The Zoning Commission is recommending approval of Zone Change 1061 and adoption of the findings of the 10 review criteria. The City Council approved the zone change on first reading with a super majority vote on March 24, 2025. A second reading also requires a super majority vote to overcome the valid protest against the zone change.

This is a zone change from Public 1 - Parks and Open Space to Public 2 - Public, civic and institutional for a 5.145-acre portion of a 14.98 acre parcel of land known as Wilson Park. The subject property is owned by the city and the proposed zone change is to facilitate the lease or sale of this portion to the Yellowstone Valley Animal Shelter (YVAS) to build a new regional animal shelter that will benefit the public. There is a concurrent annexation request to bring the entire 14.98-acre park into the city limits. The city is also preparing a subdivision of the property to create the 5.145-acre parcel and dedicate the adjacent Riverside Rd right of way. 

Before the code update in 2021, the city only had one zoning district for parks, schools, churches, airports, landfills or public and institutional uses. This zone - Public - was expanded into three separate public zone districts to make the potential uses predictable for surrounding property owners. For example, now most churches and schools are in the Public 2 (P2) zoning district and campuses such as MSUB, and the hospital area are in Public 3 (P3 - Campus - Education, Medical, or Civic). Public zoned land can either be publicly owned or privately owned. Public 1 (P1) zoning is specifically for parks and open space areas. P1 zoning can have buildings and structures that are focused on the primary use of the park or open space area. For example, the Yellowstone Club golf course is zoned Public 1 and has a clubhouse and facilities for golfers and members of the club. The proposed P2 zoning for about one-third of the 15-acre site is in the northwest corner of the property. The remaining area will stay in the P1 zone district.

The property is known as Wilson Park and was willed to the city in 1973. It was previously leased to the nearby Field of Dreams Garden Center and Nursery (3250 Hannon Road) for a tree farm where nursery stock could be grown-on for sale to customers. The 15-acre tree farm did become neglected over the years and eventually, City Parks and Recreation reclaimed the site from the garden center owners and removed all the trees and debris. In the mid-2010s, the City Public Works department did use this area as a place to store snow plowed off city streets. There is no park master plan for this site, although there are bikeways and trails planned around the site for the future.

The YVAS intends to partner with the city to build a new animal shelter on the subject parcel that will expand the capacity of the shelter, provide new and modern facilities, and assist the soon-to-be complete Rocky Vista College of Veterinary Medicine to provide an area for students to receive hands-on training outside a classroom. There will be expanded and secure outdoor space for the benefit of the shelter animals and potential adoptees of pets. Animal shelters are allowed uses within the proposed Public 2 zone district. The public zone district is required to match adjacent zone districts that are adjacent to, or within 150 feet of the exterior boundary of the parcel. The building will be setback from the street with an adjacent parking lot for customers. P1 and P2 uses are intended to be compatible. For example, many schools (P2) are adjacent to public parks (P1). P2 uses can have some impacts on adjacent residential or commercial uses. The landscaping code section does require buffer yards between P2 parcels in separate ownership and between P2 and P3 parcels. The landscaping code does not require a buffer yard between P1 and P2 zoned parcels. The property to the north is zoned Heavy Industrial (I2) and is the location of the waste piles for the sugar beet refinery. The buffer yard for this boundary is the B3 designation that includes sight-obscuring landscaping and fencing. The properties across Riverside Rd to the west are outside the city limits and zoned General Commercial (C3). Most are developed for small or medium-sized businesses. To the south of Hannon Rd (south boundary of the entire parcel), is a small neighborhood of single family homes in the county. This neighborhood east of Riverside Road is zoned Large Lot Suburban Neighborhood (N4) and has city water provided through county water lines. Many residences and businesses on Riverside Rd also have access to city water through county water lines.

Traffic volume on Riverside Road is low at about 1,500 vehicle trips per day. King Ave East at the south end of Riverside Road has about 2,600 vehicle trips per day. State Avenue at the north end of Riverside Road handles about 7,500 vehicle trips per day. The County Road and Bridge shops are at the south end of Riverside Rd at the intersection of King Ave East. Riverside Road is a collector street. King Ave East and State Avenue are minor arterial streets. The posted speed limit on all three streets is 35 mph. The county provides annual maintenance of Riverside Rd and may chip seal the right of way from time to time. Connected local streets in the county are generally gravel roads, except for Stone St., Phillip St. and Millard St. just north of the county shops.

