Regular City Council Meeting


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  Regular   7.a.       
Meeting Date: 09/27/2021  
TITLE:    Public Hearing and Resolution - Annexation 21-11
PRESENTED BY: Monica Plecker
Department: Planning & Community Services  

Staff recommends the City Council hold a public hearing and annex the petitioned property with the staff recommended conditions of approval. 
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Messinger Company, Inc. submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. The property is located between South Frontage Road and Trade Center Avenue. The property is described as Tract 11A, of Amended Tracts 10 and 11 of Certificate of Survey 1391 and Lots 2, 3, and 4, Block 3, of Shackelford-Yellowstone Subdivision, 3rd Filing. The annexation contains 26.425 gross and 13.729 net acres and is zoned Light Industrial (LI). The LI Zone District is recognized by both the City of Billings and Yellowstone County, therefore a Zone Change is not required to accompany this application as the zoning will remain as is. The City Council is being asked to consider a Development Agreement in coordination with this request. 

Although MCA 7-2-4600 does not require a public services plan, 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: Both services are available with extensions of utility services. Utilities are not readily available in the area, but the City will partner with the developer on the over sizing of the infrastructure required to bring services to the property as outlined in the already approved compensation agreement. More specifically, the developer will construct a proposed sanitary sewer main from East Lane to the property being annexed. The water will be extended by the developer by a proposed water main from Elysian Road. 
  • Storm water: Any development will be compliant with the adopted Stormwater Management Manual. 
  • Transportation: The subject property fronts the Frontage Road, Harnish Boulevard and Trade Center Avenue. It is expected the use of this property for bottling and warehousing will include truck traffic. If the South Frontage Road is used for access, the access will require approval from the Montana Department of Transportation (MDT).
  • 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 3.91 road miles or 9 minutes driving time to the subject property. The Billings Urban Fire Service Area (BUFSA) currently serves this property and many county developed light industrial parcels in the vicinity. Continued annexation without commensurate resources will provide service delivery challenges. Challenges aside, the fire department does not stand in opposition of the annexation. 
  • Parks: Given the zoning designation of the property, LI, there are no parkland requirements associated with the property.
  • School facilities: Schools should be impacted minimally from an LI development. 
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 property is located approximately .6 miles from the nearest transit line (13-Westend). Due to the significant barrier posed by Interstate 90, MET does not anticipate expanding service closer to the property in the foreseeable future.
  • 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 property in particular has no issues with ingress and egress, but the area is a bit disjointed from existing City Limits. 
  • 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.
  • 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 the City Council agreed to partner in the extension of services to this property so it may be annexed into the City for development. The City Council amended the Limit of Annexation Map on August 23 to place this property in the City Annexation Petition Area. This area between the I-90 Corridor and the Yellowstone River should be developed with City services. Planning supports this annexation petition as it meets the Annexation Policy and was recently added an area where annexations are expected on the City’s Limits of Annexation Map.
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.
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 or the Development Agreement.
  • On July 30, 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.
This application has no impact on the Planning Division Budget.

Limits of Annexation Map


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