The Roman Catholic Bishop of Great Falls (owner) and McCall Development (agent) has submitted a petition to annex land to the City of Billings under Section 7-2-4600, MCA. The subject property is a parcel totaling about 12 acres. The property is located south of Elysian Road and just west of the existing Josephine Crossing Subdivision. The property is currently part of the Catholic Cemetery property but is being sold to McCall Development for development of a 5th Filing of Josephine Crossing Subdivision. The property owner is requesting annexation in order to obtain City services for development of the property. An application for a zone change from Public zoning to a Planned Development zoning similar to the Josephine Crossing Planned Development will be considered directly after the annexation is considered by the City Council at this meeting. 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 (See further discussion in the Consistency with Adopted Policies or Plans section of this report) . A subdivision application is also under review and will come before the Council in September.

The City Council may approve or deny a petition submitted by owners of 50% or more of the real property in the area to be annexed (7-2-4601 (3)(b), MCA).

The City is able to provide municipal sewer and water service to the subject property. The owner will be responsible for all costs of extending the utilities from Elysian Road and other local streets in the existing Josephine Crossing Subdivision . Staff is recommending a standard conditions of approval for this annexation that either a Development Agreement or a Subdivision Improvement Agreement between the City and the property owner be executed to clarify how City services will be provided. If the proposed annexation is approved and the zoning is changed, the property is expected to be developed with relatively high- density single-family and some multi-family residential development and will contribute additional tax revenue to the City.

The subject property totals about 12 acres. It is located east of the intersection of Mullowney Lane and Elysian Road, on the south side of Elysian Road just west of the existing Josephine Crossing Subdivision. The property owner is requesting annexation in order to obtain City services for development of the property. A concurrent zone change to Planned Development - Josephine Crossing Residential Neighborhood is being processed and a preliminary major subdivision plat application is also going through the review process.

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. The City Limits are adjacent to the subject property on the east and north boundaries.

PROCEDURAL HISTORY

• On July 9, 2014, the annexation petition was submitted to the Planning Division.
• On August 11, 2014 the City Council acknowledged receipt of the annexation petition and set a public hearing for August 25.
• On August 25, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On September 8, if the resolution to annex is approved by the City Council, a public hearing and first reading of an ordinance to include the property in a City Council Ward boundary will be conducted.
• On September 22, the City Council will conduct the second and final reading for the ordinance expanding the ward boundary.

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing. Notice of the public hearing was posted on the property on August 8 and published in the Billings Times on August 7. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

The City Council has expressed concerns regarding how annexing additional properties may affect the City’s ability to provide services to new developments without diminishing the services provided to existing City residents. To address these concerns, the City Council adopted an annexation policy that lists criteria for suitable annexations. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the Limits of Annexation.
2. The City is able to adequately provide municipal water and sewer services. Sewer and water services will require extension of lines by the property owner at the time of development.
3. Any proposed improvements to the property will meet City standards.
4. As part of a Development Agreement or Subdivision Improvement Agreement, the owners will sign a Waiver of Right to Protest the creation of any Special Improvement Districts.
5. If annexed, any proposed land use will comply with the zoning. Future development also may conform to the goals of the City of Billings and Yellowstone County Growth Policy.

Although MCA 7-2-4600 allows the municipality to waive the requirement of an annexation public services plan, it is the City’s custom for staff to prepare an analysis of predicted impacts to services and facilities. State law lists the required contents of a public services plan including a 5-year (minimum) plan that outlines how and when services and infrastructure will be extended to the annexed area and how they will be financed. This report follows that general format.

Departmental Response: City and County Departments were given the opportunity to comment on this annexation. City departments mostly responded favorably and detailed responses are provided below. The County Public Works Department did not responded to this annexation request. 

City Facilities: The following improvements and facilities are necessary to provide adequate services to the subject property.

• Water: Water service is available and will need to be extended from Elysian Road and from the existing Josephine Crossing Subdivision to the east. The cost to extend service for the property will be at the developer's expense.

