Regular 2.
Regular City Council Meeting
- Meeting Date:
- 11/09/2020
- TITLE
- Project ReCode - Zoning Code Amendment and Zoning Map Update
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
- Division:
- Planning
RECOMMENDATION
The City Zoning Commission conducted seven public hearings on the Zoning Code Amendments and Zoning Map Update. At the final public hearing on October 14, 2020, the Zoning Commission voted 5-0 to recommend approval of the Zoning Code Amendment and the Zoning Map Update to the City Council.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The City Zoning Commission has concluded a series of seven public hearings reviewing the Zoning Code Amendments and Map Update through Project Re:Code, a three-year collaborative effort initiated by the Yellowstone County Board of Planning in June 2017. The mission of the initiative by the Board was to ensure the zoning regulations for the City and County were updated to help implement the Growth Policies and community goals. The current regulations were first adopted in the County in 1972, have not been thoroughly updated since adoption, and were no longer meeting the needs of the community.
The new code will replace the existing zoning code in its entirety (BMCC Chapter 27). The 2016 Billings Growth Policy and the Project Steering Committee set of Guiding Principles were the foundation of all the work and drafting of the new code. The Steering Committee consisted of 18 members appointed by the City/County Planning Board to oversee and guide the community effort to re-draft the zoning for the city and county. The Steering Committee appointed four Working Groups to tackle the labor intensive work of reading, editing, and creating this new code. Those Working Groups were: Urban Issues, County Issues, Landscaping and Signs. Each member of the Steering Committee and Working Groups put in literally hundreds of volunteer hours to make this code update possible. The City and County each contributed funds for the hiring of a consultant team to work with staff and the Working Groups. The consultant team provided expertise in writing zoning codes, legal issues in land use, urban design, landscape design, assessing neighborhood character and local design knowledge. The draft code is a uniquely Billings zoning code. You will not read this code and think of Boise, ID, Rapid City, SD or Bozeman, MT. We did take best practices from peer cities and used them to fit our local needs. The consultant team and our volunteers crafted this code to fit this city and to help it achieve its stated growth goals in the City's 2016 Growth Policy:
1. Essential Investments (relating public and private expenditures to public values)
On July 21, 2020, the City Zoning Commission began its series of seven public hearings on the new code. The first session covered the proposed new residential zone districts and the requirements for these new zone districts. There are currently 22 zone districts where residential uses are allowed and only 10 of those districts are restricted to just residential uses. The Code Assessment completed by the consultant team and accepted by the Steering Committee indicated our code could be less complicated by coding for the development style and character of our existing neighborhoods. This resulted in seven neighborhood zone districts based on those neighborhood characteristics and uses. Those seven zone districts are:
On July 22, 2020, the Commission met to review the special uses that may be allowed in these new zone districts and the proposed new zoning process called Planned Neighborhood Development (PND) to address new neighborhoods to be annexed. The special uses reviewed were Accessory Dwelling Units (ADUs) and Short Term Rentals (STRs). The current zoning code does not allow either of these particular uses within a residential area. Commission member Jack King asked the Zoning Commission to have a further discussion on the proposed ADU regulations in this final hearing. Current code recognizes every dwelling unit on a property as a "primary" use of property. For example, a property in a residential zone that requires 9,600 square feet for each dwelling unit, an owner could build two dwellings if the lot is at least 19,200 square feet (1/2 acre). This lot area would be required regardless of the size or location of the second dwelling unit. The current code does not categorize dwellings as "primary" or "accessory". The proposed code would recognize an "accessory" dwelling by its size, location and its less than "primary" use. The accessory dwelling could not be sold as a separate dwelling unit, it has to stay with the primary dwelling forever. The proposed code would require one of the dwelling units to be owner-occupied and an accessory dwelling could not be a third unit on the property. In other words, you could have a primary dwelling and an accessory dwelling but if you already have two primary dwelling units you cannot add a third as an accessory dwelling unit. There are several other restrictions on size, design and other site development requirements. The new code would apply to new construction and to existing ADUs if the owner wants to take advantage of the new code allowance. Only four zone districts will be allowed to have an ADU by right: N1, N2, NX1 and RMH. The N3 zone would require a special review approval by the City Council to add an ADU to a property. The new ADU regulations would not override subdivision covenants or restrictions.
The proposed Short Term Rental regulations were reviewed by the Commission and there were no concerns about this draft. This draft is a set of "starter" regulations the city will likely revisit in one or two years to make adjustments as the new code is implemented. On any given day there are several hundred short term rentals advertised within the city although most of these locations are within residential neighborhoods. The Code Enforcement Division handles between one and five complaints each calendar year on short term rentals. In most cases, the owners were not aware the use was not allowed in the residential zone and the short term renting is stopped. The proposed code would allow this use - either as a guest house (renting a bedroom or a space within an occupied dwelling) or as a tourist home (an unoccupied dwelling) in residential areas and in some mixed use zone districts. The STR would have to be registered with the city and a 24/7 contact person named for any complaints about disruptions from the guests or if there are issues with property maintenance.
