Staff recommends that the City Council approve the development agreement with Aviation Properties.

At the February 22, 2021 meeting, City Council will consider annexation of Certificate of Survey 2037, Tract 14A and Certificate of Survey 1889 Tracts 1A and 1B.  Certificate of Survey, Tract 14A is being created with a lot line adjustment being done in the county prior to annexation.  Attached is a copy of that plat.  The properties proposed to be annexed are located north of Highway 3 and west of the airport.  Aviation Properties desires to develop the property as a commercial development.  Typically, as a condition of approval of the annexation, the property owner is to enter into a development agreement with the City of Billings outlining necessary public improvements. The property owner has submitted the attached Development Agreement and the Council will consider whether to approve the agreement. 

City Council may:

• If the annexation is approved, then approve the development agreement with the property owner; or
• Disapprove the development agreement.  If the agreement is not approved, the responsibility for infrastructure improvements would be in accordance with policies in place at the time of development.  

The financial impact of this agreement is dependent on policy changes that may occur before development.  If development occurs before any changes to the City's development policies, there would be no financial impact.  If development occurs after City development policies change, the financial impact would be dependent on the changes.