Staff recommends the City Council hold a public hearing and annex the petitioned property with the staff recommended conditions of approval.

BCJM LLC submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located at the northeast corner of Hawthorne Lane.The property is described as The remainder of Tract 2A-1, of Certificate of Survey No. 2317, 2^nd Amended, recorded June 9, 2005, under Document No. 3335995, on file and of record in the Records of Yellowstone County, also being Yellowstone County islands wholly surrounded by the City of Billings city limits created by Resolution No. 85-14995, as approved by the City of Billings City Council August 5, 1985, Resolution No. 93-16756, as approved by the City of Billings City Council October 4, 1993 and Resolution No. 03-18013, as approved by the City of Billings City Council August 25, 2003.

The property contains16.741 gross and net acres. The property is currently zoned Agricultural Open Space. The petitioner is also seeking a zone change to R-7000 which would become N2. On February 2, after conducting a public hearing, the City Zoning Commission recommended approval of Zone Change 988. In order for the Council to consider action on ZC988, the Resolution of Annexation must first be approved.

Although MCA 7-2-4600 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.

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 and Sanitary Sewer: Water is within the Heights Water District and Sanitary sewer is available through the existing sewer system serving Bitterroot Height Subdivision. 

• Storm water: City storm drain is available for this development via the existing infrastructure installed with the last phase of the development.  Future development would need to meet the requirements of the Stormwater Management Manual.

• Transportation: The area, when developed, will be responsible for adding 4' of pavement to Hawthorne Lane. Additionally, Strapper Lane will be improved and extended to provide access to the site as well. These improvements are not required as a condition of annexation, rather they will be required with future development as the Subdivision Regulations require. 

• 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 Fire Station #6, located on Wicks Lane, about 2.65 road miles north of the subject property.

• Parks: It is anticipated if the zone change and annexation are approved, an application for subdivision will follow. Residential subdivisions require the developer provide parkland dedication or a cash-in-lieu contribution. Dedication and maintenance will be handled through the Subdivision Improvement Agreement.

• School facilities: It is anticipated over time this area will develop as a residential use. School District No. 2 will serve the development.

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. 

• Transit: The closest route to this location is located at Pemberton and Bench. As with other areas of the Heights, MET Transit anticipates demand in this area. 

• 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. Continued expansion without commensurate resources will affect the department's ability to delivery 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 this proposal is in accordance with the annexation policy. This area is immediately adjacent to existing city limits and existing residential development. 

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 February 5 and published in the Yellowstone County News on February 5 and 12. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

The City Council may approve or deny the petition for annexation. Denial of the petition will mean the City Council cannot consider amendments to the Ward II boundary, concurrent development agreement and Zone Change 988.

• On January 5, 2021, the annexation petition was submitted to the Planning Division by the owner's agent. A delay in the application was requested so the annexation petition and zone change could be considered concurrently.
• On February 22, 2020 the City Council will conduct the public hearing for the annexation and may take action on the request.
• On February 22, 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 II will be conducted.
• On March 8, 2021, the City Council will conduct the second and final reading for the ordinance expanding the Ward II boundary.

The item has no impact on the Planning Division budget.