Staff recommends the City Council approve the second and final reading of the ordinance amending Billings, Montana City Code (BMCC), Section 6-1208 Curb Cut Regulations.

The City Council adopted new subdivision regulations in 2024.  As part of subdivision regulation effort, traffic study standards were updated creating an incongruity between traffic studies required for subdivisions and site development.  The curb cut ordinance is part of the site development regulations.  The curb cut ordinance update will provide consistency in traffic studies between site development and subdivision regulations, correct some of the current zoning code conflicts, and re-establish parking lot surfacing requirements that were removed with the implementation of the Re-Code zoning updates.  

To-date, staff engaged with local architects, engineers, surveyors, designers, the Home Builders Association, and various home builders through meetings and direct mailings of the draft code.  Staff presented the code revisions to Planning Board on April 22, 2025 and to the City Council on April 28, 2025 as a special presentation to receive direction.  At the April 28, 2025 meeting, the City Council discussed the proposed changes and generally agreed with those changes, but recommended removing references to private street requirements for sidewalks and street lights and to have a future discussion surrounding private streets.  Staff removed the language requiring sidewalks and street lights within private streets in this ordinance change.

At its meeting on May 27, 2025, the City Council conducted a public hearing and approved the first reading of an ordinance amending BMCC Section 6-1208 Curb Cut Regulations, including two changes recommended by staff:

• Section 6-1208 (d) Traffic Impact Study:  Delete "The City Engineer may require applicant analysis and review of a specific traffic impact created by a development generating less than 100 peak-hour or 1000 trips per day.
• Section 6-1208 (14) Abandoned or Unused Curb Cuts:  Add "At the time of building permit application approval," to the beginning of Section (14).

A red-lined and clean version of the amended curb cut ordinance is attached to this memo.

Staff sent out drafts of the proposed code to the Home Builders Association, individual builders and developers, architects, surveyors, and engineers.  Staff discussed the proposed changes at multiple Home Builders Local Issues meetings held monthly by planning and engineering staff and held an open house on April 9, 2025.  Staff presented the draft code to Planning Board on April 22, 2025 and to City Council on April 28, 2025.  A legal ad was published for this public hearing.

The City Council may:

• Approve the amendments to the code as recommended by staff; or
• Approve some of the proposed amendments

Approval of all or some of the proposed amendments will have a negligible financial impact on the City's budget.