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

CPP LLC, ARB Investments, LLC and GSB Holdings LLC (all 1/3 interest) submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located along Calhoun Lane. Tracts A-1 and A-2, Amended Tract A Certificate Of Survey No. 775, recorded July 25, 1985, under Document No. 1359096, on file and of record in the Records of Yellowstone County and contains 1.316 gross and net acres and is zoned CMU1. This is a zone district recognized by the City, therefore, this property does not have a zone change request associated it with. The City Council is being asked to consider a Development Agreement in coordination with this request. The property consists of two parcels, the west which has a residence on it and the east which has a single family residence and the easterly parcel is vacant. The property is wholly surrounded by city limits.

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. Staff finds 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: The existing house on Tract A1 is presently connected to public water and sanitary sewer service.  Public water and sanitary sewer mains are located in Calhoun Lane and a sanitary sewer main runs in the alley that runs along the north property line of the subject lots. 
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The subject property fronts Calhoun Lane. A traffic study is not required as part of the annexation process. If the development warrants a traffic study one will be submitted, reviewed and approved prior to the issuance of a building permit.
• 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 #4, located on 6th Street West and Terry Avenue, about 1.34 road miles or 4 minutes driving time to the subject property.
• Parks: Given the zoning designation of the property, CMU1, future development will likely not require parkland dedication.
• School facilities: It is unknown at this time how exactly the property will develop. The CMU1 district allows for a variety of commercial uses and can include upper story residential. There will be some impact to the School District, however, in a request for comments no issues of concern were identified.

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 the Police and Fire Departments in its comments above did note its concerns as additional property is annexed into the City. These concerns did not warrant a recommendation of denial.

• Transit: 743 Calhoun Lane is located directly on two transit routes, including a peak service route T2-Riverside and all day/Saturday route 19-The Loop as well as being in proximity to the 9-Central route.  Future transit routings will most likely continue to be in close proximity to this location.
• 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. Given this property is wholly surrounded by the city limits current, the PD is able to serve the property.
• 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 because staff find the annexation policy criteria have been met. All departments were consulted and there was no opposition.

Annexation by petition does not require notification of adjoining landowners; however, it does require that the City Council conduct a public hearing, advertise the hearing, and post the property with information on the annexation petition and public hearing. Notice of the public hearing was posted on August 6th, 2021.

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 regarding the development agreement.

• On May 28, 2021, the annexation petition was submitted to the Planning Division by the owner's agent. 
• On August 23, 2021, the City Council is scheduled to take action on the petition.

This application has no impact on the Planning Division Budget.