Consent 1.S.
City Council Regular Business Meeting
- Meeting Date:
- 10/26/2026
- TITLE
- Ridgeline Subdivision, 2nd Phase Annexation, Ward Boundary Ordinance 2nd Reading
- PRESENTED BY:
- Hunter Kelly
- Department:
- Planning & Community Services
Presentation:
No
Legal Review:
No
Project Number:
AN-21-09
RECOMMENDATION
Staff recommends the City approve this ordinance on second reading, adding recently annexed property to Ward 5. Council held a public hearing on October 12, 2026, and recommended approval on first reading. This second reading action would be consistent with the first reading.
EXECUTIVE SUMMARY
Performance Engineering submitted a request to the Planning Division to annex the 2nd Phase of Ridgeline Subdivision. This ward boundary ordinance is being done to include this recently annexed land into election ward 5.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Performance Engineering on behalf of TKJ Development submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located East of South 48th Street West and south of Georgina Drive. The land being annexed is described as being Ridgeline Subdivision, Block 2, Lots 3-8 and Block 4, Lot 1 filed under Document No 4050464; including all adjacent Rights-of-Way. Said area containing 26.48 acres gross and 22.38 acres net, more or less. Also known as Phase 2 of Ridgeline Subdivision.
Ridgeline Subdivision was part of a phased annexation, originally approved in 2021 under Resolution 21-10986. This resolution was amended in 2024 (Resolution 24-11209) to address a discrepancy between the legal descriptions of the phasing boundary depicted between the subdivision plat and original annexation documents. Per the annexation resolution and annexation agreement, phase one (1) of this subdivision (Ridgeline Subdivion; All lots of Block 1; Lot 1, Block 2; a portion of Lot 2, Block 2, shown as "Phase 1" on sheets 3 and 4 of the plat; and Lot 1, Block 3) was annexed immediately. Phase two (2) of the subdivision (All remaining land within Ridgeline Subdivision, Block 2) was to be annexed subject to the conditions stipulated in the Annexation Agreement (Doc #3989874). Under this agreement, Phase 2 was to be annexed under the following terms:
Planning staff consulted with the Legal Department regarding the request, which deemed it was not necessary to bring a subsequent resolution of annexation forward for City Council's review as specifically related to Phase 2. As of writing this staff report, both City GIS and the Montana Department of Revenue have been notified of the applicant's written request.
Upon Council approval, this annexation requires a change in the boundaries of Ward 5. Two readings are required for this action. The first reading and public hearing occurred October 12, 2026. The second reading will occur at this meeting.
Ridgeline Subdivision was part of a phased annexation, originally approved in 2021 under Resolution 21-10986. This resolution was amended in 2024 (Resolution 24-11209) to address a discrepancy between the legal descriptions of the phasing boundary depicted between the subdivision plat and original annexation documents. Per the annexation resolution and annexation agreement, phase one (1) of this subdivision (Ridgeline Subdivion; All lots of Block 1; Lot 1, Block 2; a portion of Lot 2, Block 2, shown as "Phase 1" on sheets 3 and 4 of the plat; and Lot 1, Block 3) was annexed immediately. Phase two (2) of the subdivision (All remaining land within Ridgeline Subdivision, Block 2) was to be annexed subject to the conditions stipulated in the Annexation Agreement (Doc #3989874). Under this agreement, Phase 2 was to be annexed under the following terms:
"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 circumstances 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 (August 21, 2021), the property will automatically be included in the City Limits. The City will initiate this through notification to the DOR."
Planning staff consulted with the Legal Department regarding the request, which deemed it was not necessary to bring a subsequent resolution of annexation forward for City Council's review as specifically related to Phase 2. As of writing this staff report, both City GIS and the Montana Department of Revenue have been notified of the applicant's written request.
Upon Council approval, this annexation requires a change in the boundaries of Ward 5. Two readings are required for this action. The first reading and public hearing occurred October 12, 2026. The second reading will occur at this meeting.
FISCAL EFFECTS
This application has no impact on the Planning Division Budget.
STAKEHOLDERS
City Council conducted a public hearing and first reading on October 12, 2026. 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 Boyett made a motion to approve the annexation on first reading and adopt the findings of the annexation criteria. The motion was seconded by Council Member O'Donnell and approved on a unanimous vote.
ALTERNATIVES
City Council may:
- Approve adding the subject property to Ward 5, or;
- Disapprove adding the subject property to Ward 5. Disapproval will not modify the boundary of Ward 5 and will create a problem where property inside the City Limits is not within a City Ward.