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

McCall Development submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located south of Elysian Road in the Annafeld development. More specifically, the proposed annexation is located southwest of Annafeld Subdivision, Third Filing. The property is legally described using a Metes and Bounds description which is attached to this staff report. The area of annexation includes 6.792 gross and net acres and is zoned Planned Development (PD). The property will be developed with residential uses and the City Council will consider a preliminary plat for Annafeld Subdivision, Fourth Filing at a future meeting. The PD zone district is recognized by the City, therefore, this property does not have a zone change request associated with it. 

 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 Annafeld Subdivision water system consists of a series of looped water mains located in each of the local streets. Extensions from existing infrastructure will serve the area when developed as Annafeld, 4th Filing. Sanitary sewer service to Annafeld Subdivision, Fourth Filing will be provided by connecting to the existing 8-inch gravity sewer main located in Street 2, Eva Marie Lane, Norma Jean Lane, and Johanns Meadow Lane.
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. A stormwater management plan will be submitted to engineering for approval prior to granting final plat. 
• Transportation: The subject property will be accessed by several existing local streets within the Annafeld Subdivision which include Johannes Meadow Lane, Norma Jean Lane and Eva Marie Lane. 
• 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 #5, located on 24th Street West, about 3.08 road miles or 7 minutes driving time to the subject property.
• Parks: The land lies within a planned unit development that provides for land permanently set aside for park and recreational uses. Park dedication for the new area will also be handled as part of the subdivision review process per subdivision regulation requirements.
• School facilities: No issues were identified, although its noted that school resources are needed with continued growth.

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: The closest MET route to the proposed property is 13-West End, traveling northbound through the intersection of Mullowney and Elysian. This is between ¾ and one mile from the proposed annexation. While the Mullowney Ln area will continue to be served for the foreseeable future, MET does not anticipate the movement of routing further to the west until significant growth continues in the area that would warrant fixed route service. However, MET will continue to offer required paratransit services to all passengers within ¾ mile of any fixed route and paratransit time and space service to passengers anywhere within the City limits.
• Police: There is adequate ingress/egress to this area and is near already annexed property. There is no need to modify beats at this time. Continued annexation and development without commensurate resources has adversely affected our ability to deliver service. 
• 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 and the property is in a master planned area. A forthcoming subdivision, Annafeld, Fourth Filing will be considered by the City Council on December 20, 2021. 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 the property on November 23, 2021. The hearing was legally advertised in both the Yellowstone County News and Billings Gazette.

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 like the Ward Boundary Ordinance.

• On November 1, 2021, the annexation petition was submitted to the Planning Division by the owner's agent. 
• On December 13, 2021, the City Council is scheduled to take action on the petition.

This application has no impact on the Planning Division Budget.