Sanderson Stewart on behalf of property owner Janet R. Bergman, submitted a petition to annex land she owns using the provisions of Section 7-2-4600, MCA. The subject property is about 17 acres in size and described as Tract 3 and a portion of Tract 4 and Tract 5, Certificate of Survey 1648. The property is located west of Shiloh Road and south of Central Avenue between Central Central Avenue and Bell Avenue just west of Legends West Subdivision. The property is vacant and has been used for agriculture. The owner is requesting annexation in order to sell the property and allow residential development in the City. The property is the subject of a zone change application from Agricultural Open Space to Residential-7000 zoning and the City Council will consider this annexation before it may act on the zone change request. 

The property is located within the City Annexation Petition Area on 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 November 14, the Council accepted the annexation petition for this property and set a public hearing date for November 28. 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 existing mains in Central Avenue. Staff is recommending the two standard 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 dedication of road right-of-way will be required before development occurs for Central Avenue and Bell Avenue; and/or that a Subdivision Improvement Agreement through a subdivision platting process be signed and recorded between the property owner and the City to identify infrastructure improvements and timing of those improvements to serve the property, and dedication of road right-of-way for Central Avenue and Bell Avenue. Since this property is expected to be developed for residential uses at medium density, the City will receive property tax revenue and payment for fees and assessments for City services.

The subject property totals about 15 acres, less road right-of-way. It is located west of Shiloh Road and south of Central Avenue between Central Avenue and Bell Avenue, just west of Legends West Subdivision. There is property inside the City Limits along the eastern boundary of the property. The property is currently used for agricultural activities. The property appears to meet some of the City's criteria in its Annexation Policy.

Montana Code Annotated §7-2-4211 requires that the City annex the entire right-of-way of Central Avenue and Bell Avenue that is adjacent to the subject property. Central Avenue adjacent to this property is a road tract and will be annexed with the subject property. Bell Avenue adjacent to this property is a County Road Easement and runs across property owned by the applicant and two other property owners. Staff has provided information to the three owners regarding the annexation of the Bell Avenue road easement and the option to either quit claim the 30-foot-wide road easement to the City or retain the property under the road easement and have the easement portion annexed as part of this annexation. Given the timing of this annexation petition process and schedule in coordination with the zone change application, it is expected that if the property owners decide to quit claim the road easement to the City, the City Council will be asked to accept the property transfer at a future meeting. If the property owners decide not to quit claim the road easement portion of the property and retain it, the portion of the property that is under the road easement for Bell Avenue will be in the City and subject to City taxes and assessments. 



PROCEDURAL HISTORY

• On October 4, 2016, the annexation petition was submitted to the Planning Division by the owner's agent
• On November 14, the City Council accepted the petition to annex the property and set a public hearing date for November 28.
• On November 28, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On December 12, if the City Council approves the annexation resolution, a public hearing and first reading of an ordinance to include the property in City Council Ward V will be conducted.
• On December 19, 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 10 and published in the Billings Times on November 10. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although Montana Code does not require the City to prepare a provision of public services plan for Annexation by Petition (Section 7-2-4600, MCA), it is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities, and information on how services will be provided to the property after annexation. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the City's Annexation Petition Area on its Limits of Annexation Map.
2. The City is able to 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 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 Agricultural Open Space but the owner has a concurrent zoning application that the Council is expected to consider after acting on this annexation that would change the zoning to Residential-7000. Any development of the property would comply with the zoning regulations.

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 intended to be served by a water main located in Central Avenue at the north boundary of the property. The subject property will be responsible for extending a service main and connecting to the main at the time of development. Since the property fronts Central Avenue, a water main must be run to the western property boundary.  A water line also exists in Bell Avenue and will need to be extended to the western boundary of the property. The developer may enter into a reimbursement agreement so that when adjacent properties connect to the water main the developer may be reimbursed for some of the main extension costs.

• Sewer: The property will be served by an existing sanitary sewer main located in Central Avenue across the north boundary of the property. The subject property will be responsible for extending the sewer main and connecting to the main at the time of development.  Since the property fronts Central Avenue, and a sewer main must run to the western property boundary, the developer may enter into a compensation agreement with the City for the upsizing of the sewer main. 

• 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.

• Transportation: The subject property fronts Central Avenue and Bell Avenue road right-of-way. The property is expected to have access from Central Avenue and Bell Avenue. The specific development plans for the property also will be a factor in the traffic access and circulation into and out 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 #7, located at 1502 54th Street West, about a 0.5 road mile northwest of the subject property.

• Parks: The subject property is planning for residential uses, so park land dedication is expected to apply during the subdivision or development review process. If the property does develop with residential uses, the Billings Parks, Recreation and Public Lands Department staff will review the proposed park areas.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. The Plan identifies a long-range plan for bike lanes on Central Avenue along the frontage of this property. The developer of the subject property will be required to either build or make contributions to frontage improvements on Central Avenue that will include pedestrian and bike facilities. The property also may access the existing multi-use pathway along the west side of Shiloh Road via Bell Avenue or Central Avenue. 

• School facilities: The subject property would be served by Billings School District #2 for elementary, middle school and high school. The property is expected to develop for residential uses and so demand for additional classroom space is expected.  While the District is completing construction and redistricting efforts to address school capacities, this property would be served by Big Sky Elementary, which is over capacity now; Riverside Middle School, which has capacity now; and West High School, which is over capacity now. It is not clear if completion of the redistricting and new school construction will address the schools capacity in this 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, the closest bus service to this property is less than 1/4 mile to the east at the intersection of Shiloh Road and Central Avenue, so there is usable service to this property.  There is no current plan to provide bus service closer to this area.

• Police: The Police Department staff stated that while the Department can serve the area as it is already covering areas in the City nearby, continued annexation and development may adversely affect the Department's ability to deliver services in the future without additional 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.

• 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 which 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 did not provide any comments with the request.

• 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 supports the annexation because the property is in the City Annexation Petition Area, has access to City services, is in an area that in the long term should develop to City standards, and with the proposed density of the residential zoning is expected to bring in more revenue to cover the costs of delivering services to the property. 

 Annexation of this property would adhere to the following guidelines of the 2016 City of Billings Growth Policy:

• Strong Neighborhoods: Implementation of the Infill Policy is important to encourage development of underutilized properties

The property is currently outside the City Limits but is within the limits of annexation. The proposed zoning of the property is a more efficient use of property for the extension of city services, and supports a variety of housing choices.

• Mobility and Access: Connecting people to places with transportation choices is vital to the well-being of Billings’ residents, businesses and visitors

The property is within ¼-mile of the Shiloh Road Corridor that provides a continuous and connected bike trail, access to public transit as well as transportation by private vehicle in and around the City of Billings.

 Annexation of this property would adhere to the following goals, objectives and policies of the 2001 West Billings Plan:

• Increase residential densities within the West Billings planning area by approving requests for residential zoning that are consistent with this plan. (Planned Growth Goal 1, Policy K, Page 21) The proposed zoning of Residential-7000 provides for a density greater than what would occur in the County and also greater than the Residential-9600 zoning that is common in West Billings.
• Ensure that new development is provided with adequate infrastructure and services, including sanitary sewer and storm water control.  (Planned Growth Goal 1, Policy Q, Page 24) The annexation of the subject property will ensure that it is built to City standards for water, sewer, storm water, and transportation infrastructure.