Billings School District #2 submitted a petition to annex land that it owns, using the provisions of Section 7-2-4600, MCA. The subject property is  a portion of a certificate of survey tract totaling about 16.6 acres. The property is located south of Barrett Road just east of the intersection of Bench Boulevard and Barrett Road. The property is a portion of the new Medicine Crow Middle School property and is currently under development for athletic fields, parking and other facilities related to the new middle school operations. The owners are requesting annexation in order to continue development of the property in the City and ensure the entire new middle school site in within the City Limits. The property is currently zoned Residential-7000 and Billings School District #2 has submitted a zone change application to change the zoning to Public zoning to match the current zoning on the remaining middle school property to the west.  This application will come to the City Council at its second meeting in November.

The property is located within the five-year annexation area of the City's Limits of Annexation Map and appears to meet some 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 October 26, the Council accepted the annexation petition for this property and set a public hearing date for November 9. 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. Utilities may be extended from Bench Boulevard and Barrett Road. Staff is not recommending any conditions of approval for this annexation since infrastructure improvements are already underway and will be completed as per City standards and requirements. Since this property is being developed as a school, the City will not realize property tax revenue but will receive payment for fees and assessments for City services.

The subject property totals about 16 acres. It is located just east of the southeast corner of the intersection of Bench Boulevard and Barrett Road in the Billings Heights. The property is currently partly developed with facilities supporting the new Medicine Crow Middle School that shares the site. It is zoned R-7000 but a zone change application is in process to change the zoning to Public, which is the correct zoning for a school and any associated uses. The property is located within the five year annexation area of the City's Limits of Annexation Map and appears to meet some of the City's criteria in its Annexation Policy. The city limits are currently located on all four sides of the subject property, making it a County island.

PROCEDURAL HISTORY

• On September 30, 2015, the annexation petition was submitted to the Planning Division by the owner's agent.
• On October 5, 2015, a zone change application to change the zoning to Public zoning was submitted to the Planning Division by the owner's agent.
• On October 26, the City Council accepted the petition to annex the property and set a public hearing date for November 9.
• On November 9, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On November 23, 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 IV will be conducted.
• On December 14, the City Council will conduct the second and final reading for the ordinance expanding the Ward IV 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 October 23 and published in the Billings Times on October 22. 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 and are meeting 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 condition of annexation in the Resolution that the property owner enter into a Development Agreement with the City will ensure that the waiver is signed. 
5. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Residential 7000 and an application to change the zoning to Public so the school use complies with the zoning is in the review process.

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 is to be served by the County Water District of Billings Heights and not the City of Billings. Water is available from lines in either Barrett Road or Bench Boulevard. Any extension of water service to the subject property will be the responsibility of the property owner.

• Sewer: Access to sewer service for the property is from an existing sewer line in Barrett Road. Any extension of sewer service to the subject property will be the responsibility of the property owner.

• 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 Barrett Road. Access to the property will be from Barrett Road. Traffic impacts have already begun to be evaluated as the new Middle School has been under construction. Additional right-of-way for Barrett Road is going to be required by the City and the property owner has already been informed of this.

• 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 property is also already partially developed with the Medicine Crow Middle and associated facilities under construction. 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 #6, located at 1601 St. Andrews, about 1.5 miles west of the subject property.

• Parks: The subject property is a school.  It is expected that most of the property will remain as school and school-related uses, so while no park land would be dedicated in the future, the open space and fields at the school may be utilized by the community for outdoor recreation.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. The Plan calls for a bike lane on Barrett Road past the subject property. When Barrett Road is improved to City standards in this area, bike lanes will be installed.

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 and Police below) 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 currently available near this property, with three routes that go by it.

• Police: The Police Department stated that this property is in an established patrol area. However, staff also stated that continued annexation and development has adversely affected the Departments ability to respond and additional resources would be beneficial.

• 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, but pointed out that State Law allows the property owner to choose what garbage hauler may service the property after it is in the City. 

• 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 9 minutes; this annexation may be 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 had no concerns with this annexation and the Legal Department did not provide a response at the time this memo was drafted.

• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve the property whether it is in the City or the County.

Annexation of this property would adhere to the following goals of the Billings Heights Neighborhood Plan:

• Construct or acquire a community facility for activities and events in the Height (Community Facilities and Neighborhood Character Goal, Page 21) A new school in the City provides the potential for community events and indoor and outdoor gathering spaces for school and non-school events.
• To provide a variety of recreational activities and facilities to Heights residents (Parks and Recreation Goal, Page 26). The subject property will provide open space, playground facilities and access to the adjacent Kiwanis Trail Corridor for residents of the Heights and the grater community.

• To educate and inform Heights residents on projects, future plans and discussions held by School District #2. To inform the School District on concerns, questions and recommendations residents have concerning education in the Heights (Schools and Education Goal, Page 29). The planning for the new middle school under construction on this property went through extensive public discussions and input processes to determine its location and facility design, brining a new school facility where one was needed in the community.

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

• Promote excellence in education and safe and healthy school facilities (Economic Development Goal, Page 8).
• Coordinated land use and facility planning among local governments, school districts, and private industries (Public Facilities and Service Goal, Page 14).