HomeMy WebLinkAboutResolution No. R25-49 RESOLUTION NO. R25-49
RESOLUTION OF CITY COUNCIL APPROVING FINAL ANNEXATION FOR A
PORTION OF LOT 7A-1, OF THE AMENDED PLAT OF TRACTS 6A AND 7A, OF
THE AMENDED PLAT OF TRACTS 6 AND 7, OF WESTBROOKS SUBDIVISION,
YELLOWSTONE COUNTY, MONTANA.
WHEREAS, a Petition for Annexation was submitted to the City of Laurel by Michael
Stitzinger,Hans Stitzinger, and James F. Stitzinger Jr.,who were the previous property owners,
and the Developer (hereinafter "Petitioner") of certain real property situated in Yellowstone
County, Montana, on the 61h day of March 2024;
WHEREAS,the real property is generally described as follows:
A Portion of Lot 7A-1, of the Amended Plat of Tracts 6A and 7A, of the
Amended Plat of Tracts 6 and 7, of Westbrooks Subdivision, Yellowstone
County,Montana, according to the Official Plat on file in the Office of the Clerk
and Recorder of said County, under Document No. 1684287, excepting
therefrom that portion granted unto the State of Montana by virtue of Bargain
and Sale Deed Recorded January 25, 1965, Book 807, under Document No.
747048; and excepting therefrom that portion granted unto the Montana
Department of Transportation by virtue of Bargain and Sale Deeds Recorded
September 13, 2017, under Document Nos. 3827294 and 3827295; and
excepting therefrom that portion granted unto the Montana Department of
Transportation by virtue of Warranty Deeds Recorded September 13, 2017
under Document Nos. 3827296 and 3827297.
The real property is generally reflected on the Exhibit attached hereto, which is
incorporated by reference herein, and it includes all contiguous roadways and
rights-of-way;
WHEREAS, Petitioner sought annexation of the property into the City of Laurel in
order to access and utilize City of Laurel services, including, but not limited to, water, sewer,
police, and fire;
WHEREAS, the Laurel City-County Planning Board held a duly advertised public
hearing on Petitioner's Petition for Annexation on the 17th day of April 2024;
WHEREAS, at the conclusion of the hearing, the Planning Board voted to recommend
approval to the City Council of the annexation request;
WHEREAS, the City Council held a duly advertised public hearing regarding
Petitioner's Petition for Annexation on the 1 ph day of June 2024;
R25-49 Final Annexation of Love's Property
WHEREAS,at the conclusion of the hearing,the City Council determined that approval
of the Petition for Annexation was in the best interests of the City at this time;
WHEREAS, the annexation of the property is subject to a Late-Comers and
Development Agreement,by and between the City of Laurel and the Developer(Love's),which
was executed by and between the City of Laurel and the Developer and was attached to
Resolution No. R25-39 and thereto incorporated as part of the Resolution;
WHEREAS, the Property Owner will comply with all of the terms and conditions of
annexation imposed by the Laurel City Council;
WHEREAS, all public water, sewer, streetways, and storm drainages will be extended
by the Property Owner and thereafter approved by the Laurel Public Works Department;
WHEREAS, a Waiver of Right of Protest has been finalized, the appropriate
Agreements have been executed, and all appropriate and necessary work will be completed;
and
WHEREAS, the City is prepared to approve the Final Annexation of the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. The owner of record of the territory annexed to the City of Laurel has executed
a Petition of Annexation.
2. Pursuant to Mont. Code Ann. § 7-2-46, the incorporated boundaries of the City
of Laurel shall be and the same hereby is extended and/or expanded to include
the territory described herein.
3. The following described territory is hereby annexed to the City of Laurel: A
portion of Lot 7A-1,of the Amended Plat of Tracts 6A and 7A, of the Amended
Plat of Tracts 6 and 7, of Westbrooks Subdivision, Yellowstone County,
Montana, according to the Official Plat on file in the Office of the Clerk and
Recorder of said County, under Document No. 1684287, excepting therefrom
that portion granted unto the State of Montana by virtue of Bargain and Sale
Deed Recorded January 25, 1965, Book 807, under Document No. 747048; and
excepting therefrom that portion granted unto the Montana Department of
Transportation by virtue of Bargain and Sale Deeds Recorded September 13,
2017, under Document Nos. 3827294 and 3827295; and excepting therefrom
that portion granted unto the Montana Department of Transportation by virtue
of Warranty Deeds Recorded September 13, 2017 under Document Nos.
