Staff recommends the City Council approve the ordinance on second reading. The City Council held a public hearing and approved first reading on August 23rd, 2021.

Cherry Island Land, LLC. submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located south of Highway 3 and southeast of Rod and Gun Club Road. 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 petition to change the property to Neighborhood 3 (N3). The N3 district is a single-family only residential district. 

Upon Council approval, this annexation requires a change in the boundaries of Ward II. Two readings are required for this action. The first reading and public hearing was held August 23rd. Upon approval the second reading will occur on September 13, 2021.

City Council may:

• Approve adding the subject property to Ward II; or,
• Not Approve. Disapproval will not modify the boundary of Ward II and will create a problem where property inside the City Limits is not within a City Ward.

This item has no impact on the Planning Division Budget.