Amy Iwata, Trustee of Amy Iwata Revocable Trust, submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The subject property is Lot 22-A of Corrected Certificate of Survey No. 2727M, totaling approximately 4.70 gross acres. The property is zoned Neighborhood Commercial (NC) and is currently vacant. The parcel is located northwest of the intersection of Shiloh Road and Central Avenue. The owners are requesting annexation in order to begin developing the property in the City in conformance with the existing zoning. An application for Special Review 981 to allow a car wash is being processed concurrently with this petition.

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.

Council's action on the petition on annex property has no direct impact on the Planning Division budget.

The subject property is 5.818 gross acres. It is located northwest of the intersection of Central Avenue and Shiloh Road. It is in an area of the County that the City included in its Limits of Annexation Map for future annexation and is adjacent to the already existing city limits.

The annexation petition process is scheduled as follows:

• On January 6, 2020, the annexation petition was submitted to the Planning Division by the owner's agent.
• On February 24, 2020 the City Council will conduct the public hearing for the annexation and may take action on the request.
• On February 24, 2020, 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 March 9, 2020, the City Council will conduct the second and final reading for the ordinance expanding the Ward V boundary.

It should be noted there are concurrent items associated with this annexation all to be considered by Council at this meeting: Special Review  981, Development Agreement, and Ward Boundary Ordinance.

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 January 31 and published in the Yellowstone County News on February 7th and February 14th, 2020. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although MCA, Sections 7-2-4400 through 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 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. The Police Department in its comments did note its concerns as additional property is annexed into the City.

• Water: The property will be served by existing facilities. No extension of services is required to service the property. Water is located in both Central Avenue and Shiloh Road.

• Sewer: The property will be served by existing facilities. No extension of services is required to service the property. Sewer is located in Shiloh Road.

• 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 is adjacent to Shiloh Road. Proposed access to the site is via a shared existing approach located on Shiloh Road. The developer will be required to identify and mitigate all traffic impacts at the time of development review. It is likely Public Works will impose access restrictions on the driveway located on Central Avenue.

• 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 occur, additional fire department resources will be needed. The nearest fire station is Station #7. Response time is estimated at 5 minutes. Additionally, Station #5 is estimated at a 6 minute response time.

• Police: The Police Department has stated there would be a need to increase staffing, changes in patrols or shifts or equipment to adequately serve the property, if annexed. Further, it was stated “continued development and annexation without commensurate resources has affected the PD’s ability to deliver service.”

• Parks: The subject property is to be developed with a commercial use, therefore parks should be minimally impacted.

• School facilities: The subject property is zoned Neighborhood Commercial and the intended development is a car wash. The School District did not provide any concerns related to the request.

General City Services: These are the City services that are provided to all residents and businesses in the City, such as transit, street and storm drain maintenance, and garbage collection and disposal. The service providers that responded did not object to the annexation of this property,

• Transit: MET services are available at Shiloh and Central and east of Shiloh and Central.

• 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 City Annexation Petition Area, has access to City services, and is in an area where urban development in the City is expected in the future.