The current YVAS shelter on Monad Rd takes in over 5,000 animals per year, most of those through the three contracts they maintain with the City of Billings, Yellowstone County and the City of Laurel. Due to space constraints, stray cats outside the city limits are only taken in on a case by case basis. Many services are offered by the shelter, including training, education, spay and neuter clinics and a "Working Cats Program" that focuses on adopting cats to owners who can provide an outdoor lifestyle with shelter (barn, garage, outbuilding) for these at-risk felines. The 2023 Annual Report to the Community from YVAS is attached to this report. The current shelter hours open to the public are Monday, Tuesday, Thursday, and Friday from Noon to 7 pm, closed on Wednesday and half days on Saturday and Sunday from Noon to 5 pm. These hours may or may not change when the new facility is occupied. The YVAS hopes to begin construction in 2026 and be open in 2027.
 

APPLICATION DATA
OWNER: City of Billings AGENT: Yellowstone Valley Animal Shelter and Performance Engineering
LEGAL DESCRIPTION: Unplatted parcel in Sec 10 NE1/4SE1/4, T1South, R26East
ADDRESS: 441 Riverside Rd
CURRENT ZONING: Public 1 (P1- Parks and Open Space)
PROPOSED ZONING: Public 2 for 5.145 acres in Northwest corner (P2-Public, civic and institutions)
EXISTING LAND USE: Vacant land - known as Wilson Park
PROPOSED LAND USE: Same with Animal Shelter in the northwest corner
SIZE OF PARCEL(S): 14.988 acres total with 5.145 acres zoned P2 and remainder zoned P1

 

SURROUNDING LAND USE & ZONING:
NORTH: Heavy Industrial (I2) - Western Sugar Beet Refinery
SOUTH: Public 1 (P1) and Large Lot Suburban Neighborhood (N4) - Wilson Park and single family dwellings in Eggebrecht Subdivision (County)
EAST: Public 1 (P1) Wilson Park and Light Industrial (I1) - shops and warehouses
WEST: General Commercial (C3 - County) - Shops, warehouses and single family dwellings

The Planning staff reviewed the application and drafted findings for the 10 review criteria for the zone change. The staff recommended approval based on the draft findings. The Zoning Commission concurred with these findings and the recommendation for approval. The request for a Public 2 zone is supported by the goals of the 2016 Growth Policy to expand and create partnerships that support necessary community services, that allow existing businesses to expand and grow. Actions that support community investments will attract and retain a strong, skilled, and diverse workforce. The future partnership with the new College of Veterinary Medicine is an example of a beneficial partnership that will support and grow new businesses in Billings and Yellowstone County.

The proposed zoning on the subject parcel is compatible with the adjacent zoning and land uses. The industrial land use to the north is active only for a few months each year and the commercial uses on the west side of Riverside Road will not be affected by the new development other than temporary construction traffic when the new facility is built. The remaining area of Wilson Park will stay as city-owned open space and will provide a good separation and buffer for residential uses to the south. Riverside Road is currently a county right of way and the proposed annexation will include the portion of Riverside Road along the west side of Wilson Park. 
 

The applicant's agent conducted a pre-application neighborhood meeting on December 18, 2024, at the Riverside Middle School on Washington Street to the northwest of the subject property. Ten surrounding owners signed in to the meeting. Attendees from Minnie Place, the neighborhood south of Hannon Road, expressed concern about water pressure in their homes if a new and bigger user connects to the main water line on Riverside Rd. Attendees stated their water comes through a county water line that has not been maintained and suspect the water pressure is kept low to prevent pipe breaks. Neighbors were also concerned about traffic increases and whether the city would require improvements to Riverside Rd and who would pay for those improvements.

