This is a zone change that will amend several sections of the Billings, Montana, City Code (BMCC) including section 27-604 related to fences; 27-615 related to clear vision areas; 27-618 regarding illustrations of clear vision areas; and deleting sections 22-441 through 22-448,  a redundant section related to clear vision areas in the chapter on streets and sidewalks. The City Engineering Division and the Planning Division requested the City Zoning Commission initiate this amendment and on December 2, 2008, the Zoning Commission granted the request. On September 1, 2009, the Zoning Commission held a public hearing and received testimony on the zone change. The Zoning Commission voted to continue the public hearing until October 6, 2009, so revisions to the ordinance could be drafted that specifically apply to the Central Business District (CBD) zone. The Zoning Commission held the continued public hearing on October 6, 2009, and is forwarding a recommendation of approval of the revised ordinance on a 3-0 vote.

The City Council must hold a public hearing and then may:

• Approve the proposed text amendment to the regulations. The existing regulations may not provide the proper clear vision distances to ensure pedestrian, bicycle and vehicle safety at all intersections within the city limits but the regulations are effective for most situations. The amended regulations will provide improved safety at arterial intersections and where conditions exist that are not anticipated by current code.
• Not approve the proposed text amendments to the regulations.

If adopted, the regulations should have little impact on the city budget.

The existing code on Visibility at Intersections (27-615 and 27-618) sets standard clear vision areas at intersections of streets, alleys and driveways. Over the past several years it has become apparent that not all street intersections or alley intersections can be generalized for the purpose of maintaining clear vision areas. For example, a residential street controlled by a stop sign that intersects an arterial street with speed limits of up to 45 mph will need more than a 25 foot by 25 foot clear vision area for drivers to safely enter the arterial traffic. In addition, elevations of intersecting streets are not considered within the existing regulations. Sloped intersections or intersections that are not perpendicular are difficult to determine for driver visibility and application of standard clear vision areas. An example of this type of intersection is at Rimrock Road and Virginia Lane. The property on the south west corner of the intersection installed a new wall that meets the clear vision standards but, due to the difference in elevation of Rimrock Road and Virginia Lane, the wall impedes visibility of eastbound traffic on Rimrock Road.

The Engineering Division has worked to develop specific amendments to the existing code that will improve pedestrian safety and traffic safety. These amendments are tailored to street types such as arterial, collector or local streets. The new regulations attempt to anticipate every possible configuration of street, driveway or alley intersection but there are some unique or special situations that may require an individual determination by the City Traffic Engineer. The new regulations will allow for this type of determination.

At the September 1, 2009, Zoning Commission hearing, Terry Smith, City Traffic Engineer, was asked to work with Randy Hafer, a downtown property owner and architect, to revise the proposed ordinance to provide special consideration of clear vision areas for the Central Business District (CBD) zone.

Mr. Smith provided the additional language and revisions adapted specifically for the CBD zoning district at the October 6, 2009, Zoning Commission public hearing.

The Zoning Commission conducted a public hearing on September 1, 2009, and Randy Hafer, a downtown property owner and architect, testified. He stated the clear vision areas are suitable for suburban style development but are not applicable to a downtown area where most buildings have existed well before zoning was established and are built to the property lines. The Zoning Commission concurred and asked Terry Smith, City Traffic Engineer, to work with Mr. Hafer to develop specific standards for the CBD zoning district. The Zoning Commission continued the public hearing to its next meeting on October 6, 2009.

Those revision were presented at the continued public hearing at the Zoning Commission on October 6, 2009. Randy Hafer testified in favor of the revised ordinance and suggested 2 amendments. First, Mr. Hafer suggested that any clear vision area at an intersection in the CBD that extends 2 feet or less on to private property could be reviewed by the City Engineer and waived. Second, Mr. Hafer suggested that all buildings or parts of buildings should be exempt from the proposed clear vision area at alleys and driveways in the CBD. Greg Krueger, Development Director for the Downtown Billings Partnership, testified in favor of the changes with the 2 amendments as proposed by Mr. Hafer. Mr. Krueger noted that downtown property pays on average $5.00 per square foot in property taxes where residential property in neighborhoods outside downtown only pay 78 cents per square foot. Mr. Krueger testified that downtown is valuable both to the owner and to the city and maximizing the square footage of buildable area is imperative. Mr. Krueger testified that speeds in the CBD are much lower than other areas and the sidewalks wide enough for pedestrian safety without clear vision areas at driveways and alleys.

Terry Smith testified that he was agreeable to the proposed amendments suggested by Mr. Hafer with 2 exceptions. First, he noted that fences, walls and hedges should not be exempt from the alley and driveway clear vision areas in the CBD. He testified his own experience walking downtown has included some near misses where landscaping was too tall in these clear vision areas. Second, he suggested the building exemption at alleys and driveways should only apply to the pedestrian clear vision area (10 ft by 20 ft) but not to the proposed vehicle clear vision area at alleys and driveways.

Commission member Workman moved to recommend approval of the zone change with the 2 amendments suggested by Mr. Hafer and to not exempt landscaping, fences, walls and hedges from the building exemption for alley and driveway clear vision areas. Commission member Krivonen seconded the motion. The Zoning Commission voted 3-0 to recommend approval of the revised ordinance with the suggested changes by Mr. Hafer.

The proposed amendments meet several of the goals of the 2008 Growth Policy including:

• Improved traffic flow and reduce congestion by reducing potential harm to people and property and maintaining a safe and efficient flow of traffic (Page 11, 2008 Growth Policy, Transportation Element).
• Visually appealing rights of way that serve the needs of all modes of travel by employing smart & cost effective designs that recognize the needs of all users (Page 11, 2008 Growth Policy, Transportation Element).
• A safe and efficient transportation system characterized by convenient connections and steady traffic flow by identifying obstacles to traffic flow, minimizing impediments and managing demand (Page 11, 2008 Growth Policy, Transportation Element).
• City street maintained at safe standards (Page 11, 2008 Growth Policy, Transportation Element).
• Vehicles, pedestrians and bicycles safely and courteously sharing the roads (Page 12, 2008 Growth Policy, Transportation Element).