On July 23, 2020, the Commission met to review the new Commercial, Mixed Use, Industrial and Public zone districts. The proposed zoning districts for Commercial and Mixed Uses include the following:
These eight zone districts will replace the current lineup of 12 zone districts. The EBURD zone districts east of downtown and the CBD zone district will remain essentially same as current code. The ten retired zone districts have corollary zone districts such as the Residential Professional (RP) zone district is similar to the proposed Neighborhood Office-Residential (NO) zone district. The Downtown Support (DX) zone district will replace the S 27th St Corridor zone and the CC zoning along North 27th Street from downtown towards the airport, along 6th Avenue North and west of downtown to Division Street. The CMU1 and CMU2 will replace the CC zoning along commercial corridors and some of the Neighborhood Commercial (NC) zoning along these corridors. The NMU and NO districts will replace the NC and RP zoning in character with the site development and proximity to neighborhoods. The CX zone will replace most of the Highway Commercial (HC) zoning and some of the CI zoning.
The Industrial zone districts are essentially the same as the current industrial districts but area re-named to Light Industrial (I1) and Heavy Industrial (HI). Most of the existing uses will remain the same along with the basic setbacks, lot coverage and height limitations. Some of the incompatible uses allowed in the CI or HI zone districts, such as hospitals, nursing homes, residential dwellings, are not being carried forward into the new industrial zone districts. Some of the areas currently zoned CI may not update to the I.V district because of these less than industrial property uses. For example, some of the CI zoning on the south side of King Ave West will update to the CMU2 or CX zone to better fit the established uses.
The Public zone district will now have three sub-categories to better represent and predict the future uses of these zone districts. The proposed P1 zone will be for open space, parks and recreational property (public or private). The P2 zone district is a designation for schools, churches or religious institutions, cemeteries and civic uses with one or two structures on the property. The P3 zone is intended for larger campuses with three or more primary buildings focused on education, medical services or civic uses. These categories of Public zoning should help neighbors understand the expectations for the use and development of these adjacent parcels.
On September 15, 2020, the Commission met in a joint session with the County Zoning Commission to review the new Landscaping and Off-street Parking requirements as well as the new Proportionate Compliance section. The County has already adopted the new landscaping regulations (May 2019). The city's new landscaping regulations are similar and are a point-based system where the developer and designer can make a wide variety of choices to meet the landscaping requirements. A new provision in the code is that all zone districts for all developments will need to meet the minimum street frontage landscaping requirements. For most of the city zone districts this requires one street tree for every 40 feet of street frontage, but downtown will require a street tree for every 25 feet of street frontage. The Downtown Business Alliance and the City Engineering Division agree this was a reasonable number of street trees given the urban design of downtown with little private property landscaping. The P1 zone district is exempt from this requirement. Street trees can be planted within the front yard (within 10 feet of the back of the sidewalk) or in the public right of way with City Engineering approval.
The Off-street Parking requirements are not within the current city zoning code. The existing code section under the city code for Buildings will be retired and the parking requirements placed back into the zoning code. The construction specification for parking lots will remain under the purview of the City Engineering Division, but the parking ratio requirements will be part of the zoning code. The parking code has been updated based on an initial draft create by the Parking Advisory Board and staff in 2014. The Working Groups picked up where the 2014 draft left off and updated based on current understanding of parking demand, increasing demand for bike parking and the need for better walkability in commercial zones. Most of the mixed use zone districts will require off-street parking to be constructed to the side or rear of buildings so the building can be place along the main street frontage. Buildings that frame streets tend to slow traffic and provide more commercial visibility to drivers and pedestrians. It reduces the need for large freestanding signs since the buildings are prominent along the street frontage rather than a parking lot. There are provisions in the code that allow limited front yard parking in some of the zone districts and allow a double row of side yard parking in other zone districts. Downtown and the EBURD zone districts will continue to be exempt from minimum off-street parking requirements.
The Proportionate Compliance section of the code is intended to allow existing developed parcel incrementally increase site development amenities - such as landscaping and off-street parking - without triggering the full legal nonconforming compliance requirements. For example, a property developed along Grand Avenue in 1972, will likely not have much if any street frontage landscaping and may not meet the full off-street parking requirements. If the property were to change uses and a significant investment is proposed to upgrade the building, the Proportionate Compliance regulations can gradually allow some landscaping to be installed or parking spaces to be added without requiring full compliance with the new code.
A September 16, 2020 joint session with the County Zoning Commission was postponed to September 22 due to the lack of a quorum. This joint session on September 22, covered the new Sign Code, Nonconformities, Measurements and Definitions section. The new sign code was the result of gleaning the best features of the existing seven sign codes for the city and county, and two years of monthly meetings of the Sign Code Working Group. The resulting single sign code will result in new signs that make sense in the context of the zone district, the neighborhood and urban areas of Billings. The maximum height of freestanding signs is reduced from 30 feet to 25 feet, how to measure the size of the sign is clarified, and several signs not currently subject to regulations are included in this new code.
