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. 

David and Ali Mitchell submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located west of Alkali Creek Road. The annexation will occur in three phases. The phases are legally described using a metes and bounds description which is attached to this staff report.

The property is zoned Agricultural Open Space, a county zone that is not recognized by the City of Billings. There is an accompanying zoning application to change the property to a Neighborhood PND, incorporating multiple zones and open space. The Neighborhood PND is a newly adopted tool specifically designed to incorporate 1 Mixed Use district, 1 Neighborhood district and open space. Applicants can choose to add more mixes of districts if so desired. Zone Change 1003 is an accompanying application that the Council will consider. A joint public hearing to consider both the annexation and zone change will be held on January 10th.

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: Public water and sanitary sewer mains are currently under design for the extension of the mains to reach the subject property. The new water and sanitary sewer main extensions will run west in the Alkali Creek Road right of way from the existing mains located at Alkali Creek Road and Sandstone Trail. 
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. 
• Transportation: The subject property fronts Alkali Creek Road, a principal arterial which will provide access to the future Inner Belt Loop Corridor. It is expected this type transportation network can handle this type of development.
• 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 3.10 road miles or 5 minutes driving time to the subject property.
• Parks: The development must provide at least 2% of the net area as open space, additionally, during a subsequent subdivision cash in lieu or the remaining parkland requirement must be dedicated during that time. Private parkland can be maintained by homeowners but public parkland will require a maintenance SID.
• School facilities: It is anticipated the school district will be impacted by additional housing units.

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: A bus does not currently directly serve the area, but does operate within approximately .8 miles with the nearest buses traveling through the intersection of Alkali Creek and Senators and another traveling through the intersection of Wicks Ln and High Sierra Blvd.  MET does not anticipate running buses directly in the proposed annexation area in the foreseeable future but will continue to operate on in the Alkali Creek area as well as the Skyview High School area (Wicks and High Sierra).
• Police: The Police Department staff stated there is adequate egress and ingress to the site and this area is near existing city limits causing little to no need to modify beats at this time. It should be noted 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. Depending on factors at any given time such as traffic and congestion, 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 Council recently approved map amendments to the Limits of Annexation Map to include this property for development. Denial of this annexation would be inconsistent with past Council decisions. Further, planning staff recognizes the significance of bringing property into the City along the Inner Belt Loop Corridor. This property is in a critical location for ensuring urban development occurs along the corridor in its entirety and aid in extending utilities for further expansion. 

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 the property and was advertised in the Yellowstone County News.

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 and zoning. On November 1, 2021, the annexation petition was submitted to the Planning Division by the owner's agent.  On January 10, 2022, the City Council is scheduled to take action on the petition in combination with considering a zone change.

Action tonight approves the annexation plan in whole, however, as designed by the PND, the annexation is also phased. Council action approves an all-encompassing annexation and zoning plan. As specifically designed by the PND, the annexation approval does not annex immediately all involved parcels, but rather identifies three phases for annexation. It is anticipated a forthcoming subdivision will employ the use of phases.
 

This application has no impact on the Planning Division Budget.