Michael Sartorie, for owners Richard and Mae Sartorie, submitted a petition to annex land the family owns using the provisions of Section 7-2-4600, MCA. The subject property is a 5.4 acre parcel described as Tract 2B-2 of Amended Tract 2B, Corrected Certificate of Survey 840, Second Amended. The property is located west of Hawthorne Lane and north of Kyhl Lane in the Billings Heights. The property is vacant and has been used for agricultural purposes. The owner is requesting annexation in order to develop the property in the City for residential purposes as part of the Sartorie Subdivision, 2nd Filing. The owner has submitted a preliminary subdivision plat application in the City for the residential subdivision. The annexation schedule is designed to ensure the preliminary plat application comes to the Council later in July after the annexation has been acted upon.

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 June 26, the Council accepted the annexation petition for this property and set a public hearing date for July 10. 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 via an existing main in Sartorie Road to the south of the subject property. The property is also to be served by the County Water District of Billings Heights and will be served by a water main also in Sartorie Road for the Heights water system. 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; 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 be defined. Since this property is under preliminary plat review for a residential subdivision right now, it 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 5.5 acres. It is located west of Hawthorne Lane and north of Kyhl Lane in the Billings Heights. There is property inside the City Limits along the southern boundary of the property. The property has two homes located on it and has been used for agricultural activities. The property appears to meet some of the City's criteria in its Annexation Policy.

PROCEDURAL HISTORY

• On April 9, 2017, the annexation petition was submitted to the Planning Division by the owner's agent. Coordination of the timing of the review of the annexation petition and preliminary major plat application for a subdivision on the property delayed the schedule for consideration of the annexation petition. 
• On June 26, the City Council accepted the petition to annex the property and set a public hearing date for July 10.
• On July 10, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On July 24, 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 II will be conducted.
• On August 14, the City Council will conduct the second and final reading for the ordinance expanding the Ward II 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 June 20 and published in the Yellowstone County News on June 16. 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 an 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 sewer services to the property. The property is served by the County Water District of Billings Heights for water service. The Heights District is able to serve the subject 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 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 Heights Water District water main located in Sartorie Road at the south end of the subject property. The subject property will be responsible for extending a service main and connecting to the main at the time of development.

• Sewer: The property will be served by an existing sanitary sewer main located in Sartorie Road at the south end of the subject property. The subject property will be responsible for extending the sewer main and connecting to the main 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. City Engineering staff is working with the owner and their subdivision consultant to ensure the storm water system proposed for the subject property connects into the existing system in the previous development to the south.

• Transportation: The subject property will be served by Sartorie Road, a public road that abuts the subject property to the south and connects into Kyhl Lane. The property may access Hawthorne Lane at some time in the future, although portions of Hawthorne Lane in this area are private and no easement or right-of-way dedication exists. The specific development plans for the property also will be a factor in the future transportation infrastructure for 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 a 2 road miles west of the subject property.

• Parks: The subject property is planning for residential uses, so park land dedication or a cash-in-lieu contribution 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 or cash-in-lieu proposal.

• 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 Barrett Road and short-range bike lanes on Hawthorne Lane. The Kiwanis Trail corridor is west of the subject property and may be accessed via either Barrett Road or Savona Street via Kyhl Lane. The developer of the subject property may be required to contribute to improvements to Barrett Road or Hawthorne Lane in the future through the subdivision process or a SID. No improvements are planned at this time.

• 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 on schools in the area is expected. This property would be served by Bitterroot Elementary, Medicine Crow Middle School, and Skyview High School. It is expected that the addition of the new middle school in the Heights and the moving of 6th grade classes from the elementary schools to the middle schools may address capacity issues at 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. Three of MET Transit's Heights bus routes are within a 4-5 block walk of 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 close to an established patrol area, continued annexation and development will eventually adversely impact the Department's ability to deliver services.

• 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

As this property develops and provides connections to existing trails and street corridors in the area, it will provide safe routes for students to walk tor bike to nearby schools and utilize the Kiwanis Trail to access services in the Heights.

 Annexation of this property would adhere to the following goals, objectives and policies of the Billings Heights Neighborhood Plan: ‘To encourage infill development and housing development that meets residents’ desire to have similar housing within their neighborhood’.  Also ‘To provide safe, good quality and affordable housing in the Heights’.