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Item 8.
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| City Council Regular | |
| Date: | 07/12/2021 |
| Title: | Public Hearing and Resolution - Annexation 21-05 |
| 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.
Note: This Annexation is for property to be included in the South Billings Boulevard Urban Renewal District (SBBURD). Property must be annexed into the City before it may be included in the SBBURD. The City Council must act on this annexation as one of the steps at the meeting tonight so it can then take action to expand the SBBURD to include this and other properties.
Note: This Annexation is for property to be included in the South Billings Boulevard Urban Renewal District (SBBURD). Property must be annexed into the City before it may be included in the SBBURD. The City Council must act on this annexation as one of the steps at the meeting tonight so it can then take action to expand the SBBURD to include this and other properties.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On May 10th the City Council was asked to begin the process to annex City owned property to enable future access to municipal services as the property is master planned for City operations expansion and to bring the property into the South Billings Urban Renewal District (SBBURD). State Law under 7-2-43 MCA provides municipalities the authority to annex contiguous land. The subject property is 22.90 gross acres of land owned by the City of Billings and located at 6014 South Billings Boulevard, directly south of the current Billings Operation Center, and contiguous to the City Limits. The property is legally described as a tract of land situated in the SE 1/4 of Section 17, and the NW1/4 and the SW 1/4 of Section 16, T.1S., R.26E, P.M.M., Yellowstone County, Montana, more particularly described as follows: Being the N1/2, N1/2, N1/2, SE1/4 of Section 17, T.1S., R.26E, P.M.M., Yellowstone County, Montana.Including all adjacent rights-of-way of Montana State Highway No. 416.
There are adequate ways to serve the property for city needs across all departments. At this time there are only short term plans for a Public Works Solid Waste building. The City will, in the future, master plan the property so that it can function together with the existing BOC to the north and support new and expanded City service operations. Other immediate activities include demolition of the existing house and out buildings on the property this summer.
Montana Code Annotated does not require the City to prepare a provision of public services plan for Annexation of Contiguous Land (Section 7-2-43, MCA). Planning Division staff consulted with all city departments but given this is City-owned property that will be used to serve city needs and there was limited feedback with no concerns there is not an in depth summary of departmental responses.
The proposed annexation complies with the adopted City 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.
Conditions of approval are usually recommended with annexations. Given this is city-owned property and the development is controlled by the city, a development agreement is not required nor needed. Following a public hearing, staff recommends approval of Annexation 20-05.
There are adequate ways to serve the property for city needs across all departments. At this time there are only short term plans for a Public Works Solid Waste building. The City will, in the future, master plan the property so that it can function together with the existing BOC to the north and support new and expanded City service operations. Other immediate activities include demolition of the existing house and out buildings on the property this summer.
Montana Code Annotated does not require the City to prepare a provision of public services plan for Annexation of Contiguous Land (Section 7-2-43, MCA). Planning Division staff consulted with all city departments but given this is City-owned property that will be used to serve city needs and there was limited feedback with no concerns there is not an in depth summary of departmental responses.
The proposed annexation complies with the adopted City 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.
Conditions of approval are usually recommended with annexations. Given this is city-owned property and the development is controlled by the city, a development agreement is not required nor needed. Following a public hearing, staff recommends approval of Annexation 20-05.
STAKEHOLDERS
Annexation of Contiguous Land requires a 20-day protest period be noticed to the public. Three notices of the protest period and public hearing were published and the property was posted on June 22, 2021.
ALTERNATIVES
On May 10th, the City Council passed a Resolution of Intent to annex the property.
On July 12th, the City Council will conduct the public hearing, consider protests for the annexation, and may take action on the annexation request
Section 7-2-43, Montana Code Annotated (MCA) provides to process for local governments to annex contiguous properties. To comply with Section 7-2-4314, MCA, the City must hold a public hearing prior to taking action on the Resolution of Annexation.
The Council may:
On July 12th, the City Council will conduct the public hearing, consider protests for the annexation, and may take action on the annexation request
Section 7-2-43, Montana Code Annotated (MCA) provides to process for local governments to annex contiguous properties. To comply with Section 7-2-4314, MCA, the City must hold a public hearing prior to taking action on the Resolution of Annexation.
The Council may:
- Hold a Public Hearing and approve the Resolution of Annexation of the contiguous property,
- Hold a Public Hearing and disapprove the Resolution of Annexation. Not annexing the property will result in the property remaining outside the City Limits and the application of City Ordinances would not be possible on the property.
FISCAL EFFECTS
This application has no impact on the Planning Division Budget.