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Item 9.
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| City Council Regular | |
| Date: | 03/22/2021 |
| Title: | Public Hearing and Resolution- Annexation 21-02 |
| Presented by: | Monica Plecker |
| Department: | Planning & Community Services |
| Presentation: | Yes |
RECOMMENDATION
Staff recommends the City Council hold a public hearing and annex the petitioned property with the staff recommended conditions of approval.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Crown Enterprises, Inc. submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located south of the South Frontage Road, East of East Lane and North of Elysian Road and West of Hogan's Slough. The property is legally described as Lot 5A, of Amended Plat of Lots 2, 3, 4, and 5 of, QFC Subdivision, First Filing, recorded September 09, 2020, under Document No. 3937860, on file and of record in the Records of Yellowstone County. Including all adjacent rights-of-way of South Frontage Road, Interstate 90, Hogans Slough and Bike Path Right-Of-Way as shown and dedicated within QFC Subdivision, First Filing, recorded May 15, 2019, under Document No. 3882956, on file and of record in the Records of Yellowstone County. The annexation contains 19.240 gross and 16.000 net acres. The property is zoned Heavy Commercial (CX).
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:
Departmental Response: City and County Departments were given the opportunity to comment on this annexation. City departments responded favorably and their responses are provided below. The County Public Works Department did not respond to this annexation request.
•Water and Sanitary Sewer: Public water and a sanitary sewer mains exist in right-of-way nearby. Specifically, the Lot will be served by a new water main in the South Frontage Road right-of-way. The 12-inch water main will extend from the tie-in point on East Lane to the east lot line of the annexed parcel. Additionally, the Lot will be served by extending a new appropriately sized sanitary sewer main in the existing right-of-way along the east boundary of the QFC Subdivision. The sanitary sewer main will extend from the tie-in location near Elysian Lane to the north lot line. A Development Agreement is required as part of this annexation and Council will consider the proposed agreement following action on this petition.
• Storm water: There is no City storm drain available in the area. The owner will manage storm drainage on the site in accordance with the City of Billings Stormwater Management Manual (2018).
• Transportation: Lot 5 of QFC Subdivision will be accessed by way of approaches along the Frontage Road. Said approaches must be reviewed and approved by the Montana Department of Transportation (MDT) and City of Billings, who may require a traffic impact study at the time of development. Traffic studies are required if the development meets the criteria that is part of the Site Development ordinance and Subdivision Regulations (500 trips per day). For this site, the developer is required to construct a 10’ multi-use trail along the south side of the Frontage Road.
• 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 Fire Station #5, located on 24th Street West, about 2.18 road miles from the subject property.
• Parks: The subject property is to be developed with commercial uses. If or when subdivision occurs, no parkland dedication will be required as subdivision regulations do not require dedication or cash-in-lieu for commercial subdivisions.
• School facilities: The subject property being a commercial development has no direct impact on schools.
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 both the Fire Department and Police Department in comments did note concerns as additional property is annexed into the City.
• Transit: Expansion in outlying areas does create a burden for MET transit. MET does not currently have a route serving the property. The closest routes are 13-Westend and 19-The Loop, both of which travel along Mullowney Lane/King Ave. Should further development occur, MET may evaluate the area for potential service, however, the aforementioned routes are within walking distance.
• Police: The Police Department staff stated that while additional patrol staff have been approved, continued annexation without additional resources may affect response times and the 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. This property is within the Limits of Annexation Map, City Annexation Petition Area and is expected to be brought into the City and developed. The Planning and Community Services Department supports this annexation to continue to have this developing area served by the City, built to municipal standards, and to protect the Yellowstone River corridor and the groundwater from additional septic system pollution.
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:
- The area is located within the City's Annexation Petition Area on its Limits of Annexation Map.
- 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.
- Existing or proposed public improvements within the area to be annexed will meet City standards.
- All property owners within the area to be annexed must sign a Waiver of Right to Protest future Special Improvement Districts.
- 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 their responses are provided below. The County Public Works Department did not respond to this annexation request.
•Water and Sanitary Sewer: Public water and a sanitary sewer mains exist in right-of-way nearby. Specifically, the Lot will be served by a new water main in the South Frontage Road right-of-way. The 12-inch water main will extend from the tie-in point on East Lane to the east lot line of the annexed parcel. Additionally, the Lot will be served by extending a new appropriately sized sanitary sewer main in the existing right-of-way along the east boundary of the QFC Subdivision. The sanitary sewer main will extend from the tie-in location near Elysian Lane to the north lot line. A Development Agreement is required as part of this annexation and Council will consider the proposed agreement following action on this petition.
• Storm water: There is no City storm drain available in the area. The owner will manage storm drainage on the site in accordance with the City of Billings Stormwater Management Manual (2018).
• Transportation: Lot 5 of QFC Subdivision will be accessed by way of approaches along the Frontage Road. Said approaches must be reviewed and approved by the Montana Department of Transportation (MDT) and City of Billings, who may require a traffic impact study at the time of development. Traffic studies are required if the development meets the criteria that is part of the Site Development ordinance and Subdivision Regulations (500 trips per day). For this site, the developer is required to construct a 10’ multi-use trail along the south side of the Frontage Road.
• 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 Fire Station #5, located on 24th Street West, about 2.18 road miles from the subject property.
• Parks: The subject property is to be developed with commercial uses. If or when subdivision occurs, no parkland dedication will be required as subdivision regulations do not require dedication or cash-in-lieu for commercial subdivisions.
• School facilities: The subject property being a commercial development has no direct impact on schools.
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 both the Fire Department and Police Department in comments did note concerns as additional property is annexed into the City.
• Transit: Expansion in outlying areas does create a burden for MET transit. MET does not currently have a route serving the property. The closest routes are 13-Westend and 19-The Loop, both of which travel along Mullowney Lane/King Ave. Should further development occur, MET may evaluate the area for potential service, however, the aforementioned routes are within walking distance.
• Police: The Police Department staff stated that while additional patrol staff have been approved, continued annexation without additional resources may affect response times and the 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. This property is within the Limits of Annexation Map, City Annexation Petition Area and is expected to be brought into the City and developed. The Planning and Community Services Department supports this annexation to continue to have this developing area served by the City, built to municipal standards, and to protect the Yellowstone River corridor and the groundwater from additional septic system pollution.
STAKEHOLDERS
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 March 5, 2021 and published in the Yellowstone County News on March 5 and 12.
ALTERNATIVES
The City Council may approve or deny the petition for annexation. Denial of the petition will mean the City Council cannot consider other agenda items related to this property.
- On January 12, 2021 the applicants submitted the petition for annexation
- On March 22, 2021 the City Council will hold a public hearing and consider action on the petition. Annexations also require Ward Boundary Ordinance amendments. Upon favorable action, the Council will hold a public hearing on the Ward Boundary at this meeting. The second reading will occur on April 12, 2021.
FISCAL EFFECTS
This application has no impact on the Planning Division Budget.