3827296 and 3827297.
R25-49 Final Annexation of Love's Property
4. The owner of record of the territory annexed to the City of Laurel and the City
of Laurel have executed a Late-Comers and Development Agreement, by and
between the City of Laurel and the Developer(Love's), which was executed by
and between the City of Laurel and the Developer and was attached to
Resolution No. R25-39 and thereto incorporated as part of the Resolution.
5. That the conditions of the annexation and zoning, as conditioned as follows,
have been or will be met:
A. On all terms, conditions, and requirements of the Late Comer's and
Development Agreement between the City of Laurel and Petitioner.
B. The Waiver of Right to Protest,a copy of which is attached to Resolution
No. R24-43 and incorporated by reference herein, and this Resolution,
shall be recorded with the County Clerk and Recorder within ninety(90)
days after the adoption of this Resolution.
C. Connections to the City of Laurel Water and Sewer Systems, once
completed, will require approval by the City of Laurel's Public Works
Department.
D. All improvements and infrastructure connections will be completed.
6. This Resolution shall be incorporated into the official minutes of the City
Council, and upon said incorporation, the City Clerk-Treasurer shall file a true
and correct certified copy of this Resolution and Meeting Minutes with the
Yellowstone County Clerk and Recorder.
7. From and after the date that the City Clerk-Treasurer files such certified copy
of this Resolution and of the City Council Meeting Minutes with the
Yellowstone County Clerk and Recorder, this Annexation of the above-
described territory to the City of Laurel shall be deemed complete and final.
8. Annexation and the City's responsibility for providing service to the property
shall become null and void upon Petitioner's failure to satisfy the conditions
imposed by the City Council by and through this Resolution, the Petition for
Annexation, and the Late Comer's and Development Agreement by and
between the City of Laurel and the Petitioner.
Introduced at a regular meeting of the City Council on the Bch day of July, 2025, by
Council Member Canape.
R25-49 Final Annexation of Love's Property
PASSED and APPROVED by the City Council of the City of Laurel the 8"'day of July,
2025.
APPROVED by the Mayor the Bch day of July, 2025.
CITY OF LAURE
Dave aggoner, Mayor
ATTEST:
```p111n1U►p1,*
"trr, Clerk-Treasurer �.' Q?
g� to_
APPROVEJ2 AS TO FORM:
fliA&L pe___��
Michele L. Braukmann, Civil City Attorney
R25-49 Final Annexation of Love's Property
Parcel Area to be Annexed
into Laurel City Limits
I � e
I o
1 NBB°01'39"E-1294,42'(M)
1 SITE BOUNDARY J
_ p 38B'37'08'W-254 94'(M)
LOT 7A-1
(WITH EXCEPTIONS)
I \ :3-//•240,28'(M)
S37°34'34'W-15607'(M) �' /8/ �`1Sr'3�'i]1Y�269.56'(M) N
R=356.00' -W S81°17'07"W-33533';MI
a
L=236.45' @2,
CH616'32'Sb1N 5781'(M)
232.12 \ Na4'0a'22-01-156.73'(M)
N26°20'41"W-94,42'(M)
I
564'4117'W-187 17'(M)
S27°42'35"W-35 21'(M) R=925.03'
L=178-09' \
CH■N46.46v4w
177.01
R=859.68'
L=233.15'
CH=N33°4 ✓
232.4
b 32.43
S 00
0 11O`I'1
Get 90 0 9
k I o
0
� LOT7A-1 BOUNDARY
a s3T43'36•W-341.89'(M)
IZ
/ RIGHT-OF-WAY
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a•�0yo�yy
THE LAND REFERRED TO HEREON AND IS DESCRIBED AS FOLLOWS:
l4
LOT 7A-1,OF THE AMENDED PLAT OF TRACTS 6A AND 7A,OF THE AMENDED PLAT OF
ys TRACTS 6 AND 7,OF WESTBROOKS SUBDIVISION,YELLOWSTONE COUNTY,MONTANA,
ACCORDING TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE CLERK NOTES:
1. This exhibit is for graphical
AND purposes only to define the
boundary of subject parcel.