On September 23, 2020 the City Zoning Commission met a final time to review the draft Zoning Map Update and the Administrative Procedures in the new code. The zoning map update will move parcels in to one of the new zone districts based on the existing zone and current development of the property. The Planning staff and consultant team release an initial draft map in May 2019 and have been review and correcting errors as these or reported by property owners or found during an internal review. There are have eight map updates since May 2019.
The City Zoning Commission met in public hearing for a final session on October 14, 2020. The Zoning Commission reviewed the previous six public hearings. The Zoning Commission voted 5-0 to recommend to the City Council approval and adoption of the findings of the ten review criteria for the Zoning Code Amendment and Zoning Map Update.
Before making a decision of the proposed Zoning Code Amendments and the Zoning Map Update, the City Council shall consider the Zoning Commission proposed findings of the ten review criteria.
1) Whether the new zoning is designed in accordance with the growth policy;
The proposed Zoning Amendments and Map Updates are consistent with the 2016 Billings Growth Policy Statement and Growth Guidelines:
Statement:
Essential Investments (relating to public and private expenditures to public values)
2) Whether the new zoning is designed to secure from fire and other dangers;
The new zoning requires minimum setbacks, open and landscaped areas and building separations in most of the new zone districts. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. The proposed code is more predictable for public safety services by eliminating the unlimited height in the multi-family zone districts, and by making site design for safe access part of the development requirements for new construction.
3) Whether the new zoning will promote public health, public safety and general welfare;
Public health, public safety and the general welfare will be promoted by the proposed zoning code update. The proposed neighborhood zone districts remove the unnecessary 1972 suburban zoning designation from Billings' first neighborhoods, restoring property equity throughout these districts. The new neighborhood zone districts reflect the development character of existing zones rather than imposing a pattern that does not exist and never existed in these areas of Billings. The new code allows developers and builders to choose this historical development pattern for new neighborhoods as well. The Planned Neighborhood Development zoning tool will allow the city to plan new neighborhoods in partnership with owners so these newly annexed areas fit better. The PND rules allows the city to be a full participant at the table rather than accepting a zone decision and neighborhood plan developed without city input.
4) Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
Transportation: The proposed zoning code should help the city provide transportation across the entire spectrum of options from public transit, private vehicles, walking and biking. Sprawling development patterns of homogenous land uses separated by miles from different land uses is an unsustainable development pattern. It unnecessarily increases vehicle trips, drives up demand for parking spaces, wider and more abundant high speed arterial streets, contributes to air pollution and unhealthy life styles. The proposed code will allow new neighborhoods to be close to everyday services, will require amenities that support walking (street trees), and allow compact site designs that are currently prohibited by our out-of-date zoning.
Water & Sewer: The proposed code will make extension and renewal of existing city water and sewer services more sustainable by allowing traditional development patterns to persist and to be replicated in new neighborhoods.
Schools and Parks: Schools and parks should be sustainable with the new zoning code. The creation of new Public zone districts specific for these public facilities will help maintain these large pieces of the community fabric in neighborhoods. Demand for additional classroom space further and further from the urban core may persist for some time, but the sustainability and renewal of close in neighborhoods should provide more opportunity for in-fill that will maintain student populations within existing schools. Parks will be part of every new Planned Neighborhood Development and will be developed. The requirement can count towards the state requirement for dedication of parkland for new residential subdivisions (or payment of cash-in-lieu), but every new neighborhood will have at least a small gathering space to improve the sociability and resiliency of these new areas.
5) Whether the new zoning will provide adequate light and air;
The proposed zoning, as does the current zoning, provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.
6) Whether the new zoning will effect motorized and non-motorized transportation;
The new zoning has updated off-street parking requirements that better reflect the parking demand for land uses. This will allow businesses to supply the right amount of parking and for neighborhoods to be assured off street parking is adequate for new developments. The new code supports the efforts of many of our neighborhoods by allowing existing neighborhood service business to stay in place. Non-motorized travel should also be improved with the new standards for zone districts that require street front landscaping for all new development, and the provision for at least one bike parking rack at new businesses.
7) Whether the new zoning will promote compatible urban growth;
The new zoning does promote compatibility with urban growth. The City and County will have separate zoning codes but the new code requires the use of a Planned Neighborhood Development (PND) process to ensure better compatibility between the city and the county.
8) Whether the new zoning considers the character of the district and the peculiar suitability of the property for particular uses;
This criteria is not necessarily applicable other than the Zoning Map Update will place each zoned parcel into a new zone district that correlates to the existing zoning of the property and the existing or intended uses of the property. For example, a manufacture home park in a single family zone district would update to Residential Manufactured Home.
