McCall Development, Inc. submitted a petition to annex land they own using the provisions of Section 7-2-4600, MCA. The subject property is proposed Annafeld Subdivision, 2nd and 3rd filings, totaling approximately 45.39 gross acres. The property is being used for agriculture at this time, however, the Planning Board has reviewed and recommended conditional approval of the proposed Annafeld Subdivisions, both 2nd and 3rd filings. This proposed annexation boundary aligns with the boundaries of the proposed subdivision. The area is located west Annafeld Subdivision, 1st Filing and south of Elysian Road and east of East Lane. The owners are requesting annexation in order to begin developing the property in the City under an already approved Planned Development Zoning District and with two City Major Subdivisions, which are going through the preliminary platting process concurrently with this application. The property is currently zoned Planned Development for a mixture of residential and commercial uses.

The property is located within the annexation petition 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.

City Council may:

• Approve the petition; or,
• Deny the petition. Denial of the annexation petition would impact the Council's ability to act on the preliminary major plats of Annafeld Subdivision, 2nd and 3rd filings, as the property would not be included in the City Limits.

The City is able to provide municipal water and sewer to the subject property via public lines in Elysian Road and through an easement on the subject property. Staff is recommending one condition of approval; 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 the concurrent subdivision platting process.

The subject property totals about 45.39 acres. It is located south of Elysian Road and east of East Lane. It is in an area of County that the City included in its Limits of Annexation Map for future annexation and adjacent to the already existing Annafeld Subdivision, 1st filing. Trunk lines are located in Elysian Road. The property is currently used for agricultural activities. The annexation petition process is scheduled as follows:

• On January 24, 2019, the annexation petition was submitted to the Planning Division by the owner's agent.
• On April 22, 2019 the City Council will conduct the public hearing for the annexation and may take action on the request.
• On May 13, 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 III will be conducted.
• On May 28 the City Council will conduct the second and final reading for the ordinance expanding the Ward III 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 1 and published in the Yellowstone County News on April 5 and April 12th. 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 City's Annexation Petition Area on its Limits of Annexation Map.
2. The City is able to provide adequate city services within a time period mutually agreed to by the property owners requesting annexation and the city.
3. Existing or 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 Planned Development. 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. 

• Water: This property is intended to be served by a trunk water line currently in Elysian Road across the north boundary of the property. The subject property will be responsible for connecting and extending service lines at the time of development. 

• Sewer: The property will be served by an existing sanitary sewer line that is located in Elysian Road at the northern border of the property. The subject property will be responsible for connecting and extending service lines at the time of development via 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. A preliminary subdivision submittal is in review for the subject property and the developer has provided preliminary drainage plans and details of the sites' storm water system.

• Transportation: The subject property fronts Elysian Road and will have access from Elysian Road. The proposed development of the property allows for future street connections to 1^st filing and westerly to East Lane.

• 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 this and other annexations are built out, additional fire department resources will be needed. The nearest fire station is Station #5, located at 604 South 24th Street, about 2.5 road miles north of the subject property.

• Parks: The subject property is to be developed with residential and commercial uses. Significant park land development was part of Annafeld Subdivision, 1^st filing. The Billings Parks, Recreation and Public Lands Department staff will require the expansion of the PMD that was created as part of 1^st filing. This is a condition of subdivision approval proposed for Annafeld 2^nd and 3^rd filings.

• School facilities: The subject property would be served by Elysian School and Billings School District #2.

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 currently operates Route 13 which travels down Mullowney Lane to Elysian Road which is approximately ½ mile away. MET has no plans to adjust the route at this time.

• Police: The Police Department staff stated that while additional patrol staff have been approved, continued annexation without additional resources may affect response times and 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 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 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.

• 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 Red Area of Annexation, has access to City services, and is in an area close to the Yellowstone River where development on municipal services reduces the impact to groundwater or surface water.