County Zone Change #693 - This is a zone change to amend several sections of the Yellowstone County Zoning Regulations regarding provision for landscaping with new development or redevelopment of land within the 4.5-mile zoning jurisdiction. These amendments have been developed through the Project Re:Code planning process, have been vetted by the Landscaping Working Group, and the amendment was initiated by the Yellowstone County Board of Planning on February 26, 2019. These amendments are preceding the larger amendments to the overall zoning code, so new or pending County developments can proceed under new and more effective landscape regulations.
 

The Planning Division is recommending approval.
 

Not Applicable

Not Applicable

In the original 1973 County zoning regulations, there were minimal provisions for site development requirements such as landscaping. The only section that required any natural vegetation screening was where parking lots would be adjacent to residential property. In the mid-1980s, the County adopted additional landscaping requirements for new developments that required sites of 5 acres or less to provide 10% of the area in landscaping, sites from 5 acres to 10 acres would provide 8%, and sites over 10 acres would provide 7% of the total site in landscaping. There were no other landscaping requirements in the code until September 1993, when the City and County adopted the Entryway/Interchange zone district (Sec. 27-1000). The provisions for landscaping in this 1993 Entryway code have remained unchanged for the last 26 years. The Entryway code is specific on types of plant material required and the amount of each kind of plant for street frontages and buffer yards. In 1997, the City and County unified the zoning code and adopted a new code section to cover landscaping requirements for all other zone districts (Sec. 27-1100) except for the Entryway/Interchange districts that remained the same.

Not Applicable

The Yellowstone County zoning regulations had its last major modification and update in 1973. In 1997, the County and City merged the zoning regulations into one document called the Unified Zoning Regulations. Over the past 45+ years, the City and County have adopted numerous and progressive community growth policies and goals but the zoning regulations have remained largely unchanged.

In 2016, the year Lockwood and Billings adopted new growth policies, it was clear the existing zoning regulations and development tools could no longer serve to implement these policies and meet the changing development demands in the City and County. The Yellowstone County Board of Planning initiated Project Re:Code in 2017 to amend, revise and modernize the zoning regulations. A steering committee was appointed by the Planning Board and 4 working groups were created from this steering committee. One of those working groups is focused on landscaping requirements for City and County developments. The proposed amendments to the County landscaping requirements have been prepared with the assistance of the Project Re:Code consultant team (SafeBuilt, Codametrics and High Plains Architects) and reviewed and vetted through the Landscaping Working Group.
 
The Board of County Commissioners are concerned with new or pending developments subject to the outdated landscaping requirements in the County zoning regulations. For example, in the Entryway/Interchange zone districts (Sec. 27-1000), buffer yards are required to have a pre-set number of trees and shrubs per 100 lineal feet. The buffer yard can vary in width, but the regulations require more plants for narrow buffer yards and fewer plants for wider buffer yards. It is known through the experience of Planning staff, professional landscape designers and landscape architects, this is not a viable scheme to create enduring and durable landscaped areas. In fact, most of these buffer yard plants will die back within a few years to what is sustainable. Another key example of issues with the current landscape regulations is the disparate treatment between zone districts and land uses. Under the current regulations for other commercial districts (Sec. 27-1100) a site of less than 130,000 square feet does not need to provide any landscaping between the subject property and adjacent land uses unless it is a commercial use adjacent to a residential use. The requirement in this case is to provide a 6-foot sight-obscuring fence, but no living plants or trees.
 
Zone changes over the years have also helped to create a patchwork of site development requirements in the County. For example, a Heavy Industrial zone requiring no landscaping under current code (Sec. 27-1100) may be directly across the street or near an Entryway zone that requires heavy street frontage and buffer yard plantings (Sec. 27-1000).
 
In September 2017, the City and County agreed to separate the zoning regulations in order to ease the process of modification and with the understanding some areas of the zoning regulations must be different for the two jurisdictions. One of these areas is concerning site development requirements outside the City limits where access to public utilities and other infrastructure may be limited.

