Staff recommends the City Council hold a public hearing. In this case, a joint public hearing that considers both the annexation and associated zone change. Upon completion of the hearing, staff recommends the City annex the petitioned property with the staff recommended conditions of approval. 

NOTE: Though a joint hearing is being held, individual action will need to be taken on each item. 

Cherry Island Land, LLC. submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located along Cherry Creek Loop. The property is described as A tract of Land situated in the NW 1/4 of Section 24, T.1N., R.26E, P.M.M., Yellowstone County, Montana, more particularly described as follows: Being a portion of Lot 2, Block 1 of Cherry Creek Estates Subdivision, recorded June 12, 2003, under Document No. 3234914, on file and of record in the Records of Yellowstone County, said portion being described as follows: Wholly surrounded on the east by Lot 4, Block 1 of said Cherry Creek Estates Subdivision, on the north existing City boundary, also being the south line of an existing 60 foot wide access & utility easement through said Lot 2, Block 1 Cherry Creek Estates Subdivision, on the west by Lot 7A, Barry Acreage Tracts Subdivision 3rd Filing, recorded November 14, 1967, under Document No. 809463, Barry Acreage Tracts Subdivision 2nd Filing, recorded May 29, 1964, under Document No. 732009, Barry Acreage Tracts Subdivision, Tracts 1 through 3, recorded May 29, 1964, under Document No. 732008 and Barry Acreage Tracts Subdivision Amended, Tract 4A Amended, recorded January 10, 2001, under Document No. 3114780 to point that is the existing City boundary per Resolution No 03-17967, said point being North 308.00 feet of the SE corner of Tract 4E of said Barry Acreage Tracts Subdivision Amended and on the south by said existing City boundary per Resolution No 03-17967. The annexation contains 7.906 gross and net acres, more or less.

The property is zoned Rural Residential 1, a county zone that is not recognized by the City of Billings. There is an accompanying zone change application to change the property to Neighborhood 3 (N3). The N3 district is a single-family only residential district. Additionally, the applicant has submitted a Major Preliminary Plat for the parcel also for consideration of the City Council. The property is currently vacant and without annexation or a zone change could be developed as single family homes on 1 acre. 

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 property will be served by making connections to an existing water main located in North Cherry Creek Loop Road and connection to the main located at the corner of South Cherry Creek Loop Road and Bitterroot Drive. For sanitary sewer, the property will be served by one connection to an existing 8-inch sanitary sewer main located in North Cherry Creek Loop Road. The subdivision shall be serviced by low pressure sewer lines that collect and discharge to the existing gravity main in North Cherry Creek Loop Road. 
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The subject property fronts Cherry Creek Loop. Given the property is proposing a single-family subdivision with 41 residential lots, as part of the development a new road will be constructed to provide access to the newly proposed lots.
• 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 Saint Andrews Drive, about 2.53 road miles or 7 minutes driving time to the subject property.
• Parks: With the accompanying subdivision, parkland dedication will be met by providing cash in lieu of providing .78 acres of parkland.
• School facilities: 41 new residential will cause some impact to the school system.

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 Fire Department in its comments above did note its concerns as additional property is annexed into the City.

• Transit: Property is currently served by multiple peak service fixed-routes including 16-MAIN and 17-BENCH traveling on Bitterroot Drive; mid-day and Saturday service within approximately 0.6 miles to the west by route 18-HEIGHTS traveling on Hawthorne Ln.  MET anticipates service will continue in this general area for the foreseeable future at a minimum along Hawthorne Ln.
• 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. This area is surrounded by city limits to the east and west and is in an already established patrol area for the City. 
• 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. This annexation is appropriate as the city limits are adjacent in multiple directions. The already established residential creates little to no impact across multiple city departments and services. 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 a development agreement, zoning and a preliminary subdivision plat. On June 14, 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 in combination with considering a zone change and subdivision.

This application has no impact on the Planning Division Budget.