RECORDER OF SAID COUNTY,UNDER DOCUMENT NO.1684267. 2. For detailed geometry please refer
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE STATE OF MONTANA BY to the ALTA survey performed by
VIRTUE OF BARGAIN AND SALE DEED Fremont Engineering and
RECORDED JANUARY 25,1965,BOOK 807,UNDER DOCUMENT NO.747048; Surveying dated 11/10/2023
8 AND
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE MONTANA DEPARTMENT
OF TRANSPORTATION BY VIRTUE OF
BARGAIN AND SALE DEEDS RECORDED SEPTEMBER 13,2017 UNDER DOCUMENT NO.
3827294 AND 3827295;
AND
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE MONTANA DEPARTMENT
OF TRANSPORTATION BY VIRTUE OF
WARRANTY DEEDS RECORDED SEPTEMBER 13,2017 UNDER DOCUMENT NO.3827296
AND 3827297.
FREMONT ENGINEERING& PARCEL EXHIBIT LOVES TRUCK
® SURVEYING STOPS
155 1st St.,STE A SECTION 17
_ Lander,WY 82520 0 1w Soo' TAS.,RAW.,PMM TRACT 7A-1
r-R r-nn In N T Phone:307-206-1007 YELLOWSTONE COUNTY,
•• Scala:1--3W W ESTB ROO K'S
i■ ■■r• ■V■■ ■ raw' y. nePeE -.A[ IFBARLENGTHDOESNOTEOOAL MONTANA SUBDIVISION
3 [NciNEEaiNG ISURVEVINc G��py�j7� 1'IONE INCH),THIS PAGE WAS NOT
Rma,d• PLOTTED TO THE INTENDED SCALE
RESOLUTION NO. R24-43
A RESOLUTION OF THE CITY COUNCIL FOR ANNEXATION OF PROPERTY
LEGALLY DESCRIBED AS A PORTION OF LOT 7A-1, OF THE AMENDED PLAT
OF TRACTS 6A AND 7A, OF THE AMENDED PLAT OF TRACTS 6 AND 7, OF
WESTBROOKS SUBDIVISION,YELLOWSTONE COUNTY, MONTANA,
ACCORDING TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE
CLERK AND RECORDER OF SAID COUNTY, UNDER DOCUMENT NO. 1684287.
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE STATE OF
MONTANA BY VIRTUE OF BARGAIN AND SALE DEED RECORDED JANUARY
25, 1965, BOOK 807, UNDER DOCUMENT NO. 747048; AND EXCEPTING
THEREFROM THAT PORTION GRANTED UNTO THE MONTANA
DEPARTMENT OF TRANSPORTATION BY VIRTUE OF BARGAIN AND SALE
DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT NO. 3827294 AND
3827295; AND EXCEPTING THEREFROM THAT PORTION GRANTED UNTO
THE MONTANA DEPARTMENT OF TRANSPORTATION BY VIRTUE OF
WARRANTY DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT
NO. 3827296 AND 3827297.ADJACENT TO THE CITY OF LAUREL, AS AN
ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY, MONTANA,
WITH CONCURRENT APPROVAL OF ZONING DESIGNATION UPON
ANNEXATION OF THE PROPERTY.
