Yellowstone Meadows Partners submitted a petition to annex land they own using the provisions of Section 7-2-4600, MCA. The subject property is a portion of an unplatted tract of land at the southwest corner of the intersection of 54th Street West and Trail Creek Drive and totals about 6.4 acres. The property is undeveloped and does not have an address. The owners are requesting annexation in order to begin developing the property in the City for a church meeting house. The property is currently zoned Residential 9600.

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 April 11, the Council accepted the annexation petition for this property and set a public hearing date for May 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 via main lines in 54th Street West. Staff is recommending two conditions of approval for this annexation: that a Development Agreement be executed with the City to identify infrastructure improvements and timing of those improvements to serve the property; and/or that a Subdivision Improvement Agreement be signed and recorded between the property owner and the City to identify infrastructure improvements and timing of those improvements to serve the property through a subdivision platting process. Since this property is being developed for use as a church, the City may not realize property tax revenue, but will receive payment for fees and assessments for City services.

The subject property totals about 5.6 net acres. It is located at the southwest corner of the intersection of 54th Street West and Trail Creek Drive in West Billings. The property is vacant but the owner has submitted a Special Review application for a church use on the Residential-9600 zoned property. The City Council will review the Special Review for the church use after it acts on the annexation at its meeting on May 9.  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 border the eastern edge of the property.

PROCEDURAL HISTORY

• On March 16, 2016 the annexation petition was submitted to the Planning Division by the owner's agent
• On April 11, the City Council accepted the petition to annex the property and set a public hearing date for May 9
• On May 9, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On May 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 June 13, 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 April 22 and published in the Billings Times on April 21. 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 require 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 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 R-9600. The owner is going through a Special Review process for the property to allow a church use in a residential zoning district. The owner has submitted site plans for the church development for the Special Review process that indicates it will comply with zoning and site development regulations as well as any conditions imposed in the Special Review.

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 verify that the City was annexing all of the Trail Creek Drive right-of-way along the north boundary of the subject property.

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

• Water: This property is intended to be served by a water lines currently in 54th Street West. The subject property will be responsible for connecting and extending service lines at the time of development. 

• Sewer: The property will be served by sewer mains that run in front of the subject property in 54th Street West.The subject property will be responsible for connecting and extending service lines at the time of development. 

• Storm water: All of the storm water runoff from this property will need to meet the City of Billings requirements for storm water management. Any future development will follow the City of Billings storm water regulations. At the time of preliminary subdivision or development plan submittal, the developer will provide drainage plans and detail the specifics of the sites' storm water system.

• Transportation: The subject property may have access via 54th Street West and Trail Creek Drive. The property owner will have to work with City Public Works and Engineering staff to determine approved drive approaches to the property at the time of development or subdivision.

• 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 1501 54th Street West, about 3/4 of a mile south of the subject property on 54th Street West.

• Parks: The subject property is to be developed with a church meeting house and so park land is not likely to be an issue at time of development of this property. However, Cottonwood Park is located less than a 1/4 mile south of the subject property and, when it is developed, will be an amenity users of this property may enjoy.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. The Plan calls for bicycle lanes in the short term along 54th Street West and at the time of road improvements to 54th, the bike lanes could be installed. There is also a plan to construct pedestrian facilities along 54th Street West from Rimrock to Grand Avenue in this area. These improvements are expected to be completed in 2017 and include sidewalks and several pedestrian crossings to help connect the neighborhoods in the area to Cottonwood Park and the new middle school at 56th and Grand.

• School facilities: The subject property would be served by Billings School District #2.Billings School District #2 did not respond, but since this property is to be developed for a church use, so there should be no impact to schools in the area.

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 Fire Department in its comments above did note its concerns as additional property is annexed into the City.

• Transit: MET transit system operators have no objections to the annexation request. However, there is no bus service in the vicinity of the subject property. MET currently does not provide services west of Shiloh Road, about 1.7 miles east of the subject property. 

• Police: The Police Department staff stated that this property is near an existing patrol area and may be served with existing patrol resources.

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

• Public Works -Street and Traffic Division: The Street and Traffic Division stated that it has no concerns with serving the property. However, the road standards that will need to be met for 54th Street West and Trail Creek Drive will be defined in a Development Agreement prior to construction of the church project.

• Public Works-Solid Waste: The Solid Waste Division has 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 8 minutes. This property 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, and had no concerns with annexing the property.

• 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. The Planning Division staff was in support of annexation of the property as it is in the Red Area of Annexation, has access to City services, and has existing City Limits to the north across Rimrock Road, to the east across 54th Street West and to the south along 54th Street West.

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 Goal, Page 6). The use of the property as a church fits with neighborhood uses and land uses where churches serve people within residential neighborhoods as well as those from other areas of the community.
• New developments that are sensitive to and compatible with the character of the adjacent City neighborhoods and County townsites (Land Use Goal, Page 6). 

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

•  Ensure that new development is provided with adequate infrastructure and services, including sanitary sewer and storm water control (Page 24)
• Condition approval of new development in the West Billings Plan area on the ability to provide infrastructure and public services, including streets, sidewalks, curb, gutter or alternative standards, police fire, public water and sewer services (Page 26)
• Create developments in West Billings that are compatible with their surroundings and provide a safe and desirable environment for residents, shoppers, workers, and visitors (page 38).