°11’49”E following the western boundary of Lot 1 of Barber Farm Subdivision a distance of 260.74 feet; thence N89°34’51”W following the northern boundary of the right-of-way for Central Avenue a distance of 392.61 feet; thence N00°18’05”W a distance of 279.51 feet; thence N44°41’55”E a distance of 14.14 feet; thence N89°41’55”E a distance of 381.62 feet; thence S00°18’05”E a distance of 4.00 feet; thence N89°34’51”W a distance of 56.49 feet; thence S45°14’17”E a distance of 14.13 feet; thence S00°10’29”E a distance of 286.30 feet back to Point of Beginning #1, including all adjacent rights-of-way.
Said annexation boundary contains a gross area of approximately 4.16 acres and a net area of 3.89 acres, more or less.
Phase II (North):
Commencing at the south quarter corner of said Section 3, said point being the Point of Commencement; thence N89°34’51”W following the section line common to Section 3 and Section 10 a distance of 333.31 feet; thence N00°10’29 ”W a distance of 40.00 feet; thence N00°10’29”W a distance of 1377.35 feet following the eastern boundary of Barber Farm Subdivision, said point being Point of Beginning #2; thence S89°45’43”W a distance of 126. 69 feet; thence N00°14’17”W a distance of 27.88 feet; thence S89°47’16”W a distance of 749.65 feet; thence S00°14’17” E a distance of 18.65 feet; thence S89°45’43”W a distance of 124. 17 feet; thence N00°18’05W following the eastern boundary of Sundance Subdivision a distance of 1225.10 feet; thence S89°39’24”E following the northern boundary of Broadwater Avenue right -of -way a distance of 1003.27 feet; thence S00°10’29”E following the eastern boundary of Barber Farm Subdivision a distance of 1224.48 feet, back to said Point of Beginning #2, including all adjacent rights-of-way
Said annexation boundary contains a gross area of approximately 27.77 acres and a net area of 23.21 acres, more or less.
Said annexation contains a gross area of 58.13 acres and a net area of 48.94 acres including all adjacent rights-of-way, more or less.
The property is currently zoned A - Agriculture. This is not a zoning district recognized by the City. This annexation petition is being filed in conjunction with a Planned Neighborhood Development (Zone Change 1078) from Agriculture (A) to a combination of zoning districts, including Corridor Mixed Use 1 (CMU1), Mixed Residential 1 (NX1), Mid-Century Residential (N2), Suburban Neighborhood (N3), and Parks and Open Space 1 (P1).
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:
- The area must be located within Zone 1 or Zone 3 of the Limits of Annexation Map.
- The area is within Zone 1.
- 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.
- This is stipulated in the Annexation Agreement and Subdivision Improvement Agreement of Central Avenue Subdivision. The proposed subdivision will be heard at a future meeting.
- Existing or proposed public improvements within the area to be annexed must meet City standards.
- This is stipulated in the Annexation Agreement and Subdivision Improvement Agreement of Central Avenue Subdivision, which will be heard at a future meeting.
- 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 is included in the Annexation Agreement and Subdivision Improvement Agreement of Central Avenue Subdivision, which will be heard at a future meeting.
- All residential property owners within the area to be annexed must create or join an existing park maintenance district.
- The proposed annexation falls within the 1.5 mile "Benefited Area" of Cottonwood Park. The developer was asked if they would like to make a contribution to the development and/or maintenance of Cottonwood Park. The developer has elected not to make a contribution to Cottonwood Park. This contribution would have been in addition to the existing requirements for open space and parkland within the subdivision and zoning regulations. Due to the Planned Neighborhood Development requirements within the City of Billings Zoning Regulations the developer has provided private open space and will create or join a park maintenance district as determined by the Parks Department.
- 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.
- The 2016 Growth Policy identifies three growth scenarios: High Density, Low Density, and Public Preferred. The High Density scenario envisions up to 16 dwelling units per acre, while the Low Density scenario identifies approximately 5 dwelling units per acre. The Public Preferred scenario targets roughly 9 dwelling units per acre. The proposed development includes a proposal for approximately 360 dwelling units on 58.1(gross) acres, resulting in approximately 6 dwelling units/acre, which is closer to the Low Density scenario, reflecting a balanced approach to neighborhood scale and intensity.
- 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.
- Strong Neighborhoods;
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools, and public gathering spaces foster health, goodwill and social interaction.
- Neighborhoods that are safe and attractive and provide essential services are much desired. Implementation of the Infill Policy is important to encourage the development of underutilized properties.
- Essential Investments:
- 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 Central Avenue 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 Central Avenue & Broadwater Avenue. The public rights-of-way along Central Avenue & Broadwater Avenue 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 #7 approximately 2.20 road miles or 5 minutes driving time to the subject property.
- Parks: Parkland is being provided as part of the PND zoning change.
- School facilities: Meadowlark Elementary School will provide educational services for elementary students, with 644 enrolled students out of a capacity of 460 students. Ben Steele Middle School will provide educational services for middle school students, with 738 enrolled students out of a capacity of 750 students. West End high school will provide education services for high school students, with 2176 enrolled students out of a capacity of 1731 students.
- Transit: The annexed area is not directly serviced by a MET Route. The nearest route is .75 miles away at the intersection of Shiloh Road and Central Avenue, which is the nearest accessible point to the property.
- 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 recent passage of a safety levy, continued annexation and development will affect our 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.
PHASING
The annexation will be applied in two phases, as described in the legal description and exhibit. Public improvements associated with these phases shall be constructed or monetarily guaranteed prior to opening the phase.
FISCAL EFFECTS
This application has no financial impact on the Planning Division Budget.
STAKEHOLDERS
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.
ALTERNATIVES
The City Council may
Action tonight approves the annexation plan in whole, however, the annexation is phased. The annexation approval does not annex immediately all involved parcels, but rather identifies two phases for annexation. Phase 1 consists of a portion of Lot 3 of Barber Farm Subdivision, including all adjacent rights of way. Phase 2 conditions of approval are part of the associated Annexation Agreement. It is anticipated a forthcoming subdivision will employ the use of phases. If the subdivision phases do not align with the existing parcels and legal description of Phase I, the Resolution of Annexation will have to be amended by City Council to reflect the new boundary.
- Approve,
- Conditionally approve or
- Deny the petition for annexation.
Action tonight approves the annexation plan in whole, however, the annexation is phased. The annexation approval does not annex immediately all involved parcels, but rather identifies two phases for annexation. Phase 1 consists of a portion of Lot 3 of Barber Farm Subdivision, including all adjacent rights of way. Phase 2 conditions of approval are part of the associated Annexation Agreement. It is anticipated a forthcoming subdivision will employ the use of phases. If the subdivision phases do not align with the existing parcels and legal description of Phase I, the Resolution of Annexation will have to be amended by City Council to reflect the new boundary.