Owner and petitioner, Almon R. Blain Jr., is requesting annexation of a property legally described as a portion of the south 310 feet of lot 24, Sugar Subdivision, into the City of Billings pursuant to Section 7-2-4600 of the Montana Code Annotated (MCA). The 1.5 acre property is located on the northwest corner of King Avenue East and Calhoun Lane. The petitioner is requesting annexation in order to obtain city services and rezone the property for future commercial development. A City zone change application for the property to rezone it from Residential-9600 to Entryway General Commercial is being processed in coordination with this petition so that the City Council will hear the requests together at the January 24 Council meeting. The subject property currently has one single family residence on it. At this meeting, the Council acknowledges receipt of the petition and sets a public hearing date for January 24, 2011. The Council will take action on the annexation request at its January 24 meeting.

Section 7-2-4600, MCA, permits owners of more than 50% of a property to petition the City for annexation. The only alternative that is consistent with City Council policy is to acknowledge receipt of the petition and set a public hearing date to consider the annexation petition. The subject property is surrounded by properties within the City limits and is depicted on the adopted Limits of Annexations Map in an area proposed to be annexed within the next five (5) years. A portion of the right-of-way of Calhoun Lane also is proposed to be annexed with this property to conform with State Law. Montana Code Annotated §7-2-4211 states that when a city annexes property it “shall include the full width of any public streets or roads, including the rights-of-way, that are adjacent to the property being annexed.”

A service impact analysis and staff recommendation will be prepared and presented to the Council for the public hearing on January 24. 2011.

Staff recommends that the City Council acknowledge receipt of the annexation petition and schedule a public hearing for January 24, 2011, to consider annexing this property.