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Council conditionally annexes 54 acres in West End and approves zone-change first reading despite buffer dispute
Summary
Council conditionally approved Annexation 2504 (about 54 acres) and first reading of Zone Change 1070 to a planned neighborhood development (mix of CMU1, NX1, N1, P1). A procedural error creating a 20-foot P1 buffer strip triggered plans for a separate correction and a council-initiated zone amendment.
The Billings City Council conditionally approved the annexation of roughly 54 acres (Annexation 2504) on Oct. 13 and advanced first reading of Zone Change 1070, a planned neighborhood development (PND) that would convert the property from agricultural zoning to a mix of corridor mixed use (CMU1), neighborhood residential (N1 and NX1) and park/open space (P1).
Planner Hunter outlined seven annexation criteria and explained that the site — described in staff exhibits as Lots 66A1 and 67A1 of the Sunny Cove Fruit Farms amended plat — meets the city’s zone 1 annexation eligibility and can be served through a subdivision improvement agreement. The zoning plan includes a narrow 20-foot strip of P1 park/open-space zoning intended as a buffer where CMU1 would otherwise abut agricultural land; several councilors and staff called that outcome a product of the code and described it as an undesirable artifact.
Council members and staff discussed public-service impacts including fire response, school capacity and the need for subdivision-level improvement agreements and waivers related to special improvement districts. Fire officials said the site sits within roughly 0.37 miles of Fire Station 7 and that response times would be within typical city ranges, but added that increasing density will increase call volumes and could require future investments such as a proposed Station 9 (in the CIP currently unfunded for 2029).
Developer representatives (John Halverson and counsel Rick Leuthold) said they would pursue a variance to reduce the buffer to a 10-foot landscaping strip (Type B3) and emphasized cash contributions and park dedications (estimated around $160,000) as part of the project package. Neighbors testified during the joint public hearing expressing concerns about traffic, potential 24-hour commercial uses and quality-of-life impacts.
On the council floor, members debated the balance between extending city services and growing the tax base. The annexation resolution passed 10–1 (Mayor William Cole cast the lone nay). Council then approved first reading of the zone change unanimously, with staff and council agreeing to process a separate amendment (waived fee or council-initiated map amendment) to correct or reconsider the 20-foot P1 strip.
