Yellowstone County denies zone change request for dispensary at 1604 S. 40 8th St. W.

The Yellowstone County Board of County Commissioners on April 23 denied County Zone Change 7‑23, a request to rezone a property at 1604 South 40 8th Street West to General Commercial so the GreenBee/Greenview dispensary and associated businesses could remain at their current location.

Nicole (planning staff) described the parcel and its context, telling commissioners the property is presently zoned Bridger Residential 1 and is adjacent to Rebecca Estates to the north and west, Canyon Creek Nursery to the south and commercial uses on the north side of Hesper Road. She said the Zoning Commission had concluded the proposed General Commercial zoning conflicted with the county’s West Billings growth policy and was not compatible with adjacent rural residential character; staff findings in the packet differ in places and are provided for the board’s consideration.

Neighbors who testified said the site’s greenhouse and grow operations produce a strong odor that they experience year‑round and that the operation has damaged neighborhood aesthetics and raised concerns about property values and public safety. Brian Bridal, a property owner immediately west of the parcel, warned that drivers attempting to reach the dispensary had driven across his land. Ron Bach and Randy Paulson described the greenhouse as close to homes and in one witness’s account “less than 20 feet” from a neighbor’s lot line. Paulson said he had shut off his fresh‑air exchanger at times to avoid the smell.

Anthony Sauer, who identified himself as a partner and agent for the applicant, said the business predated reclassification of the parcel to residential, has undergone state and local inspections, and has installed carbon filters and completed cleanups in response to neighborhood concerns. Sauer said a commercial zoning classification would enable the owners to invest further in infrastructure — for example, installing a privacy fence and additional filtration — to reduce impacts on neighbors.

Speaker 10 moved to deny the zone change, citing the Zoning Commission’s recommendation and its review criteria. After a second and brief additional comments from a caller who said mitigation steps had been taken, the board voted in favor and the zone change was denied by voice vote.

The decision keeps the parcel in its current residential zoning; commissioners did not adopt alternate conditions or direct staff to return with mitigation requirements as part of the denial. The applicant and neighbors were present for the hearing; the applicant argued rezoning was necessary to protect employees and the business, while neighbors urged the board to prioritize residential character and address persistent odor and access problems. The board did not schedule further action on this item during the meeting.