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. 

Highlands ZHP Subdivision LLC, L & L ZHP Subdivision LLC and Ludwig Consulting, LLC submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located in the Zimmerman Home Place Subdivision. The land being annexed is described as Lot 1, Block 1, Lot 1, Block 2 and Lot 1, Block 3 of Zimmerman Home Place Subdivision, First Filing, recorded April 17, 2017, under Document No. 3811344; Also including all adjacent Right-Of-Way of Colton Boulevard, Avenue D, Avenue E and Green Valley Drive. Said annexation containing 54.684 gross and 48.788 net acres.

The property which contains multiple parcels is zoned a combination of districts including Neighborhood Office, Public 1, Neighborhood 3, and Mixed Residential 1 & 3. These are zoning districts recognized by the City and the County, however, the developer is wishing to change some districts therefore an accompany zoning application will be reviewed by City Council. The accompanying zoning application proposes to change the property to a Planned Neighborhood Development (PND), incorporating multiple zones and open space. The Neighborhood PND is a newly adopted tool specifically designed to incorporate at a minimum, 1 Mixed Use district, 1 Neighborhood district and open space. Zone Change 1009 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 February 28, 2022.

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 service is available to the property proposed for annexation. Extension of the public mains shall occur at the time of lot development. More specifically, the developer will be required to extend mains in Green Valley Drive and Avenue E along the Developer Tracts frontage for sanitary sewer and water.
• Storm water: Any development will be compliant with the adopted Stormwater Management Manual. There is an existing 15-inch storm drain pipe located at the intersection of Avenue E and Green Valley Drive.  The Developer is required to extend the storm drain piping in the right-of-way as needed in order manage the storm drainage for the public right-of-way.   
• Transportation: The subject property will be accessed by way of Green Valley Drive and Avenue E.
• Fire Stations: The Billings Fire Department currently serves the subject property through the Billings Urban Fire Service Area agreement.  The Billings Fire Department will continue to serve the property upon annexation.  As this and additional annexations are built out, additional fire department resources will be needed in order to meet and maintain our high level of service due to the increased call volume and burden on our department these annexations will create.   The nearest fire station is Fire Station #7, located at Grand and 54th, about 2.93 road miles or 5 minutes driving time to the subject property.
• Parks: The Parks department is aware the development intends to utilize private park space so no creation or expansion of a Parks Maintenance District is required. The Developer will be required to construct a 10' wide trail along the south side of Colton Boulevard along the frontage of the parcels being annexed.
• School facilities: Portions of the proposed property will be used for residential development. With residential growth comes demand on the school system the School district has noted west end schools have faced capacity issues for some time.

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: The proposed property is not currently served directly by a bus route; closest routes in proximity to the property are 24-Poly (which is .25 miles to the north, traveling east and west on Poly Drive) and 5A/5B-Grand (which is .5 miles to the south, traveling east and west on Grand Ave). Bus service on Grand Ave will continue for the foreseeable future; Poly service may be modified depending on the outcome of METs currently in process Transit Development Plan. However, as the area does continue to see commercial growth mixed with residential, MET anticipates fixed route bus service will continue in the area in some fashion.
• Police: The Police Department staff stated there are no issues with this area or annexing the property. The parcel is located in a well established patrol zone. Ingress/egress is sufficient and officers are frequently in the area. 
• 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 this subdivision was originally created with the sole intent of developing in the City. The Subdivision Improvement Agreement requires annexation prior to development of any lot. The general area of Zimmerman Home Place Subdivision is surrounded by the City. Development of these parcels in the city is critical.

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 January 3, 2021, the annexation petition was submitted to the Planning Division by the owner's agent.  On February 28, 2022, the City Council is scheduled to take action on the petition in combination with considering a zone change.
 

This application has no impact on the Planning Division Budget.