Owner John Clifford Zimmerman has submitted a petition to annex land to the City of Billings under 7-2-4600 MCA. The subject property is composed of one parcel totaling about 2 acres, with an additional approximately 7,260 square feet designated as street right-of-way. It is located on the north side of Grand Avenue just west of the intersection of Grand Avenue and 48th Street West. The property has a residence on it but is proposed for a private Montessori school. The property owner is requesting annexation in order to obtain City services for development of the property. Since the property will default to Residential-9600 (R-96) zoning if it is brought into the City, a concurrent special review application is being processed to allow a private school in the R-96 zoning district.  The property is located within the five year annexation area of the City's Limits of Annexation Map and appears to meet many of the City's criteria in its Annexation Policy. Staff also is working with the County to ensure the County deeds all interest in the Grand Avenue road tract or right of way to the City. A detailed review and analysis of the Annexation Policy criteria will be provided in the Council's public hearing memo. The City Council’s policy is to consider annexations at two separate Council meetings. At the first meeting, the Council acknowledges receipt of a petition and sets a public hearing date. At the second meeting, the Council conducts the hearing and decides if it will annex the property.

MCA, Section 7-2-4600 allows owners of more than 50% of the property to petition the city for annexation. The only alternative that is consistent with City Council policy is to acknowledge receipt of the petition and set a public hearing date.

Analysis by City staff of how City services may be provided to this property, the potential financial implications of developing the property, and a recommendation on the annexation will be prepared and presented at the public hearing.

Staff recommends that the City Council acknowledge receipt of the annexation petition and schedule a public hearing for August 27, 2012 to consider annexing this property.