WHEREAS, a Petition for Annexation was submitted to the City of Laurel by Michael
Stitzinger,Hans Stitzinger, and James F. Stitzinger Jr.,who are the property owners(hereinafter
"Petitioner") of certain real property situated in Yellowstone County, Montana;
WHEREAS, the real property is generally described as a portion of The real property
is generally reflected on the Exhibits to the Petition for Annexation, which is incorporated by
reference herein, and it includes all contiguous roadways and rights-of-way;
WHEREAS, the property is currently unzoned, and Petitioner intends to utilize the
property, if annexed, for Highway Commercial purposes;
WHEREAS, the property is currently outside of City of Laurel City limits, and
Petitioner seeks annexation of the property and a concurrent Zoning Designation as "Highway
Commercial";
WHEREAS,pursuant to the City of Laurel's Annexation Policy,the City Council shall
consider various criteria when it receives a written Petition for Annexation, which are fully
incorporated by reference herein;
WHEREAS, further pursuant to the City of Laurel's Annexation Policy, the City
Council may decide to either condition the approval of the annexation in order to meet the
criteria listed in the City of Laurel's Annexation Policy or require an Annexation Agreement;
R24-43 Annexation of Love's
WHEREAS, Petitioner currently seeks annexation of its property into the City of
Laurel, contingent upon completion of the terms of the Annexation Agreement, attached hereto
and fully incorporated herein, which identifies required off-site infrastructure improvements
and guarantees of those improvements;
WHEREAS, in addition to annexation contingent upon completion of the terms of the
Annexation Agreement, the City of Laurel's Annexation Policies require the mutual-approval
of a Development Agreement prior to issuance of a building permit between the City and
Petitioner; and
WHEREAS, an amended survey for the portion of the Petitioner's property that will be
annexed shall be prepared and filed with Yellowstone County as part of this annexation; and
WHEREAS, the Laurel City-County Planning Board held a duly advertised public
hearing on Petitioner's Petition for Zoning Designation on April 17, 2024. At the conclusion
of the hearing, the Planning Board voted to recommend approval to the City Council of the
Zoning Designation, conditioned upon approval of the proposed annexation; and
WHEREAS, the City Council held a duly advertised public hearing regarding
Petitioner's Petition for Annexation and Concurrent Approval of Zoning Designation on June
11, 2024. At the conclusion of the hearing, the City Council determined that approval of the
Petition for Annexation and Concurrent Approval of Zoning Designation is in the best interests
of the City at this time;
WHEREAS, the annexation of the property and zoning is subject to an Annexation
Agreement by and between the City of Laurel and the Petitioner, which will be executed by
and between the Petitioner and the City of Laurel and will be attached hereto and fully
incorporated as part of this Resolution. In addition, the final annexation of the property and
zoning may be subject to Laurel Municipal Code Chapter 12.38 - developer reimbursement of
water and wastewater extension costs by and between the City of Laurel and the Petitioner,
which will be executed by and between the Petitioner and the City of Laurel and will be attached
to all final annexation documents and Resolution(s), once all conditions of approval, including
execution and completion of a Late Comers Agreement, are completed by the Petitioner and
the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. The owner of record of the territory annexed to the City of Laurel has executed
a Petition of Annexation.
2. Pursuant to Mont. Code Ann. § 7-2-46, the incorporated boundaries of the City
of Laurel shall be and the same hereby is extended and/or expanded to include
R24-43 Annexation of Love's
the territory described in Petitioner's Petition for Annexation and all attached
Exhibits.
3. The following described territory is hereby annexed to the City of Laurel: A
PORTION OF LOT 7A-1, OF THE AMENDED PLAT OF TRACTS 6A AND
7A, OF THE AMENDED PLAT OF TRACTS 6 AND 7, OF WESTBROOKS
SUBDIVISION, YELLOWSTONE COUNTY, MONTANA, ACCORDING
TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE CLERK AND
RECORDER OF SAID COUNTY, UNDER DOCUMENT NO. 1684287.
EXCEPTING THEREFROM THAT PORTION GRANTED UNTO THE
STATE OF MONTANA BY VIRTUE OF BARGAIN AND SALE DEED
RECORDED JANUARY 25, 1965, BOOK 807, UNDER DOCUMENT NO.
747048; AND EXCEPTING THEREFROM THAT PORTION GRANTED
UNTO THE MONTANA DEPARTMENT OF TRANSPORTATION BY
VIRTUE OF BARGAIN AND SALE DEEDS RECORDED SEPTEMBER 13,
2017 UNDER DOCUMENT NO. 3827294 AND 3827295;AND EXCEPTING
THEREFROM THAT PORTION GRANTED UNTO THE MONTANA
DEPARTMENT OF TRANSPORTATION BY VIRTUE OF WARRANTY
DEEDS RECORDED SEPTEMBER 13, 2017 UNDER DOCUMENT NO.
