Staff recommends that the City Council approve the development agreement with BCJM Properties, LLC.

At the February 22, 2021 meeting, City Council will consider annexation of the Certificate of Survey 2317 2nd Amended,Tract 2A-1.  The property is located south of Mary Street and west of Bitterroot Drive.  The property owner desires to subdivide the land as a residential subdivision.  Their intention is to submit for subdivision review in the spring of 2021.  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 owners submitted the attached development agreement and the Council will consider whether to approve the agreement.  The development agreement outlines required improvements if this property were to develop without subdividing.  When a subdivision is submitted, the property owners will enter into a Subdivision Improvements Agreement outlining required improvements.

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.