Propriedad, LLC submitted a petition to annex land that it owns, using the provisions of Section 7-2-4600, MCA. The subject property is located at 517 Lincoln Lane and is a unplatted portion of a Section totaling about 2 acres. The property is located on the east side of Lincoln Lane just north of Orilla Street at the terminus of Griffing Drive. The property currently has one residence located on it. The owner is requesting annexation to develop the property at urban densities. The property is zoned Residential Multi-Family Restricted.

The property is located within the five-year annexation area of the City's Limits of Annexation Map and appears to meet most 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 23, the Council accepted the annexation petition for this property and set a public hearing date for December 14. 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 sewer to the subject property, while the County Water District of Billings Heights would supply water. Utilities may be extended from Lincoln Lane. Staff is recommending two standard conditions of approval for this annexation; either a Development Agreement or Subdivision Improvement Agreement be executed between the property owner/developer and the City to ensure infrastructure is installed per City standards and requirements. The City will realize property tax revenue and will receive payment for fees and assessments for City services if the property develops in the City with higher density residential development under its current zoning.

The subject property totals about 2 acres. It is located at 517 Lincoln lane in the Billings Heights. The property currently  is partly developed with one house. It is zoned Residential Multi-Family Restricted and will retain this zoning if annexed. 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 the north and west sides of the subject property.

PROCEDURAL HISTORY

• On October 9, 2015, the annexation petition was submitted to the Planning Division by the owner's agent.
• On November 23, the City Council accepted the petition to annex the property and set a public hearing date for December 14.
• On December 14, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On December 21, 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 I will be conducted.
• On January 11, the City Council will conduct the second and final reading for the ordinance expanding the Ward I 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 25 and published in the Billings Times on November 26. 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 sewer services to the property and the property is in the service area of the County Water District of Billings Heights for municipal water.
3. Any proposed public improvements within the area to be annexed will 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 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 Multi-Family Restricted.

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 Lincoln Lane. 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 Lincoln Lane. 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 Lincoln Lane and there is right-of-way for Griffing Drive that comes to the southeast corner of the property. Access to the property is expected to be from Lincoln Lane and may also utilize Griffing Drive, but Griffing would need to be constructed for it to be used as an access in this area. Lincoln Lane also is not built to City standard in this area but will likely be reconstructed in a single project in the future with property contributions for construction. Traffic impacts will be evaluated at the time of redevelopment of the property.

• 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 #6, located at 1601 St. Andrews, about 2 miles northwest of the subject property.

• Parks: The subject property is zoned for residential development and so parkland may be required at time of development depending on whether the property is subdivided or not. The property will pay into the City-wide Park District if annexed, contributing to park maintenance, park land acquisition, and facility construction over time.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. The Plan does not call for any facilities on Lincoln Lane. At the time of reconstruction of Lincoln Lane to City standards, boulevard sidewalks will be constructed and bike lanes may be considered.

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 but provided some comments on the level of services that may be provided.

• Transit: MET transit system operators have no objections to the annexation request. Bus service is currently available about 3-4 blocks to the west on Main Street. There are five bus routes that are available on the Main Street corridor.

• Police: The Police Department stated that this property is in an established patrol area and may be served.

• 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. Planning staff did comment that annexation of this property supports the City's Infill Development Policy since much of the property nearby is already in the City and City services are already available.

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

• To provide safe, good quality and affordable housing in the Heights. Develop housing patterns that are compatible with existing neighborhoods. Encourage high density multi-family development along arterial routes. Maintain similar housing established neighborhoods (Land Use Goal, Page 19).
• Encourage infill housing (Housing Goal, Page 26).

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).
• More housing and business choices within each neighborhood (Land Use Element Goal, Page 6)
• Contiguous development focused in and around existing population centers separated by open space (Land Use Element Goal, Page 6).