9) Whether the new zoning will conserve the value of buildings;
In general, the new zoning code should conserve the value of buildings throughout the City. The Zoning Map update seeks to ensure that current development and zoning is preserved and not placed in a nonconforming status whenever possible.
10) Whether the new zoning will encourage the most appropriate use of land throughout the City of Billings.
The zoning map update will encourage the most appropriate use of land in the City of Billings.
The new code will replace the existing zoning code in its entirety (BMCC Chapter 27). The 2016 Billings Growth Policy and the Project Steering Committee set of Guiding Principles were the foundation of all the work and drafting of the new code. The Steering Committee consisted of 18 members appointed by the City/County Planning Board to oversee and guide the community effort to re-draft the zoning for the city and county. The Steering Committee appointed four Working Groups to tackle the labor intensive work of reading, editing, and creating this new code. Those Working Groups were: Urban Issues, County Issues, Landscaping and Signs. Each member of the Steering Committee and Working Groups put in literally hundreds of volunteer hours to make this code update possible. The City and County each contributed funds for the hiring of a consultant team to work with staff and the Working Groups. The consultant team provided expertise in writing zoning codes, legal issues in land use, urban design, landscape design, assessing neighborhood character and local design knowledge. The draft code is a uniquely Billings zoning code. You will not read this code and think of Boise, ID, Rapid City, SD or Bozeman, MT. We did take best practices from peer cities and used them to fit our local needs. The consultant team and our volunteers crafted this code to fit this city and to help it achieve its stated growth goals in the City's 2016 Growth Policy:
"In the next 20 years, Billings will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options."
1. Essential Investments (relating public and private expenditures to public values)
- Planning and construction of safe and affordable interconnected sidewalks and trails are important to the economy and livability of Billings.
- Developed parks that provide recreation, special amenities (community gardens, dog parks, viewing areas), and active living opportunities are desirable for an attractive and healthy community
- Natural landscapes are important because they define the uniqueness of Billings and help protect the environment
- Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
- Infill development and development near existing City infrastructure may be the most cost effective
- The history and heritage of Billings are cornerstones of our community
- Neighborhoods that are safe and attractive and provide essential services are much desired
- Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e.. energy efficient) are desirable
- Enhancement and maintenance of public spaces and buildings through City stewardship is integral to a vibrant community
- Public and private partnerships are valuable for creating enhanced entryways into Billings
- Locally grown foods help sustain agriculture, provide healthy options, and support local businesses
- Encouraging the installation of art in public spaces enhances the places and showcases the talents and diversity of the community
- Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
- Attractive street scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
- Outdoor public spaces provide casual and relaxing gathering areas for people
- Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
- Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale street lights, street trees and walkable access to public spaces
- Implementation of the Infill Policy is important to encourage development of underutilized properties
- A mix of housing types that meet the needs of a diverse population is important
- The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
- Homes that are safe and sound support a healthy community
- Accessory dwellings units provide an important type of affordable housing options if compatible
- Connecting people to places with transportation choices is vital to the well-being of Billings’ residents, businesses and visitors
- Safe and accessible transportation systems benefit everyone’s quality of life
- Affordable public transit is much desired
- Development oriented to transit routes will provide more transportation choices and is preferred
- Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
- A diversity of available jobs can ensure a strong Billings’ economy
- Successful businesses that provide local jobs benefit the community
- Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
- Retaining and supporting existing businesses helps sustain a healthy economy
On July 21, 2020, the City Zoning Commission began its series of seven public hearings on the new code. The first session covered the proposed new residential zone districts and the requirements for these new zone districts. There are currently 22 zone districts where residential uses are allowed and only 10 of those districts are restricted to just residential uses. The Code Assessment completed by the consultant team and accepted by the Steering Committee indicated our code could be less complicated by coding for the development style and character of our existing neighborhoods. This resulted in seven neighborhood zone districts based on those neighborhood characteristics and uses. Those seven zone districts are:
N1 - First Neighborhood Residential
N2 - Mid-Century Neighborhood Residential
N3 - Suburban Neighborhood Residential
NX1 - Mixed Residential 1
NX2 - Mixed Residential 2
NX3 - Mixed Residential 3
RMH - Residential Manufactured Home
N2 - Mid-Century Neighborhood Residential
N3 - Suburban Neighborhood Residential
NX1 - Mixed Residential 1
NX2 - Mixed Residential 2
NX3 - Mixed Residential 3
RMH - Residential Manufactured Home
On July 22, 2020, the Commission met to review the special uses that may be allowed in these new zone districts and the proposed new zoning process called Planned Neighborhood Development (PND) to address new neighborhoods to be annexed. The special uses reviewed were Accessory Dwelling Units (ADUs) and Short Term Rentals (STRs). The current zoning code does not allow either of these particular uses within a residential area. Commission member Jack King asked the Zoning Commission to have a further discussion on the proposed ADU regulations in this final hearing. Current code recognizes every dwelling unit on a property as a "primary" use of property. For example, a property in a residential zone that requires 9,600 square feet for each dwelling unit, an owner could build two dwellings if the lot is at least 19,200 square feet (1/2 acre). This lot area would be required regardless of the size or location of the second dwelling unit. The current code does not categorize dwellings as "primary" or "accessory". The proposed code would recognize an "accessory" dwelling by its size, location and its less than "primary" use. The accessory dwelling could not be sold as a separate dwelling unit, it has to stay with the primary dwelling forever. The proposed code would require one of the dwelling units to be owner-occupied and an accessory dwelling could not be a third unit on the property. In other words, you could have a primary dwelling and an accessory dwelling but if you already have two primary dwelling units you cannot add a third as an accessory dwelling unit. There are several other restrictions on size, design and other site development requirements. The new code would apply to new construction and to existing ADUs if the owner wants to take advantage of the new code allowance. Only four zone districts will be allowed to have an ADU by right: N1, N2, NX1 and RMH. The N3 zone would require a special review approval by the City Council to add an ADU to a property. The new ADU regulations would not override subdivision covenants or restrictions.
