The Billings City Council on Oct. 13 approved annexation petition 2504 and an associated zone change (Zone Change 1070) converting roughly 54 acres in the Sunny Cove Fruit Farms area from County agriculture zoning to a Planned Neighborhood Development (PND) mix of Corridor Mixed‑Use (CMU‑1), neighborhood residential (N‑1 and NX‑1) and park/open space (P‑1). The annexation resolution passed 10–1; the zone change passed on first reading unanimously. The council also approved a ward boundary ordinance to place the annexed land into Ward 4.

Why it matters: The action opens a large infill parcel to mixed residential and commercial development, routing future subdivisions and infrastructure into city standards. Developers say the planned zoning will accommodate walkable residential density near the Grand Avenue/50th Street commercial node and the nearby Ben Steele public facility.

Project and zoning details: City planner Hunter explained the application covers about 54 acres and proposes a PND that includes CMU‑1 along Grand Avenue, NX‑1 and N‑1 for residential areas and P‑1 parkland internal to the site. The PND application includes a proposed local street network intended to connect with adjacent subdivisions and provide for future phases of infill.

Developer presentation and public comment: John Halverson (planning consultant) and Rick Leuthold (agent) presented for applicant Brian Harvey. They described the mix of residential densities, potential CMU uses (including a storage use subject to CMU design standards), and the developer’s plan to contribute park dedication funds (the presenters cited a roughly $160,000 cash contribution to parks). Mike Cepola of Western Security Bank clarified an access easement dispute is under negotiation with nearby property owners and said his bank will build a connecting street segment.

Council discussion and a recurring procedural issue: Council spent significant time on one narrow but consequential technical detail — a 20‑foot strip of P‑1 (park) zoning placed between CMU‑1 and adjoining agricultural land. Staff said the P‑1 buffer was included because CMU‑1 zoning is not allowed directly adjacent to county agricultural zoning under the current rules; the developer had the option to request a variance instead. Several council members and the developer signaled they preferred a smaller, 10‑foot landscaped buffer (a “Type B3” landscape strip) or a variance to allow CMU‑1 directly at the boundary. City staff advised that the notice and application as filed require the P‑1 strip, and that correcting the issue will require an additional zone‑map action (staff offered to waive the new application fee for the applicant). The council also voted to initiate a council‑led zone map amendment to address the 20‑foot strip and instructed staff to carry the correction forward.

Public safety and service capacity: Fire and other city officials noted the parcel lies roughly 0.37 miles from an existing fire station and that increasing density affects response profiles and future resource planning. Council members raised broader questions about school capacity, road improvements, and long‑term service funding as the city continues to annex and develop previously agricultural land.

Votes and next steps: The annexation resolution (Annexation 2504) was approved by a 10–1 vote; council recorded one dissent without public identification of the name in the roll call. The zone change (Zone Change 1070) and the ward boundary ordinance (first reading to add the property to Ward 4) were approved on the council’s motions; the council also directed staff and the applicant to process a follow‑up zone‑map amendment limited to the 20‑foot buffer area and waived the application fee for that item.

Clarifying details: The applicant will still need to complete a subdivision and Subdivision Improvement Agreement (SIA) that lays out public improvements and waivers (special improvement district waivers and park maintenance district requirements were discussed as part of the subdivision stage). A new traffic impact study had been submitted and is under review by Public Works; staff told council outstanding technical issues should not prevent the annexation or zone change that evening.

What to watch: The council-initiated or applicant‑initiated map amendment to remove or reduce the 20‑foot P‑1 strip will require new public notice and a return to the zoning process; staff said they would waive the fee for the corrected filing. Future subdivision submittals will carry the SIA, engineering standards, and any required special assessments or waivers.