The agent stated that since the right of way for Riverside is too far away from any city-level improvements, it is not likely the city will require improvements at the time of development. The agent stated there would be a waiver of any right to protest road improvements in the future. The agent stated the annexation and zone change will continue the expansion of city-level services in the area and could lead to future road and service improvements. The agent stated the purpose of the zone change is not to allow any improvements except for the YVAS. The city does not intend to sell this 5.1-acre parcel to any other developer. The agent addressed concerns about the impact on groundwater from well pumping or runoff, and sanitary sewer waste. The agent stated the new facility will tie into both sanitary sewer lines and city water. The agent stated all storm water runoff would be captured and stay on the property. The city's storm water regulations require capture and treatment of the runoff.

The agent responded to concerns about the potential spread of animal diseases such as Parvo and Brucellosis. The agent stated one of the reasons for this new facility is to have a quarantine area for animals that are sick to limit transmission to other animals. The new facility will do a better job of disease control than the current shelter. The agent responded to concerns from neighbors that may have "barn cats" that would be mistaken for stray animals and taken to the shelter. This would require the owners to pay fees to get the animals returned. The agent responded that the YVAS is diligent about the intake of animals that are suspected strays and will try to assure neighbor's animals are not taken in by mistake. The agent answered questions about potential odors from the facility and crematory. The agent stated the location would be to the far north of the property and all code requirements for filtering crematory exhaust would be followed. The agent responded to concerns about animal noise (dogs barking) spreading throughout the neighborhood. The agent stated YVAS is working with a sound engineer and designer to ensure that animal or facility noises do not disturb the surrounding property.

Planning staff posted the zoning request sign on the property and mailed the 1/4-mile notification list of the pending zone change. In addition, the application details were published on the Planning "current zoning applications" webpage and a legal ad was published in the newspaper of record. 

Zoning Commission public hearing February 4, 2025
The Zoning Commission held a hearing on February 4, 2025, and received the Planning staff recommendation and report as well as testimony from the agent, Craig Dalton, PE of Performance Engineering and Triniti Halverson, Director of YVAS. Public testimony was received from Richard Edwards of 521 Minnie Place, Randy Crable of 528 Minnie Place, Jody Kaiser of 252 Riverside Rd, Dave Hagstrom of 3042 Allison Lane and Diana Lynch of 527 Minnie Place.

The Zoning Commission members asked questions of the staff and agents related to the Land and Water Conservation easement on the property and access to city water and sewer services. The staff clarified the proposed use and Public 2 zone requirements. The agent and staff provided a brief explanation of the easement restrictions and how those might be moved to another park parcel of similar value. The agent responded to questions regarding the concept site plan and traffic generation.

The public testimony concerned the potential for smells from a crematory, animal waste, the possible spread of disease from sick animals that are dumped at the shelter and the non-park use of what should have been a city park when it was gifted to Billings in 1973. Comments were received that the current animal shelter is not as close to residential areas as this shelter will be when it is built. The current shelter is about 1,100 feet away from the closest neighborhood. The proposed property for the YVAS, measured property line to property line, will be 240 feet north of Minnie Place. Public testimony also stated there are some residents who live in the commercial buildings across the street and these people will be impacted by the increase in traffic and noise from the shelter.

Ms. Halverson responded to the concerns regarding the animal shelter operations. She stated the shelter currently does not operate or control the crematory at the facility. This crematory is owned and maintained by the City's Animal Control Division. She stated the new shelter is intended to house both the YVAS and the Animal Control Division. The current building is owned by the city and YVAS pays a lease fee and has a contract with the city to provide shelter services for animals brought in by Animal Control and by the residents of Billings. The new location will be owned by YVAS and Animal Control will pay a lease fee to YVAS for their use of a part of the new building. YVAS will not operate the crematory in the new building. This will remain the responsibility of the Animal Control Division.

Ms. Halverson stated that while some animals do come into the shelter with disease, they are always diagnosed and treated if possible on site. The staff veterinarians follow all guidelines for the proper care of animals. She stated the shelter does not take animals from the reservation where Parvo and Brucellosis are prevalent in domestic animal populations. She stated all outdoor exercise for dogs will be done on the property and the shelter is committed to providing a walking trail that can be used by any member of the community. Walking shelter dogs outside the property on Riverside Rd would not be safe. Ms. Halverson welcomed the opportunity to learn about the neighbors' concerns so YVAS can be good neighbors.