The proposed Short Term Rental regulations were reviewed by the Commission and there were no concerns about this draft. This draft is a set of "starter" regulations the city will likely revisit in one or two years to make adjustments as the new code is implemented. On any given day there are several hundred short term rentals advertised within the city although most of these locations are within residential neighborhoods. The Code Enforcement Division handles between one and five complaints each calendar year on short term rentals. In most cases, the owners were not aware the use was not allowed in the residential zone and the short term renting is stopped. The proposed code would allow this use - either as a guest house (renting a bedroom or a space within an occupied dwelling) or as a tourist home (an unoccupied dwelling) in residential areas and in some mixed use zone districts. The STR would have to be registered with the city and a 24/7 contact person named for any complaints about disruptions from the guests or if there are issues with property maintenance.
On July 23, 2020, the Commission met to review the new Commercial, Mixed Use, Industrial and Public zone districts. The proposed zoning districts for Commercial and Mixed Uses include the following:
CBD - Central Business District - existing
DX - Downtown Support
CMU1 - Corridor Mixed-Use 1
CMU2 - Corridor Mixed-Use 2
NMU - Neighborhood Mixed-Use
NO - Neighborhood Office-Residential
CX - Heavy Commercial
EBURD - East Billings Urban Renewal District (5 sub- zone districts) - existing
DX - Downtown Support
CMU1 - Corridor Mixed-Use 1
CMU2 - Corridor Mixed-Use 2
NMU - Neighborhood Mixed-Use
NO - Neighborhood Office-Residential
CX - Heavy Commercial
EBURD - East Billings Urban Renewal District (5 sub- zone districts) - existing
These eight zone districts will replace the current lineup of 12 zone districts. The EBURD zone districts east of downtown and the CBD zone district will remain essentially same as current code. The ten retired zone districts have corollary zone districts such as the Residential Professional (RP) zone district is similar to the proposed Neighborhood Office-Residential (NO) zone district. The Downtown Support (DX) zone district will replace the S 27th St Corridor zone and the CC zoning along North 27th Street from downtown towards the airport, along 6th Avenue North and west of downtown to Division Street. The CMU1 and CMU2 will replace the CC zoning along commercial corridors and some of the Neighborhood Commercial (NC) zoning along these corridors. The NMU and NO districts will replace the NC and RP zoning in character with the site development and proximity to neighborhoods. The CX zone will replace most of the Highway Commercial (HC) zoning and some of the CI zoning.
The Industrial zone districts are essentially the same as the current industrial districts but area re-named to Light Industrial (I1) and Heavy Industrial (HI). Most of the existing uses will remain the same along with the basic setbacks, lot coverage and height limitations. Some of the incompatible uses allowed in the CI or HI zone districts, such as hospitals, nursing homes, residential dwellings, are not being carried forward into the new industrial zone districts. Some of the areas currently zoned CI may not update to the I.V district because of these less than industrial property uses. For example, some of the CI zoning on the south side of King Ave West will update to the CMU2 or CX zone to better fit the established uses.
The Public zone district will now have three sub-categories to better represent and predict the future uses of these zone districts. The proposed P1 zone will be for open space, parks and recreational property (public or private). The P2 zone district is a designation for schools, churches or religious institutions, cemeteries and civic uses with one or two structures on the property. The P3 zone is intended for larger campuses with three or more primary buildings focused on education, medical services or civic uses. These categories of Public zoning should help neighbors understand the expectations for the use and development of these adjacent parcels.
On September 15, 2020, the Commission met in a joint session with the County Zoning Commission to review the new Landscaping and Off-street Parking requirements as well as the new Proportionate Compliance section. The County has already adopted the new landscaping regulations (May 2019). The city's new landscaping regulations are similar and are a point-based system where the developer and designer can make a wide variety of choices to meet the landscaping requirements. A new provision in the code is that all zone districts for all developments will need to meet the minimum street frontage landscaping requirements. For most of the city zone districts this requires one street tree for every 40 feet of street frontage, but downtown will require a street tree for every 25 feet of street frontage. The Downtown Business Alliance and the City Engineering Division agree this was a reasonable number of street trees given the urban design of downtown with little private property landscaping. The P1 zone district is exempt from this requirement. Street trees can be planted within the front yard (within 10 feet of the back of the sidewalk) or in the public right of way with City Engineering approval.
