Direction is requested from the City Council regarding the Planning Board's recommended amendments to subdivision regulations.

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

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. 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. Those divisions include City Engineering, Public Works, City Fire Department, City Parks, Transportation Planning and 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 was received. A public hearing was held on March 26, 2024, at which time the Planning Board delayed the subdivision regulation updates 60 days so that further stakeholder input and clarification of the regulations could be provided to the Planning Board.

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 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 /additions to the subdivision regulations requested by other City and County Departments.

See Attachments for a short run-down of each section of the proposed amendments to the subdivision regulations. Also attached are the handouts for the last two public meetings about the pros and cons of residential street lighting, cul-de-sac limitations and public parkland open frontage.

June 3rd City Council work session
A presentation was given to the city council about the proposed updates to the subdivision regulations for the city. These proposed updates include new state legislative changes and updates to the subdivision regulations to remove old information, to clarify some existing language and procedures and to add new items which include some CPTED principles. Some items are for safety and more connected neighborhoods.
The discussion from Council centered around a few items. Street design, widths, sidewalks vs. trails. Streetlights in residential neighborhoods, costs, details about types of lights meeting night sky standards. There were also questions about limiting Cul-de-sacs.  City Council asked for more information on what other communities in Montana are doing with lighting, cul-de-sacs and street widths. Also, more details on what costs are for different types of streetlights and different costs for different ways of installation of lights.
At a future work session, staff and council will be able to discuss in more detail the proposed updates and amendments to the subdivision regulations.

March 26th Planning Board Public Hearing 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:
One individual 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 it is 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. 

Staff 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.

Mr. Steve 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 made a motion to delay action on the proposed amended subdivision regulations for 60 days. The motion was seconded and approved unanimously.


The planning board held a meeting May 29th, after the 60 day delay they asked for in March, to discuss the proposed amended subdivision regulations. There were two people there that commented. One person spoke in favor of the proposed amendments to the subdivision regulations and stated that lighting in residential developments is a good step toward more safety and CPTED recommendations. The second person spoke positively about the amended subdivision regulations with the exception of lights being required in residential development. They felt it would add too much to the cost of lots. 

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 of 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.

The other public input opportunities included:

• On March 12, the Planning Board held a discussion meeting about the proposed updated subdivision regulations. Staff gave a presentation to the board going through each section of the regulations.
• A public hearing was held on March 26, 2024, at which time the Planning Board delayed the subdivision regulation updates 60 days.
• The Planning Department, Engineering and Parks 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 main topic of discussion at the meetings was lighting required in residential subdivisions. The argument was that this item would add extra cost to the purchasers of land in the subdivision. It was felt that residential lighting should not 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 for neighborhoods.

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

 

The Billings City Council is reviewing and discussing the subdivision regulations at this Work Session. At a future regular business meeting, the Council may:

• Approve of the regulations, or
• Approve the regulations with specific Planning Board / City Council approved amendments; or
• Recommend denial of the 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.