Regular City Council Meeting


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  Regular   6.a.i.       
Meeting Date: 09/27/2021  
TITLE:    Joint Public Hearing and Resolution- Annexation 21-10
PRESENTED BY: Monica Plecker
Department: Planning & Community Services  

Staff recommends the City Council hold a public hearing. In this case, a joint public hearing that considers both the annexation and the associated Planned Neighborhood Development (PND). 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. 
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Dan Wells of Regal Land Development submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located south of Sweetgrass Creek Drive between 54th and 58th Street West. The property is described as proposed Lot 1 of RL Subdivision. The metes and bounds description detailing the area to be annexed is attached to this staff report and the exhibit is included as an attachment to the Resolution of Annexation. The annexation includes all adjacent right-of-way of 58th Street West. The annexation containing 55.103 gross and 53.454 net acres and is zoned N4. This is a county zone that is not available in the City Limits, therefore, this property is also requesting a zone change (ZC 998) which will be considered concurrently by City Council. The proposed zoning is Mixed Residential Planned Neighborhood Development (PND). The intent of the PND's are to allow large and medium-sized parcels to use a set of design elements and a combination of zone districts that produces a walkable, sociable, and resilient urban design. 

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 city’s public water and sanitary sewer mains are available to serve this property with extensions. A Development Agreement is required as part of this annexation and Council will consider the proposed agreement following action on this petition.
  • Storm water: There is currently no city infrastructure in the vicinity to serve stormwater therefore at the time of development the stormwater plan will be required to meet the standards set forth in the adopted Stormwater Management Manual. 
  • Transportation: The subject property is adjacent to both 54th and 58th Street West. A traffic study is not required with the PND or Annexations. A traffic study will be reviewed by the City during the subdivision process. 
  • 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 7 located along 54th Street west approximately .63miles or 1 minute from the subject property's closet point. Continued development without commensurate resources will be challenging. It should be noted if this property remains in the County it could be developed as single family homes that would still fall within the BFD's jurisdiction to provide fire services.
  • Parks: The Mixed Residential PND requires at least 2 percent of the development be provided with open space. The PND has identified open space that may be a combination of private or public parkland. Additionally, a subsequent subdivision will have requirements for the developer to provide either cash-in-lieu or additional land.
  • School facilities: The mixed-residential PND will develop a variety of housing types, the School District will likely be impacted as families within Billings relocate and new residents move into new neighborhoods.
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 emergency services in its comments above did note its concerns as additional property is annexed into the City. Those concerns did not warrant a recommendation of denial.
  • Transit: the Property is located 3.3 miles from the nearest transit route (24-Poly), which operates on Shiloh Rd (40th St W). While MET is assessing the feasibility of expanding services west of Shiloh Rd, transit service in the area is not guaranteed.
  • Police: The Police Department staff stated that while additional patrol staff have been approved, continued annexation without additional resources may affect response times and the ability to deliver services. This area is in an area of Billings where growth pressure is imminent. There are City Services and patrol areas along Rimrock Road which is in the immediate vicinity and a satellite police station located near the intersection of Grand and 54th Street West.
  • Public Utilities: The Public Works-- Distribution and Collection Division had no concerns with the annexation request. It should be noted state law does allow for the property owner to determine their solid waste provider in residential areas. 
  • 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. 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 September 10, 2021 and advertised in the Yellowstone County News as a joint hearing with Zone Change 998. Additional stakeholder information can be found by referencing the Zone Change 998 staff report. 
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 zoning and the development agreement.
  • On August 2, 2021, the annexation petition was submitted to the Planning Division by the owner's agent. 
  • On September 27, 2021, the City Council is scheduled to take action on the petition, development agreement and associated zone change. 
This application has no impact on the Planning Division Budget.

Legal Description Referenced in Staff Report
Limits of Annexation Map
Annexation Resolution


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