The Off-street Parking requirements are not within the current city zoning code. The existing code section under the city code for Buildings will be retired and the parking requirements placed back into the zoning code. The construction specification for parking lots will remain under the purview of the City Engineering Division, but the parking ratio requirements will be part of the zoning code. The parking code has been updated based on an initial draft create by the Parking Advisory Board and staff in 2014. The Working Groups picked up where the 2014 draft left off and updated based on current understanding of parking demand, increasing demand for bike parking and the need for better walkability in commercial zones. Most of the mixed use zone districts will require off-street parking to be constructed to the side or rear of buildings so the building can be place along the main street frontage. Buildings that frame streets tend to slow traffic and provide more commercial visibility to drivers and pedestrians. It reduces the need for large freestanding signs since the buildings are prominent along the street frontage rather than a parking lot. There are provisions in the code that allow limited front yard parking in some of the zone districts and allow a double row of side yard parking in other zone districts. Downtown and the EBURD zone districts will continue to be exempt from minimum off-street parking requirements.
The Proportionate Compliance section of the code is intended to allow existing developed parcel incrementally increase site development amenities - such as landscaping and off-street parking - without triggering the full legal nonconforming compliance requirements. For example, a property developed along Grand Avenue in 1972, will likely not have much if any street frontage landscaping and may not meet the full off-street parking requirements. If the property were to change uses and a significant investment is proposed to upgrade the building, the Proportionate Compliance regulations can gradually allow some landscaping to be installed or parking spaces to be added without requiring full compliance with the new code.
A September 16, 2020 joint session with the County Zoning Commission was postponed to September 22 due to the lack of a quorum. This joint session on September 22, covered the new Sign Code, Nonconformities, Measurements and Definitions section. The new sign code was the result of gleaning the best features of the existing seven sign codes for the city and county, and two years of monthly meetings of the Sign Code Working Group. The resulting single sign code will result in new signs that make sense in the context of the zone district, the neighborhood and urban areas of Billings. The maximum height of freestanding signs is reduced from 30 feet to 25 feet, how to measure the size of the sign is clarified, and several signs not currently subject to regulations are included in this new code.
On September 23, 2020 the City Zoning Commission met a final time to review the draft Zoning Map Update and the Administrative Procedures in the new code. The zoning map update will move parcels in to one of the new zone districts based on the existing zone and current development of the property. The Planning staff and consultant team release an initial draft map in May 2019 and have been review and correcting errors as these or reported by property owners or found during an internal review. There are have eight map updates since May 2019.
The City Zoning Commission met in public hearing for a final session on October 14, 2020. The Zoning Commission reviewed the previous six public hearings. The Zoning Commission voted 5-0 to recommend to the City Council approval and adoption of the findings of the ten review criteria for the Zoning Code Amendment and Zoning Map Update.
Before making a decision of the proposed Zoning Code Amendments and the Zoning Map Update, the City Council shall consider the Zoning Commission proposed findings of the ten review criteria.
1) Whether the new zoning is designed in accordance with the growth policy;
The proposed Zoning Amendments and Map Updates are consistent with the 2016 Billings Growth Policy Statement and Growth Guidelines:
Statement:
In the next 20 years, Billings will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options.
Growth Guidelines:Essential Investments (relating to public and private expenditures to public values)
- Planning and construction of safe and affordable interconnected sidewalks and trails are important to the economy and livability of Billings.
- Developed parks that provide recreation, special amenities (community gardens, dog parks, viewing areas), and active living opportunities are desirable for an attractive and healthy community
- Natural landscapes are important because they define the uniqueness of Billings and help protect the environment
- Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
- Infill development and development near existing City infrastructure may be the most cost effective
- The history and heritage of Billings are cornerstones of our community
- Neighborhoods that are safe and attractive and provide essential services are much desired
- Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e.. energy efficient) are desirable
- Enhancement and maintenance of public spaces and buildings through City stewardship is integral to a vibrant community
- Public and private partnerships are valuable for creating enhanced entryways into Billings
- Locally grown foods help sustain agriculture, provide healthy options, and support local businesses
- Encouraging the installation of art in public spaces enhances the places and showcases the talents and diversity of the community
- Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
- Attractive street scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
- Outdoor public spaces provide casual and relaxing gathering areas for people
- Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
- Safe and livable neighborhoods can be achieved through subdivision design walkable access to public spaces
- Implementation of the Infill Policy is important to encourage development of underutilized properties
- A mix of housing types that meet the needs of a diverse population is important
- The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
- Homes that are safe and sound support a healthy community
- Accessory dwellings units provide an important type of affordable housing options if compatible
- Connecting people to places with transportation choices is vital to the well-being of Billings’ residents, businesses and visitors
- Safe and accessible transportation systems benefit everyone’s quality of life
- Affordable public transit is much desired
- Development oriented to transit routes will provide more transportation choices and is preferred
- Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
- A diversity of available jobs can ensure a strong Billings’ economy
- Successful businesses that provide local jobs benefit the community
- Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
- Retaining and supporting existing businesses helps sustain a healthy economy
2) Whether the new zoning is designed to secure from fire and other dangers;
The new zoning requires minimum setbacks, open and landscaped areas and building separations in most of the new zone districts. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. The proposed code is more predictable for public safety services by eliminating the unlimited height in the multi-family zone districts, and by making site design for safe access part of the development requirements for new construction.