In January 2018, the Project Re:Code Steering Committee adopted 9 guiding principles to help the working groups and the consultant team as zoning code drafts are considered. These guiding principles are:

• CLARIFY AND SIMPLIFY - All new regulations will be written in Plain English to maximize readers’ ability to find what they need, understand what they find, and use what they find to meet their needs.
• REGULATE WHAT MATTERS - The regulations will have a clear alignment with community goals today while allowing for changing goals in the future..
• PRESERVE AND PROTECT THE RIGHTS OF OWNERS AND RESIDENTS - The regulations will recognize and incorporate clear and well defined processes that uphold property rights and access to housing choices.
• PREVENT CONFLICTS - The regulations will be internally consistent and will not create direct or un-reconcilable conflicts.
• OPTIONS AND CONTEXT - The regulations will provide a range of site development options with clear criteria and guidelines for allowing alternatives to future development as well as changes to existing neighborhoods as the community’s goals change.
• MAINTAIN WHAT WE CARE ABOUT - The regulations will encourage stability of existing neighborhoods while allowing for changes over time.
• FILL THE VOID – The regulations will consider and include land uses and combinations of land uses that have been overlooked or not considered in the current code and methods for accommodating new use options.
• PROSPERITY – The regulations will serve to support the community’s need and desire to remain regionally competitive in the recruitment of businesses, expansion of existing business, and private investment in the economy, all to promote job creation.

The Landscaping Working Group has applied these guiding principles to the proposed draft regulations for the County. The Planning staff has helped guide and review these regulations as well. Planning staff believes the proposed regulations conforms to the Steering Committee's guiding principles as well as helps the County meet its stated growth policy goals and objectives including the Lockwood Growth Policy (2016).
 
All zone changes must be reviewed in accordance with the 11 criteria for County zone changes, including text amendments. Some of the 11 criteria may not be directly applicable to text amendments such as criteria four - Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
 
The proposed text amendments meets the 11 criteria for county zone changes including the goals of the 2008 County Growth Policy and the 2016 Lockwood Growth Policy. The proposed findings for each criteria are included as an attachment. The findings for the primary review criteria - "Whether the new zoning is designed in accordance with the growth policy" - are summarized below.
 
2008 County Growth Policy:
GOALS:

• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.

The proposed regulations will provide more consistent site developments in the county by using a point based system for determining appropriate buffer yards between uses, and by always requiring street frontage landscaping for new uses.

•  New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County town-sites.

The proposed regulations will make new developments more compatible and will reduce conflicts between proposed and existing or intended new developments regardless of the zoning district designations.

• Contiguous development focused in and around existing population centers separated by open space.

The working group, steering committee and County Commissioners have heard from many developers and stakeholders during the code drafting process. A primary concern is the number of new commercial developments that are happening just beyond the zoning jurisdiction, in part because of the inconsistent and unpredictable site development regulations. This pushes development further from population centers and further from available county services.

• More housing and business choices within each neighborhood.

A similar concern with the current code is the lack of consistent buffering between businesses and neighborhoods. New businesses adjacent to neighborhoods should not only be servicing residents needs, but should provide transition areas between those uses to help buffer as well as provide access. The proposed regulations will help achieve this goal.

• Attractive and accessible communities.

The current code does not always require street frontage landscaping. Street frontage landscaping adds to the community appeal, and creates "curb appeal" to any property. The proposed code will require street frontage landscaping on a consistent basis.

• Preserve neighborhood character and quality of life.

The current code has some provisions to help buffer incompatible uses however it is not finely tuned. For example, a new development occurs and there is adjacent vacant land zoned for commercial use. The adjacent land owner then develops the commercially zoned land for residences. The current code does not require either owner to place a buffer yard between the uses. The proposed buffer yard requirements in the point system will resolve this flaw.

• Visually appealing communities.

