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2.
Council Work Session
Meeting Date:
01/06/2020
TITLE
Project Re:Code - Update and Draft Code Section Review
Department:
Planning & Community Services
Presentation:
Yes

PROBLEM/ISSUE STATEMENT

In June 2017, the City and County working through the Planning Board, initiated a major update to the existing Zoning Regulations. The process has been a collective effort of over 32 volunteers serving on the project Steering Committee or Working Groups, or both, logging more than 6,300 hours of review and work on the draft code.
 
Staff provided an update on the process and the planned adoption schedule to the City Council at its November 18, 2019 Work Session. At that meeting, Council agreed staff should bring back some of the “hot topics” of Project Re:Code at Council Work Session discussions in January. The following topics will be reviewed at this meeting:
  • New Code Focus - The new code will be a unique set of zoning regulations for each jurisdiction guided by the adopted City, County and Lockwood growth policies. There will be many similarities between the two codes, but there will be distinctive rules that apply only in the City or County. The City and County growth policy documents focus on maintaining the integrity of our neighborhoods, strengthening areas in decline, as well as planning for the economic stability and prosperity of the region. Special attention will concentrate on areas of growth while maintaining the rural residential areas surrounding Billings. The Project Re:Code Steering Committee and Working Groups also used the attached Guiding Principles to help in focusing the effort as the process moved forward.
  • ADUs – A special subcommittee reached consensus agreement to allow Accessory Dwelling Units (ADUs) as a housing choice in all of our Neighborhood zone districts. This involved six, two-hour Friday morning meetings from mid-April 2019 to June 2019 to hammer out details on this re-emerging housing choice in Billings. Both the Urban Issues and County Issues Working Groups affirmed the subcommittee’s consensus agreement on the regulations.
  • N Districts – There are seven new “N” or residential zoning districts under the new draft code. While the allowed residential uses existing in the current code continue to be allowed and maintained, the real focus in developing the new residential districts was to reduce redundant districts, maximize conformity of existing housing in neighborhoods, and provide multiple housing options while insuring redevelopment “fits” into existing neighborhoods in terms of their look and feel.
  • Planned Neighborhood Development (PND) – The PND zoning option is designed to provide a predictable development process for developers and the community as well as ensure a mix of housing and, in some cases, retail and service uses are provided for existing and future residents. The PND concept is to promote the following:
    • Establish development in city growth areas that provides sufficient density and intensity to support existing and planned public infrastructure investment.
    • Ensure large- and small-scale development patterns  are designed in conjunction with connected and expandable networks for roads, water, sewer, and storm water.
    • Require transitional development at the urban/rural interface in anticipation of future annexation and avoid very low density, rural-scale development.
    • Provide guided flexibility in design and use of an individually owned property or a group of separately owned properties to allow for economy, convenience, and amenity in development, while still insuring that development is supportive of and maximizes public infrastructure investment.
    • Promote a mix of well-connected structures and uses creating walkable, attractive, and livable neighborhoods.
  • Short Term Rentals – Also known as AirBnB, Vacation Rental By Owner (VRBO) and similar rent-your-home platforms, these uses are not clearly regulated in the existing zoning code. A careful reading of the definitions and use table are required to understand the use is not an allowed use in a residential zone. The proposed regulations would allow a short-term rental in select neighborhood districts, require a planning permit, and a normal residential occupancy by either the owner or a long term tenant (30 days or more). The regulation would not override any private covenant or restriction on property and the planning permit is distinct to a person and does not run with the property. The draft regulations pull from many of the best practices developed over the past five years regionally and nationally.
  • Frequently Asked Questions (FAQs) from the Process – As staff and the consultant team heard from the community and developed the Project Re:Code website, questions and answers about the process were provided for the public at https://project-recode.com/faq-page Further questions also were recently collected from meetings with the West End Task Force and others. These questions have been compiled and provided as an attachment to this memo for review and reference.
Next Steps
  • The Urban Issues and County Issues Working Groups, staff and consultants are completing draft reviews of Parking, Alcohol and Gambling Uses, Planned Neighborhood Developments (for the urban/rural interface), and Procedures. The Sign Working Group and Landscape Working Groups have completed meetings and final drafts of Sign and Landscape codes are being prepared for the review and adoption process.
  • Staff will bring the following additional topics to the City Council Work Session on January 21: Casinos, Signage, Community Commercial District conversion to new mixed-use and commercial districts.
Public hearings with the Zoning Commissions are planned for February/March with recommendations to the City Council and Board of County Commissioners for hearings in April. Staff intends to make each hearing with the Zoning Commission topic focused - for example, a hearing focused on the map and new zone districts, another for signs and site development standards, another for alcohol and gambling uses, and one for general comments and testimony.

RECOMMENDATION

No formal action is needed at this time, but staff will make a brief presentation and be available to answer Council questions at the meeting on the topics summarized in this memo in preparation for the public drafts being completed for public hearings.

Attachments