Staff proposes the Planning Board recommend to the City Council adoption of the amended City subdivision regulations. Staff proposes the Planning Board recommend to the Board of County Commissioners' adoption of the amended County subdivision regulations.

The Planning staff, after consultation with other departments and divisions of the city and county, is bringing forward the proposed updated subdivision regulations for both the City of Billings and Yellowstone County.

The Planning Division has diligently worked on updating the subdivision regulations to incorporate recent state legislative amendments and to align them with new documents and policies within the city and county. In addition, staff is proposing general document updates, including electronic submission requirements.

During the past several months, staff has consulted with other divisions within the city and county. Those divisions include City Engineering, Public Works, City Fire Department, City Parks, Transportation, the Alternate Modes Coordinator and Zoning.

For county-related updates, we consulted with County Public Works, County Parks, fire departments providing fire service in the county, the Alternate Modes Coordinator and Zoning.

On February 13, 2024, staff made a presentation to developers and engineers for their input on the proposed subdivision update. That meeting was held in the Billings Library Community Room. 

On March 12, 2024 there was a discussion meeting with the Planning Board where further input from the board and members of the public were received.

A public hearing was held on March 26, 2024, at which time the Planning Board delayed the subdivision regulation updates 60 days.

Since that time, the Planning Department, Engineering, Parks and County Public Works have had two other public meetings to further discuss the proposed updates and additions to the subdivision regulations. Those meetings took place on April 23 and May 7. Both meetings were attended by members of the public.

The new subdivision regulations have three main drivers for the subdivision regulations update:
1. Changes required by State Statutes because of legislative changes/updates
2. Moving regulations from zoning to subdivision regulations for consistency and a single point of reference
3. Changes to the subdivision regulations requested by other City and County Departments.

See Attachments for a run-down of each section / chapter of the proposed modifications to the subdivision regulations.

As is noted, the development community is the most directly affected by the changes proposed to the regulations. There are benefits to the community overall as well to increase consistency of requirements, clarity and some long-term development improvements for future subdivisions. However, the main focus by staff is to ensure the developers and firms that assist in development applications are aware of the changes and will operate under the new requirements in an informed and consistent manner.

On March 12, the Planning Board held a discussion meeting for the proposed updated subdivision regulations. Staff gave a presentation to the board going through each Section / Chapter of the regulations. After the presentation, the board president opened the floor for discussion.

A public hearing was held on March 26, 2024 at which time the Planning Board delayed the subdivision regulation updates 60 days.

Since that time the Planning Department, Engineering, Parks and County Public Works have had two other public meetings to further discuss the proposed updates and additions to the subdivision regulations. Those meetings took place on April 23 and May 7. Both meetings were attended by members of the public.

The two main topics of discussion were lighting required in residential subdivision and electric gates across private streets in the county. The argument was that those two items will add extra cost to the purchasers of land in the subdivision. It was felt neither one should be required. One option mentioned was to have residential street lighting as an option but not required.

The two main topics of discussion were lighting required in residential city subdivisions and electric gates across private streets in the county. The argument was that those two items would add extra cost to the purchasers of land in the subdivision. It was felt neither one should be required.

One option mentioned was to have residential street lighting as an option but not required.

There was one individual that felt street lighting would be a positive requirement. Residential street lighting would provide visibility and additional safety to neighborhoods.

Attached to this staff report are the documents provided at the two meetings that took place on April 23 and May 7.

Discussion
There was discussion regarding the cost of creating the street lighting infrastructure, which would be paid for by the developer.  The cost to maintain electricity for the lights is that of the homeowners via a Light District, which would be a percentage allocated to each homeowner. Another question that was asked was the type of lighting that would be required to be installed. The board discussed other potential costs for family transfers, parkland, and roads.

Public Comment:

Doug Wilde 4712 Audubon Way, Billings 59102.
Mr. Wilde stated he owns a development company and said the costs to the developer are passed on to the homeowner. The City pays for lighting costs if associated with an arterial street, the State pays if a designated US Hwy.  Mr. Wilde also stated, if only a portion of an arterial street lies by a new subdivision, it would not make sense to have sporadic lighting.  This section should be taken out of the regulations entirely. 

Dave Green stated that the board may make a recommendation to withdraw new language from the regulations that is not required by legislative updates or new processes.

Steve Simonson 5342 Cabernet Lane, Billings 59106 ;
Mr. Simonson stated that owning a home is the cornerstone of building wealth.  Some regulation changes will increase housing costs and cause people to not be able to afford to purchase a home. Realtors and Home Builders are asking for more time to answer questions and consider changes being proposed.

The Planning Board may recommend

• Approval of the draft regulations, or
• Approval of the draft regulations with specific board approved amendments; or
• Recommend denial of the draft regulations.

Given that some of the changes are state-required legislative changes, it is important to make sure that they are recognized as different from local proposed amendments if proposed changes are made. The legislative changes need to be included in the amendments to align with state law.

There will be no fiscal effects on the Planning Division because of the Subdivision Regulation updates.