3827296 AND 3827297.ADJACENT TO THE CITY OF LAUREL, AS AN
ADDITION TO THE CITY OF LAUREL, YELLOWSTONE COUNTY,
MONTANA, WITH CONCURRENT APPROVAL OF ZONING
DESIGNATION UPON ANNEXATION OF THE PROPERTY. The real
property is generally reflected on the Exhibits to the Petition for Annexation,
which is incorporated by reference herein, and it includes all contiguous
roadways and rights-of-way.
4. The owner of record of the territory annexed to the City of Laurel and the City
of Laurel will execute an Annexation Agreement, which terms and conditions
are made a part of this Resolution and the Petition for Annexation.
5. The owner of record of the territory annexed to the City of Laurel and the City
of Laurel will execute a Development Agreement prior to the issuance of a
building permit.
6. That the approval of the annexation is conditioned as follows:
A. On all terms,conditions,and requirements of the Annexation Agreement
and between the City of Laurel and Petitioner.
B. The Waiver of Right to Protest, a copy of which is attached hereto and
incorporated by reference herein, and this Resolution, shall be recorded
with the County Clerk and Recorder within ninety (90) days after the
adoption of this Resolution.
R24-43 Annexation of Love's
C. Connections to the City of Laurel Water and Sewer Systems shall be
approved by the City of Laurel's Public Works Department.
D. Any Late Comers Agreement must be agreed upon and approved by the
City prior to the water and sewer service lines being put to use and will
terminate no sooner than 7 years from the date of any late comers
agreement by the developer and the City.
E. All improvements and infrastructure connections shall be completed
within one calendar year from the date this Resolution is approved,
unless an extension is otherwise approved by the City
7. That the approval of the zoning designation is conditioned upon approval of the
annexation, and upon approval of the annexation,the property shall be zoned as
"Highway Commercial."
8. This Resolution shall be incorporated into the official minutes of the City
Council, and upon said incorporation, the City Clerk-Treasurer shall file a true
and correct certified copy of this Resolution and Meeting Minutes with the
Yellowstone County Clerk and Recorder.
9. From and after the date that the City Clerk-Treasurer files such certified copy
of this Resolution and of the City Council Meeting Minutes with the
Yellowstone County Clerk and Recorder, this Annexation of the above-
described territory to the City of Laurel shall be deemed complete and final.
10. Annexation and the City's responsibility for providing service to the property
shall become null and void upon Petitioner's failure to satisfy the conditions
imposed by the City Council by and through this Resolution, the Petition for
Annexation, and the Annexation Agreement by and between the City of Laurel
and the Petitioner.
Introduced at a regular meeting of the City Council on the 111h day of June 2024, by
Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel the 11`h day of
June 2024.
APPROVED by the Mayor the 11`h day of June 2024.
R24-43 Annexation of Love's
CITY OF LAURE
�113 o' •%_�
Dave Waggoner, Mayor
0%j1111firn,,, '
�1TY OF
ATTEST:
y 11 , St r, Clerk-Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R24-43 Annexation of Love's
THE CITY M-UNCR,
FOR THE ANNEXA'--"lCjN OF THE t LMEV-i D-11-SURI BED PROPERTY A!"11 L) CIREATIM Of
%NY FUTV ITE, SPECIAL MINRIGVE:1VIENT DISTMCT
Th-e undersigned homby waives ptyAcst to Ilic annexation of the proper-ty bulow by the
City of Laurel, Under-signcd also rives their right to jmlicial rtij,iely under M-C.A.
§-7-2-4741 (2007),sti0sequim4 to the City's annexation ofific below deschbeed property-
The widersignod hcreby additionally waives protest to ilic creation of fiuture Special Impi-ovoinovo,
EL
District(s)created and/or formed for ffitum sucet iD1PF0VQ-X1e,111S including,but not limited to,paving,
curb,gutter, sidewalk ared storn-i drainage or any other lawful pull-mSe.