A visually appealing community can be created by requiring street frontage landscaping for new developments and by creating regulations that are easy to read, understand, and require the most appropriate level of landscaping for each specific site development. Regulations that are not finely tuned, do not make sense or are not consistent and encourage developers to look outside of the county's zoning jurisdiction.

• An inviting and attractive urban interstate corridor through the County.

The existing landscape regulations require some areas to treat I-90 as a "street" but other zones do not consider I-90 a street for landscaping. As development occurs, it is important for businesses in the corridor to maintain a clear view if they are selling merchandise to the traveling public while also providing a welcoming corridor into the community. Some businesses or neighborhoods may want more visual and sound buffering from the interstate. The proposed new code allows and encourages new developments to combine and design street frontage landscaping that makes sense for those sites.

• A sustainable supply of clean water. 

The Lockwood Water and Sewer District as well as the Billings Heights Water Districts supply a significant number of residents in the zoned areas of the county with drinking water. Some county residents use irrigation water (ditch companies) or irrigation wells to water their landscaping during the growing season. Many businesses and residents do rely on a consistent supply of water from the drinking water supply to keep their landscaping alive. This puts a big strain on these water suppliers during the summer. In Billings, the average daily drinking water demand almost doubles during the growing season to keep up with outdoor water use. The proposed regulations apply a point system that rewards low-water, drought tolerant or drought avoiding plant choices. The proposed system does allow points for turf grass, a water hogging plant, but at a lower rate than other plants choices. Reducing the use of drinking water to keep landscaping alive will allow the water supply to be more sustainable over time.

• Safe traffic speeds consistent with the surrounding uses.

Safe travel speeds not only are posted on each right of way, but ease of compliance is based on the driver's perception of what a safe travel speed is for each segment of a road. For example, a wide, straight road with no roadside distractions will encourage a faster travel speed in most drivers, regardless of the posted speed limit. Roads that are not straight, have more buildings or driveways, more lanes of traffic, signage, and on street parking can encourage slower speeds. An attractive street landscaping can have similar effect and encourage safer driving speeds especially on local roads where most speed limits are 25 mph. The proposed regulations will consistently require street frontage landscaping.

• Visually appealing rights-of-way that serve the needs of all modes of travel.

The proposed requirement for street frontage landscaping will make county roads and business areas more appealing and will make for a more pleasant walking experience. Trees in the street frontage landscaping will provide shade and dust will be reduced by other plantings.

• Vehicles, pedestrians and bicyclists safely and courteously sharing facilities.

The proposed code will require street frontage landscaping. This landscaping not only provides an attractive community appearance it serves as a visual line between the traveled road and the private property. This is the area where pedestrians and bicyclists travel and this visual cue to drivers will make sharing the road an easier task.

• Predictable and timely development review procedures.

The current fractured landscaping code requirements makes the review of new county developments challenging for staff and for professionals that assist developers with site planning. A more consistent set of regulations will make these reviews more predictable and timely.

• Healthy, safe neighborhoods and communities with sense of pride.

The proposed regulations will require better buffer yards between new businesses and existing or potential new neighborhoods. Requiring and recommending tree types that are native and are drought tolerant will add to the tree canopy in county neighborhoods. Communities with resilient and sustainable landscaping experience safer and healthier neighborhoods.
 
2016 Lockwood Growth Policy

• Consider constructing private and public improvements to higher design standards in the more densely developed area

The proposed regulations will improve site designs in and around Lockwood by requiring the right types and amount of landscaping based on site-specific considerations. This will result in better designs overall and will maximize the livability of the Lockwood area.

The Planning staff recommends approval of the proposed text amendment based on the proposed findings of the 11 review criteria which are attached to this staff report. The proposed regulations support the goals and policies of the county and will result in a more sustainable development pattern in the zoned area of the county.

The Planning staff has reviewed the proposed amendments to the County Zoning regulations regarding the provision of landscaping. The proposed amendments are supported by the findings of the 11 review criteria, follows the guiding principles adopted by the Project Re:Code Steering Committee and has the support of the Landscaping Working Group.

Staff recommends approval of Zone Change 693.