3) Whether the new zoning will promote public health, public safety and general welfare;
Public health, public safety and the general welfare will be promoted by the proposed zoning code update. The proposed neighborhood zone districts remove the unnecessary 1972 suburban zoning designation from Billings' first neighborhoods, restoring property equity throughout these districts. The new neighborhood zone districts reflect the development character of existing zones rather than imposing a pattern that does not exist and never existed in these areas of Billings. The new code allows developers and builders to choose this historical development pattern for new neighborhoods as well. The Planned Neighborhood Development zoning tool will allow the city to plan new neighborhoods in partnership with owners so these newly annexed areas fit better. The PND rules allows the city to be a full participant at the table rather than accepting a zone decision and neighborhood plan developed without city input.
4) Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
Transportation: The proposed zoning code should help the city provide transportation across the entire spectrum of options from public transit, private vehicles, walking and biking. Sprawling development patterns of homogenous land uses separated by miles from different land uses is an unsustainable development pattern. It unnecessarily increases vehicle trips, drives up demand for parking spaces, wider and more abundant high speed arterial streets, contributes to air pollution and unhealthy life styles. The proposed code will allow new neighborhoods to be close to everyday services, will require amenities that support walking (street trees), and allow compact site designs that are currently prohibited by our out-of-date zoning.
Water & Sewer: The proposed code will make extension and renewal of existing city water and sewer services more sustainable by allowing traditional development patterns to persist and to be replicated in new neighborhoods.
Schools and Parks: Schools and parks should be sustainable with the new zoning code. The creation of new Public zone districts specific for these public facilities will help maintain these large pieces of the community fabric in neighborhoods. Demand for additional classroom space further and further from the urban core may persist for some time, but the sustainability and renewal of close in neighborhoods should provide more opportunity for in-fill that will maintain student populations within existing schools. Parks will be part of every new Planned Neighborhood Development and will be developed. The requirement can count towards the state requirement for dedication of parkland for new residential subdivisions (or payment of cash-in-lieu), but every new neighborhood will have at least a small gathering space to improve the sociability and resiliency of these new areas.
5) Whether the new zoning will provide adequate light and air;
The proposed zoning, as does the current zoning, provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.
6) Whether the new zoning will effect motorized and non-motorized transportation;
The new zoning has updated off-street parking requirements that better reflect the parking demand for land uses. This will allow businesses to supply the right amount of parking and for neighborhoods to be assured off street parking is adequate for new developments. The new code supports the efforts of many of our neighborhoods by allowing existing neighborhood service business to stay in place. Non-motorized travel should also be improved with the new standards for zone districts that require street front landscaping for all new development, and the provision for at least one bike parking rack at new businesses.
7) Whether the new zoning will promote compatible urban growth;
The new zoning does promote compatibility with urban growth. The City and County will have separate zoning codes but the new code requires the use of a Planned Neighborhood Development (PND) process to ensure better compatibility between the city and the county.
8) Whether the new zoning considers the character of the district and the peculiar suitability of the property for particular uses;
This criteria is not necessarily applicable other than the Zoning Map Update will place each zoned parcel into a new zone district that correlates to the existing zoning of the property and the existing or intended uses of the property. For example, a manufacture home park in a single family zone district would update to Residential Manufactured Home.
9) Whether the new zoning will conserve the value of buildings;
In general, the new zoning code should conserve the value of buildings throughout the City. The Zoning Map update seeks to ensure that current development and zoning is preserved and not placed in a nonconforming status whenever possible.
10) Whether the new zoning will encourage the most appropriate use of land throughout the City of Billings.
The zoning map update will encourage the most appropriate use of land in the City of Billings.
STAKEHOLDERS
The City Zoning Commission held six topic focused public hearings on the draft code and zoning map update in the past four months. The Commission held a final hearing on October 14, 2020, and reviewed a recommendation to the City Council. The Zoning Commission is forwarding a recommendation of approval to the City Council.