The Zoning Commission Chair Dan Brooks closed the public hearing. Commission member Dave Goss made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Commission member Andy Megorden and was approved on a five to zero vote.

Valid Protest Petition Submitted February 21, 2025
The Planning staff received documents regarding a "valid" protest against the proposed zone change on February 21, 2025. February 21, 2025, was the Friday before the originally scheduled first reading of the zone change on February 24, 2025. The first reading was delayed to March 24, 2025.

In order to trigger a valid protest, the owners of 25% or more of the lots or units within 150 feet of the exterior boundary of the zone change parcel must sign a petition. The Planning staff verified the signatures of the property owners within 150 feet of the exterior boundary on the petition. There are seven properties within 150 feet of the zone change. Four of the seven properties are in protest of the zone change. Three of the four properties have the same ownership. Additional petition signatures were submitted that represent owners further away from the exterior boundary of the zone change. Both the valid protest petition and the other petitions are attached to this report.

A valid protest requires the City Council to achieve a 2/3 majority vote of the present and voting members of the Council in favor of the zone change in order for the request to be approved. A 2/3 majority vote is required for both first reading and second reading.

City Council public hearing March 24, 2025
The City Council held a public hearing on March 24, 2025, and received the Zoning Commission's recommendation of approval. The Planning staff provided a presentation on the Zoning Commission's findings. The Planning staff answered questions regarding the application and the valid protest submitted. The agent for YVAS, Craig Dalton of Performance Engineering, provided testimony in favor of the zone change. He stated the zone change is not a site planning process but that YVAS has had several conversations with the neighbors and this has informed the planned improvements to handle traffic, noise, and other issues that are site-specific. He stated there would be buffering of the site and controlled access during the overnight hours. He stated the Animal Control Division will have space in the new building and will be responsible for permitting and operating the crematory - just as the Division does now at its current shared location with YVAS at 1735 Monad Rd. The land is owned by the City and has been declared excess park land by the City Council for a number of years. City Administrator Chris Kukulski clarified for the Council the work Parks and Administration is doing with the Land and Water Conservation Fund to find a suitable replacement parcel, if the project continues to move forward.

The City Council received public testimony from the following surrounding property owners and supporters of the YVAS. Testimony was received from Triniti Halverson, Director of the YVAS, Mary Waggoner, chair of the fundraising campaign for the new shelter, Jody Kaiser of 252 Riverside Rd, a neighbor to the proposed new shelter site, Izzy Zalenski, of YVAS, Curtis Eckhart of 518 Riverside Rd, a neighboring property owner, Richard and Susan Edwards of 521 Minnie Place, property owners in the neighborhood, Lisa Robinson, a volunteer foster parent for dogs from the YVAS, Randy Crable of 528 Minnie Place, a neighbor to the subject property, Halle Bell, staff for Public Services at YVAS, Brandon and Mikala Chapman of 504 Minnie Place, neighbors to the subject property, Rob who stated he works on hot rods at 442 Riverside Rd across the street from the subject property, Kevin Nelson of 4235 Bruce Ave, Dr. Joy Stevens a founding member of the YVAS, Justin Hutchinson, current President of the YVAS Board of Directors, Craig Dalton, from Performance Engineering, agent for the YVAS, Carl Lynch of 527 Minnie Place, and Paul Clark of 614 S 32nd St.

Planning staff, the applicant's agent, Craig Dalton, and YVAS Director Triniti Halverson answered questions from the Council about the proposed zoning, the traffic that might be generated, the potential next steps if the annexation and zone change are approved and how the YVAS has been responsive to the neighborhood.

The Mayor closed the public hearing. Council Member Gulick made a motion to approve the zone change and adopt the findings of the 10 review criteria as recommended by the Zoning Commission. The motion was seconded by Council Member Shaw. The motion was debated. The Council approved the zone change on a 10 to 0 vote with Council Member Aspenlieder abstaining due to a conflict of interest. Performance Engineering, Council Member Aspenlieder's company, is representing the YVAS as an agent.

 

The City Council may take one of the following actions:

• Approve and adopt the findings of the ten review criteria for Zone Change 1061 as recommended by the Zoning Commission; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1061; or,
• Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion; or
• Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public has not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
• Allow the applicant to withdraw the zone change request.

