Don Sampson, on behalf of Billings Opportunities, LLC has submitted a petition to annex two parcels using the provisions of Section 7-2-4600, MCA. The subject property is a 42.035 gross acres and described as Zimmerman Home Place Subdivision, First Filing, Lot 1, Block 4 and Lot 1, Block 5. The property is located west of Zimmerman Trail and north of Grand Avenue on the west end. The property is part of a vacant commercial subdivision and has been used for agricultural purposes. The owner is requesting annexation in order to develop the property in the City as a Town Pump.

The property is located within the City Annexation Petition Area on the City's Limits of Annexation Map and appears to meet 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 the time of public hearing.

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 adjacent rights-of-way. Staff is recommending two conditions of approval; that prior to site development, a Development Agreement and/or Subdivision Improvements Agreement accompanied by a Waiver of Right to Protest be in place.  The City will receive property tax revenue and payment for fees and assessments for City services.

The subject property totals 42.035 gross acres. It is located west of Zimmerman Trail and north of Grand Avenue on the west end. There is property inside the City Limits along the eastern boundary of the property. The property is part of a commercial subdivision but has been vacant and used for agricultural activities. The property meets the City's criteria in its Annexation Policy.

PROCEDURAL HISTORY

• On February 21, 2018, the annexation petition was submitted to the Planning Division by the owner's agent.
• On May 14, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On May 28, 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 June 11, 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 April 27 and published in the Yellowstone County News on April 27th and May 4th. 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 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. 
5. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Community Commercial with a portion of Lot 1, Block 4 being zoned Neighborhood Commercial. 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: All future water mains serving this property will be extended by private contract.

• Sewer: All future sanitary sewer mains serving this property will be extended by private contract.

• 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. The developer will be required to meet all storm water requirements at the time of development.  

• Transportation: The developer will be required to identify and mitigate all traffic impacts at the time of development.

• 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 Department stated that as these annexations occur, additional fire department resources will be needed.

• Parks: The closest park is about 0.6 miles away. Peter Yegen Golf Course is across Grand Avenue to the south. As this area further develops parkland will likely be identified to serve this parcel. A PMD is not required at this point.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. A shared use path is existing along the eastern boundary of the subject property on the east side of Zimmerman Trail and a shared use path is also on the south side of Grand Avenue along the southern boundary of the subject property. Upon development, sidewalks will be constructed on internal streets in the development to connect to the existing sidewalks on Zimmerman Trail and Grand 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 commercial uses and so demand on schools in the area is not expected. This property would be served by Boulder Elementary, Will James Middle School, and Senior High School.

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. MET Transit's Grand Avenue bus route 5 already passes by the property on Grand Avenue.

• 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 development 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: Walkable neighborhoods that permit convenient destinations such as neighborhood services

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

• 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, it will help provide connections to existing pedestrian and vehicle transportation networks in the area. Annexation of this property would adhere to the following goals, objectives and policies of the West End Plan: ‘Shorten automobile trips by locating non-industrial commercial development in close proximity to residential areas' and 'limiting community commercial centers to appropriate intersections of arterial streets and spaced no less than two miles apart.'