The public hearings were conducted in multiple formats to allow for maximum participation. The formats included in person attendance at the Senior Center, on line via live feed on Facebook and on the Zoom virtual meeting platform. Community 7 TV live broadcast the hearings on their Facebook page and on the Planning & Community Services Facebook page. We had a public comment call in phone for each hearing. The first three sessions in July had 32 people attend in person. The live broadcasts were viewed by over 170 people on July 21, and over 130 viewers for the July 22 and the July 23 hearings. The three hearings in September had fewer persons attend in person and lower numbers for viewers on the live broadcasts. All of the hearings are recorded and still available for viewing on the Community 7 TV and Planning Facebook pages.
Over the course of the 3 years of Project ReCode, the Steering Committee and Working Groups held over 100 advertised public meetings to review, critique and re-draft the new code sections. The consultant team held meetings in June and July of 2018 to gather public input on zoning and land use issues from more than a dozen community groups, elected and appointed officials, and neighborhoods. In October 2018, the consultant team held three days of open house meetings on the findings of the Code Assessment, a foundation document for the new code.
As the Working Groups completed their work at the end of 2019, many members of the development community began to "test" the proposed new code to learn the specifics and to see how the new code would serve their clients and property owners. The land development professionals were anticipating the code to be adopted in early 2020. Then the global COVID-19 pandemic took over. The draft was completed and uploaded to the Project ReCode website - https://project-recode.com/code-outline - in March and April of 2020. Developers and community builders are eagerly awaiting these new and improved zoning tools. We have several developers who could not wait out the longer process of adoption and have moved forward with subdivisions, annexations, zone changes and variances. These developers may switch gears when the new code is
adopted.
In addition to the 100+ public meetings of the Working Groups, Planning staff has made over 20 public presentations in the last 18 months on Project ReCode. Those presentations were made to the following groups - some more than once:
The public hearings were conducted in multiple formats to allow for maximum participation. The formats included in person attendance at the Senior Center, on line via live feed on Facebook and on the Zoom virtual meeting platform. Community 7 TV live broadcast the hearings on their Facebook page and on the Planning & Community Services Facebook page. We had a public comment call in phone for each hearing. The first three sessions in July had 32 people attend in person. The live broadcasts were viewed by over 170 people on July 21, and over 130 viewers for the July 22 and the July 23 hearings. The three hearings in September had fewer persons attend in person and lower numbers for viewers on the live broadcasts. All of the hearings are recorded and still available for viewing on the Community 7 TV and Planning Facebook pages.
Over the course of the 3 years of Project ReCode, the Steering Committee and Working Groups held over 100 advertised public meetings to review, critique and re-draft the new code sections. The consultant team held meetings in June and July of 2018 to gather public input on zoning and land use issues from more than a dozen community groups, elected and appointed officials, and neighborhoods. In October 2018, the consultant team held three days of open house meetings on the findings of the Code Assessment, a foundation document for the new code.
As the Working Groups completed their work at the end of 2019, many members of the development community began to "test" the proposed new code to learn the specifics and to see how the new code would serve their clients and property owners. The land development professionals were anticipating the code to be adopted in early 2020. Then the global COVID-19 pandemic took over. The draft was completed and uploaded to the Project ReCode website - https://project-recode.com/code-outline - in March and April of 2020. Developers and community builders are eagerly awaiting these new and improved zoning tools. We have several developers who could not wait out the longer process of adoption and have moved forward with subdivisions, annexations, zone changes and variances. These developers may switch gears when the new code is
adopted.
In addition to the 100+ public meetings of the Working Groups, Planning staff has made over 20 public presentations in the last 18 months on Project ReCode. Those presentations were made to the following groups - some more than once:
- Property Managers & Landlords
- Berkshire Hathaway Realtors
- Home Builders Association
- Billings Area Realtors
- Assistant Secretary of HUD
- Community Development Board
- Neighborhood Task Forces (Rimrock, West End, Heights & Central Terry)
- Adjacent Neighborhood Committee
- League of Women Voters - Local Government Sessions
- Downtown Rotary
- Yellowstone Bank
- Restaurant and Tavern Owners
ALTERNATIVES
The Council May:
- Choose to keep the Public Hearing and 1st reading open to the next regular City Council meeting to continue its review of the code and hear additional testimony.
- Conduct the public hearing, close the hearing, and make a motion to support the Zoning Commission recommendation to approve the Zoning Code Amendment and Map Update, and adopt the findings of the 10 criteria
- Conduct the public hearing, close the hearing, and make a motion to support the Zoning Commission recommendation, but make amendments to the Zoning Code Amendment Draft before approving the Zoning Code Amendment and Map Update, and adopt the findings of the 10 criteria
- Conduct the public hearing, close the hearing, not support the Zoning Commission recommendation and deny the Zoning Code Amendment and Map Update, and adopt different findings of the 10 criteria.
FISCAL EFFECTS
The proposed amendment and zoning map update should not have a significant effect on the Planning Division budget. The Division has developed some application fees that will apply to some of the new types of administrative processes outlined in the code to help cover costs. These fees have already been approved as part of the FY21 Planning Division budget.