The Billings City Council on Oct. 13 conditionally approved annexation petition 25‑04 for roughly 54 acres (Lots 66A‑1 and 67A‑1 of the amended Sunny Cove Fruit Farms plat) and approved a planned neighborhood development (PND) zone change that rezones the site from Agriculture to a mix of N1, NX1, CMU1 and P1 districts. The annexation was approved by a 10–1 vote; the zone change (first reading) and a ward boundary ordinance placing the property in Ward 4 passed on first reading without recorded opposition.

Staff presentation and scope: City planner Hunter (presenter) summarized the annexation criteria, noted the site sits in annexation Zone 1 and is adjacent to existing development and public investments along Grand Avenue. The PND request proposes corridor-mixed use (CMU1) along Grand Avenue, neighborhood residential zones (N1 and NX1) inside, and required park/open-space (P1). Hunter told council the site’s annexation conditions will be addressed via a subdivision improvement agreement (SIA) and that the city is reviewing an updated traffic impact statement; Public Works reported the new TIS “met most of our concerns” though some items remain under review.

Developer presentation and public comment: John Halverson (planner for the applicant) and Rick Leuthold (counsel) described context and project intent, saying the CMU1 portion is intended to create a more active corridor edge and that storage uses allowed under CMU1 would be subject to form-based standards limiting visual impacts. Developer Brian Harvey and representatives were present. Adjacent property owners and a nearby resident raised traffic and land‑use concerns during the joint public hearing; Western Security Bank clarified an easement and potential roadway alignment with the applicant.

Public safety and services: Fire Department Chief Hoppel noted the site is approximately 0.37 miles from Fire Station 7 and that the department already responds to the area; he warned that increased density increases call volume and that long-term planning (including a potential future station) will be needed as development increases. City administrator comments reiterated the interplay of station placement, service polygons and the need to monitor development as it fills service areas.

Parkland and buffer strip: Staff and applicants said the PND includes required park acreage in the interior of the plan. A 20‑foot strip of P1 (park/open space) placed along the western CMU1 edge was included in the application as a buffer between commercial uses and remaining county agricultural land; staff and the applicant explained the buffer was proposed instead of a variance request. Staff indicated the buffer’s designation will require a subsequent, properly noticed map amendment or zone map correction; staff offered to waive fees for that follow-up application.

Motions and votes: The council (by motion of Council Member Aspleider) conditionally approved annexation 25‑04 (resolution with standard conditions including an annexation waiver regarding special improvement districts). The annexation vote was 10 in favor, 1 opposed. The council then approved first reading of zone change 10‑70 and adopted findings under the 10 review criteria recommended by the zoning commission; the motion passed without recorded opposition. The council also approved first reading of the ordinance to place the newly annexed property into Ward 4.

Next steps: The applicant must complete a subdivision application, execute a subdivision improvement agreement addressing public improvements to city standards, and resolve outstanding items in the traffic impact study and easement discussions. Staff said the PND’s required parkland and the buffer strip issue will be addressed in a follow-up, properly noticed map amendment or zone-change filing.

Ending: Councilors asked staff to pursue clearer code fixes to avoid recurring technical issues (for example, why a narrow buffer strip is required by current zoning rules) and directed staff and the developer to continue working through the outstanding TIS and subdivision engineering matters before construction proceeds.