The applicant has not requested a delay or withdrawal of the application at this time.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.
 

Prior to making a decision the City Council shall consider the following recommended findings from the Zoning Commission:

1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

• Essential Investments

• Community fabric

• Prosperity

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires setbacks, open and landscaped areas, and building separations. The Public 2 zoning considers the surrounding zoning for siting of buildings and building characteristics. The new zoning, as do all zoning districts, provides adequate building separations to provide security from fire and other dangers. Additionally, the annexation of the property provides for municipal water service and sewer service for the site. Any new construction on the site will follow applicable building codes, engineering standards for storm water control, connection to city services and parking lot construction. All zoning requirements will be followed. 

3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. New construction on the site will follow engineering code, building code, and zoning code requirements to ensure and promote public health, public safety and general welfare.  Public health and public safety will be promoted by the proposed zone change. Additional shelter space will provide more public safety from stray animals, provide more opportunities for spay and neuter clinics, and help train residents in better care for domestic pets of all types.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The existing zoning and new development will increase traffic on the adjacent street network when the development is completed (2027). City Engineering will review any new development proposed to determine required traffic management. The county right of way will be annexed but city-level improvements are not close to this location. A waiver of the right to protest a future SID will likely be required. The proposed development will have two access points to Riverside Road. Interior site security will feature gates and fencing to allow authorized personnel access 24 hours a day while limiting public access to daytime hours. The final site configuration will be reviewed by City engineering, planning, building as well as public safety departments.

Water and Sewer: The City will provide water and sewer for the property. The utilities will be provided in accordance with the associated annexation agreement that is mutually agreed upon between the City of Billings and YVAS. This agreement is a strict condition of approval for annexations. Water will be extended to the property from the existing main in Riverside Road and sewer will be extended from the main in Kratz Lane on the north property boundary. 

Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses. Therefore, additional students due to this zone change would not be anticipated. It should be acknowledged that with new jobs in the community, the school district may realize some increase in the student population. However, the zone change does not have a direct correlation to this potential increase.

Fire and Police: The subject property is served by city and county public safety services. The property is currently served by the Billings Fire Department through the BUFSA and, upon annexation, will continue to be served. The nearest fire station is Fire Station NO. 4 at the intersection of Terry Ave and 6th St West. The station is approximately 2.3 road-miles away. The Police and Fire Departments expressed no concerns about this zone change.
 
5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed zone, like all zones, requires setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant, therefore any new structure(s) will be required to meet the zoning standards required by Section 27-500 (Public zones), engineering standards and building code requirements.

6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning itself will not impact motorized and non-motorized transportation. Once developed, there will be increased volume to the transportation network, both motorized and non-motorized. The Billings Area Bikeways and Trail Master Plan calls for a future multi-use trail along Riverside Road. This will not be developed with this project but will be part of a future project when the road is improved to city-level standards. The site is planned to have interconnected walking paths and trails.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing uses in the vicinity. The proposed new shelter facility will be more than 240 feet north of the county neighborhood on Minnie Place. This neighborhood was developed in the early 1960s with county water lines. Homes were built on the property starting in the 1960s and up through the 1980s. The neighborhoods to the south are also county residential areas with city water provided through county-maintained water lines. There is no access to city sewer in these neighborhoods.

8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning does consider the character of the district and the suitability of the property for the proposed use. The proposed zoning will allow a proposed animal shelter. The city does not intend to sell or lease the Public 2 zoned property to other entities. The proposed zoning and development is compatible with the adjacent zoning and existing development and uses in the vicinity.

9. Will the new zoning conserve the value of buildings?
The property is currently vacant, therefore the new zoning will not have an impact on the value of buildings on the parcel. Any new structures will need to be in compliance with zoning, engineering and building codes. New development tends to increase surrounding property values.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
YVAS has chosen the Public 2 zone as the most appropriate zone and intends to develop the property in accordance with the requirements of the zoning. The use of the animal shelter on the property will be appropriate given its location on a collector street, separated from neighborhoods, and other sensitive land uses will encourage the most appropriate use throughout the City of Billings.