Owner Billings Clinic 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 80 acres. The property is located at the southwest corner of the intersection of Shiloh Road and Broadwater Avenue and is used for agricultural production at this time. The property owner is requesting annexation in order to obtain City services for development of the property in the future. The property is currently zoned Agriculture Open-Space and the Billings Clinic has applied for a zone change running concurrently with this annexation request to rezone the property to Planned Development with an underlying zoning of Community Commercial with special provisions for medical services, complementary uses, and residential development.

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 January 12, the Council accepted the annexation petition for this property and set a public hearing date for January 26. At this meeting, the Council will conduct the hearing and decide if it will annex the property. The zone change is running through the process and a public hearing and action on it will follow the annexation action by the City Council at the this meeting. 

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. Utilities may be extended from Shiloh Road. Staff is recommending the standard two conditions of approval for this annexation that a Development Agreement or Subdivision Improvement Agreement be executed with the City before development occurs on the property to identify infrastructure improvements and timing of those improvements to serve the property. The owners do not have immediate plans to develop the property but wish to access City services for the property for future planning.

The subject property totals about 80 acres. It is located at the southwest corner of the intersection of Shiloh Road and Broadwater Avenue. The property is currently used for agricultural production. It is zoned Agricultural Open Space but a zone change is being processed concurrently with this annexation to enable future development in the City. 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 along Shiloh Road.

PROCEDURAL HISTORY

• A pre-application neighborhood meeting for a zone change application to Planned Development was held at Faith Chapel on July 22, 2014
• On October 31, 2014, the annexation petition was submitted to the Planning Division by the owner. Since a zone change application to Planned Development was also submitted, the annexation petition schedule was aligned with the zoning schedule so the applications could run concurrently.
• On November 3, 2014, a zone change application was submitted to change the property zoning from Agricultural Open Space to Planned Development with an underlying zoning of Community Commercial (CC) with special provisions for medical services, complementary uses and residential development.
• On December 16, 2014, the Preliminary Review Meeting for the Planned Development Zone Change with surrounding owners, the applicant, and city staff was conducted
• On January 6, 2015, the City Zoning Commission conducted a public hearing on the zone change application and recommended approval to the City Council.
• On January 12, 2015 the City Council accepted the petition to annex the property and set a public hearing date for January 26.
• On January 26, the City Council will conduct the public hearing for the annexation and may take action on the request. If the annexation moves forward, the Council will also conduct a public hearing and consider the zone change application at its meeting on January 26.
• On February 9, 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 February 23, 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 January 9 and published in the Billings Times on January 8. 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 water and sewer services to the property.
3. Any proposed public improvements within the area to be annexed must meet City standards.
4. All property owners within the area to be annexed must sign a Waiver of Right to Protest future Special Improvement Districts. The proposed conditions of annexation in the Resolution that the property owner enter into a Development Agreement or Subdivision Improvement Agreement with the City prior to development of the property will ensure that the waiver is signed. 
5. If annexed, any proposed land use will comply with the zoning. (The property is currently zoned Agriculture Open-Space and the Billings Clinic has applied for a zone change running concurrently with this annexation request to rezone the property to Planned Development with an underlying zoning of Community Commercial with special provisions for medical services, complementary uses, and residential development.)

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 did not respond to this annexation request. 

City Facilities:
Specific comments from City Departments are provided below:

• Water: This property may be served by existing water lines in Shiloh Road.

• Sewer: Access to sewer service for the property is available on the west side of Shiloh Road.

• Storm Water: 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 Shiloh Road and road right-of-way or easements for the Broadwater Avenue frontage on the north and the Howard Avenue frontage on the south. Access to the property currently is from Shiloh Road but future access is anticipated also from Broadwater Avenue and Howard Avenue. Traffic impacts will be identified during the site development process and mitigating measures developed at that time.

Broadwater Road Easement: A 30-foot road easement for the Broadwater Avenue alignment runs along the adjacent property to the north on the border of the subject property. The City is required by State of Montana Code to annex all adjacent road rights-of-way into the City Limits when it annexes property. Montana Code Annotated §7-2-4211 provides that in all cases of annexations of property, the city “shall include the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed.”  This law, enacted by the 2003 session of the Montana Legislature, requires the City to annex the road easement for Broadwater Avenue in this area since it is adjacent to the property proposed to be annexed on the south side of the Broadwater Avenue alignment. Staff has had ongoing discussions with the property owner regarding the options of the City annexing the easement and the property remaining under private ownership until development of Broadwater Avenue occurs in this area, or deeding the easement to the City now with no change in the use of the property until Broadwater Avenue is constructed. The owners has not informed staff of a final decision when this memo was prepared and so the road easement is currently included for annexation with the property owner retaining ownership at this time. Since there will be no assessments to the annexed road easement property until November 2016 if the annexation occurs in January 2015, there is adequate time for the owner and staff to complete a deed process for the easement to the City, if this is the property owner's desire.

• 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 2.5 miles northwest of the subject property.

• Parks: The subject property is expected to be zoned Planned Development with underlying commercial and mixed uses allowed. It is expected that most of the property will be developed for commercial and medical campus uses, but if residential development does occur, park land dedication will be required in the future.

• 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 Broadwater Avenue past the subject property. When Broadwater is improved to City standards in this whole area, bike lanes will be installed. Further, the City will require that the property owner install boulevard sidewalks for pedestrian access and safety along the property's Broadwater and Howard avenue frontages, as well as on internal streets in the future development.

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, however the Police and Fire (See Fire comment above) departments did express concerns with providing additional services in newly annexed areas without additional resources.

• Transit: MET transit system operators have no objections to the annexation request. Bus service is not currently available near this property, with the closest service about half a mile east of the subject property at the intersection of Broadwater Avenue and 36th Street West.

• Police: The Police Department stated that while this property is in close proximity to an existing patrol area, continued development and annexation will eventually affect the Department's ability to deliver services unless it obtains 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.

• 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 would provide a good return on investment for the Shiloh Road improvements as well as other area improvements like the Broadwater trail connection between Shiloh Road and Zimmerman Trail to be built in 2015.

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).