• Sewer: The property may be served by the developer extending City sanitary sewer from Elysian Road and from the existing Josephine Crossing Subdivision to the east. The developer will be required to fund and construct sanitary extension(s) as defined in city policy.

• Stormwater: There is currently limited City storm drain in the area of this property and a combination of connecting to existing storm water lines in the existing Josephine Crossing Subdivision to the east and on-site retention or detention will be necessary to manage stormwater. Stormwater impacts will be identified during the subdivision and site development process and mitigating measures developed at that time.

• Transportation: The subject property has frontage on Elysian Road, designated as a local street east of its intersection with Mullowney Lane. Details of access and traffic management are being determined through the subdivision process. Any specific traffic impacts will be identified during the subdivision and site development process and mitigating measures developed.

• Fire Stations: The subject property is currently served by the Billings Fire Department through the Billings Urban Fire Service Area and the Billings Fire Department will continue to serve the property upon annexation. The Billings Fire Chief stated that as this and other annexations are built out, additional fire department resources will be needed. The nearest fire station is Station #5, located at 604 South 24th Street West, about 4 miles northwest of the subject property.

• Parks: The subject property will be zoned Planned Development - Josephine Crossing Residential Neighborhood if annexed and the zone change is approved. Park land dedication and/or cash-in-lieu for dedication is being determined through the subdivision process. It is expected that park land will be provided in a similar manner to the park areas developed in the existing Josephine Crossing Subdivision to the east.

• Bicycle and pedestrian facilities: The proposed subdivision lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. The Master Plan shows a proposed bike trail along the south portion of this property running east/west along the river corridor. There is already an existing trail along the southern boundary of the adjacent Josephine Crossing Subdivision to the east that is expected to be continued west to Mullowney Lane and beyond in coordination with future development in this area and the property owners. The future subdivision on the subject property also is expected to have multiple pedestrian connections via park areas and sidewalks.

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. The service providers that responded did not object to the annexation of this property.

• Transit: MET transit system operators have no objections to the annexation request, but the nearest bus route is north of the subject property at the intersection of Mullowney Lane and Midland Road near the Holiday Inn Hotel, about  0.75 miles north of the subject property. There are currently no plans to extend service closer to the subject property.

• Police: The Police Department states that while the Police do patrol the property in the City Limits in this area, continued development and annexation will eventually require an increase in resources.

• Public Utilities: The Public Works-- Distribution and Collection Division had no objection with the annexation request as long as the owner agrees to fund the necessary water and sewer connection costs, and agrees to a waiver of protest for future SIDs through a Development Agreement or Subdivision Improvement Agreement as a condition in the Annexation Resolution.

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no problems serving the property.

• Public Works-Solid Waste: The Solid Waste Division notes that it can serve the property when developed, but noted that Senate Bill 234 passed in the 2011 State Legislature dictates that it is up to the property owner as to whether the City or a private carrier collects solid waste from the property.

• 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; this annexation is 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. The Finance Department responded that it did not see any issues with the petition request. Legal staff also did not have any issues with the annexation proposal.

• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve new development whether in the City or the County. Planning staff stated that the relatively high-density development planned for the property and its adjacency to the existing Josephine Crossing Subdivision in the City will provide for more efficient and cost effective delivery of some services.


Annexation of this property would adhere to the following goals, objectives and policies of the Yellowstone County and City of Billings 2008 Growth Policy:
 

• More housing and business choices within each neighborhood (Land Use Element Goal, page 6).
• New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County townsites (Land Use Element Goal, page 6)
• Protect and increase the availability of public access to natural areas and trails along the River (Open Space and Recreation Element Goal, Page 10).
• Safe, functional, and attractive streets for all users, including drivers, bicyclists and pedestrians (Public Facilities and Services Element Goal, p. 13). 
• Healthy, safe neighborhoods and communities with sense of pride (Community Health Element Goal, p. 15).