Owners Leland and Lorraine Wells 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 1.6 acres. The property is located at 16 Shiloh Road at the northwest corner of the intersection of Shiloh Road and Central Avenue. A Cenex Zip Trip fuel and convenience store is currently located on the property. The property owner is requesting annexation in order to obtain City services for the existing development on the property. The property is currently zoned Neighborhood Commercial and would come into the City with the same zoning.

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 is able to serve the property and further analysis and discussion is provided in the Consistency with Adopted Plans and Policies section of this memo. The City Council considers this annexation at two separate Council meetings. At the first meeting on November 24, the Council accepted the annexation petition for this  property and set a public hearing date for December 15. At this meeting, the Council will conduct the hearing and decide if it will annex the property.

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 only alternative that is consistent with City Council policy and state law is to conduct a public hearing and review the request before taking action.   

The City is able to provide municipal water and sewer to the subject property. The owner will be responsible for all costs of extending the utilities from Central Avenue. Staff is recommending a condition of approval for this annexation that a Development Agreement between the City and the property owner be executed if the property is annexed to clarify how City services will be provided and that frontage improvements along Central Avenue will be required in the short term. There is existing development on the property and the owners wish to access City services for the property now and continue to operate the business with no additional development plans at this time.

The subject property totals about 2 acres. It is located at the northwest corner of the intersection of Shiloh Road and Central Avenue. The property is already developed with a Zip Trip Convenience Store and Fuel Service Station located on it. It is zoned Neighborhood Commercial. The zoning will remain the same after annexation. 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 boundary and near the property on the southwest boundary.

PROCEDURAL HISTORY

• On October 20, 2014, the annexation petition was submitted to the Planning Division by the owner.
• On November 24, 2014 the City Council accepted the petition to annex the property and set a public hearing date for December 15.
• On December 15, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On January 12, 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 City Council Ward V will be conducted.
• On January 26, the City Council will conduct the second and final reading for the ordinance expanding the Ward V boundary.

 

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing and post the property with information on the annexation petition and public hearing. Notice of the public hearing was posted on the property on November 26 and published in the Billings Times on November 27. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although MCA 7-2-4400-4407 does not specify the need to prepare a public services plan, it is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities. 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 sewer services to the property
3. Any existing or proposed public improvements within the area to be annexed must meet City standards. While the existing development appears to meet zoning requirements, City Public Works has specified that the property must install sidewalk along its Central Avenue frontage as a condition of annexation. 
4. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Neighborhood Commercial. There are no current plans to change the zoning and it will remain zoned as it is if annexed into the City.

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. The County Public Works Department responded to this annexation request to clarify that the entire right of way of Central Avenue to the existing City Limits just west of the subject property be included in this annexation. The annexation is being prepared to include this right-of-way.

City Facilities:
Specific comments from City Departments are provided below. However, since the subject property is developed, requirements for public improvements must be addressed with annexation of the subject property. To ensure public improvements in the area to be annexed will meet, or be brought to, City standards in timely manner, a Development Agreement will be executed between the property owner and the City as a condition of annexation.

• Water: This property may be served by existing water lines in Central Avenue. Any extension of services for the property will be at the owners expense.

• Sewer: Access to sewer service for the property is available on the west side of Shiloh Road. Any extension of services for the property will be at the owners expense.

• Stormwater: All of the runoff from this property will need to be contained on site and meet the City of Billings requirements for storm water management. Any future development will be constructed in compliance with City of Billings storm water regulations.

• Transportation: The subject property has frontage on Central Avenue and Shiloh Road. Access to the property is from both Shiloh Road (right in, right out) and Central Avenue.

• 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 #7, located at 501 54th Street West, about 3 miles northwest of the subject property.

• Parks: The subject property is zoned Neighborhood Commercial. Since the property is commercially zoned and developed for commercial uses, it is unlikely that park land dedication will be required in the future. As currently developed, the property will have little impact on parks within the area.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. A separated bike/ped. pathway is located along the western side of Shiloh Road. The Plan calls for a bike lane on Central Avenue past the subject property. When Central is improved to City standards in this whole area, bike lanes will be installed on Central Avenue. Further, the City will require that the property owner install sidewalk for pedestrian access and safety along the property's Central Avenue frontage.

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. Bus service is not currently available past this property, but service does reach the MSU-B City College Campus about a quarter of a mile east of the subject property on Central Avenue.

• Police: The Police Department stated that while this property is in close proximity to an existing patrol area, continued development and annexation will adversely affect the Department's ability to deliver services without additional resources.

• Public Utilities: The Public Works-- Distribution and Collection Division had no objection to the annexation request.

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no problems serving the property. However, the property will be expected to construct sidewalk along its Central Avenue frontage as a condition of annexation (See reference to the condition of a Development Agreement at the top of the City Facilities section of this memo).

• Public Works-Solid Waste: The Solid Waste Division had no concerns with annexing 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 property whether in the City or the County. Planning staff stated that this annexation petition was in line with the City's Annexation Policy and West Billings Plan for commercial node development at arterial street intersections.

Annexation of this property would adhere to the following goals, objectives and policies of the West Billings Plan:

• The West Billings Planning Area should contain commercial nodes of varying sizes located at the intersections of arterial streets (Planned Growth Goal, Page 17).
• Growth management and, and avoiding leapfrog development, shall primarily be accomplished through the orderly provision of public water and sewer services and the zoning of land, along with incentives for infill development within the City Limits (Planned Growth Goal, Page 23).

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

• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans (Land Use Element Goal, Page 6). 
• Contiguous development focused in and around population centers separated by open space (Land Use Element Goal, Page 6).