This Affl(havit is submitted pursuant to and as a part as the Annex-Mion Agrccmemnt and ftiture
contemplated Subdivision Improvement Agceem(wt(812k)with the City of Laurel.
'Mis Affidavit of Waiver shall run with the Licid and shall foruver be binding upon the Grancw, Ilicir
transferees,successors and assigiis.
LE CAL DESCRIPTION OFTHE PROPERTY-
"WESTBROOKS SUBID. 517. T02 S, IQ4 F, Lot 7A 1, MOND TR 6A & 7A POR-TR 5 LESS HWY
ROW (18)1
DATED t1iis. day of At anr--k 20,�`/
(4,intce Name:James F461�iRCcr,Jr.
STATE OF.r�gi,j g el—)
County of...
On this da f MlWd-) 20 personally appeared before me,
proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s) ark subscribed to this instnuii=. t, and acknowledged die heisheYthey executed
the same.
IN IYMNESS WHEREOF,I nave hemunto set my hand and affixed my Official Seal or).the day and
year in this certificate first above written, a�
Notiy Public for the State of Rs/,lj,)'KL jo&v/ii.
(SEAL) Commonwealth of Pennsylvania-Notary Seal Residing at: bi III d L r5-"2Jr--' PA
KYLE ANN FRANCIS-Notary Public
Bucks County MycominissiotlExpires:
My Commission Expires April 18,2025
Commission Number 1052987
11ria i"Cil 5; 4024
Kurt rw'arkegard, Piarjr'iing Director
Cit+j of Laur,21
115 West V'Street
iaLlrel, fb1T 59001.
Re. Letter of Authorization
Laurel, MTLove's Developrnelit Project
Rear RN. Markegard.
This letter All serve as authorization for Love's Traue?Stops and Country Stores, Inc. (Love`s), an-d their
A;ent,JSA Civil, a LC, to prerpare and process the necessary dc-ru rents releillive to r,lie arinLXatior,2011in
assignment, uUtry extensions, arld site developmem permitting for Trart 7A-:1 of the Westbrook',
Subdivision (Yellowstone County TPN 03082:1172070.100,010),
Signed:
Jarness F.Rdtzinger,Jr. 11 r y._� � _ .f L`r�r r• `�� ;; i -
Si �ature Rate
5' xrF QF P,4m iqvAtti 4--)
�ss.
C'ouncy of )
On this clay of el,'J� ,20 a 7,personally appeared before rm,
proved to me on the basis o€satisfactory evidence to be
the person(s)whose name(s) subscribed to this irasirumcalt,and acknowledged tl-ae hcdshelthey exc uted
the saine.
IN WITNESS WHEREOF,I have hereunto set my hancl wid affixed my Official Seal on the day anti:yuir in
this certificate first alcove written.
-kcl, &—
Notaryfiublic for the State ?14 UA
(SEAT!) Residing at: 9,01, � X-12
My Cormnission Expires.
Commonwealth of Pennsylvania-Notary Seal
XYLE ANN FRANCIS-Notary Public
Bucks County
My Commission Expires April 18,2025
Commission Number 1052987
AF_FEDA'ViT OF.t��a R OF PROTES1
BEFORE 7f', CITY COUNCIL
OF T=CI-rZ OF L n UREL,MONTANNA
FOR T=ANNEXATION OF THE r-;REIN DESCP.TBED PPOP URTY AND CREATIOitil OF
ANY FUTURE SPECIAL DA-PROVE I NT DISTRICT
The undersigned hereby waives protest to the annexation of the property described below by the
City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A.
§7-2-4741 (2007),subsequent to the City's annexation of the below described property.
The undersigned hereby additionally waives protest to the creation of future Special Improvement
District(s)created and/or formed for future street improvements including,but not limited to,paving,
curb, gutter, sidewalk and storm drainage or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement(SIA)with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee,their
transferees,successors and assigns.
LEGAL DESC ir-P-1 MN OF TEE PROPERTY:
"WESTBROOKS SUBD. S17. T02 S. R24 E, Lot 7A1. AMt ND TR 6A& 7A&POR TR 5 LESS HWY
ROW(18)"
DATED this day of M Y(,� ,20 aL}
rantee Name:M1c l Stltzmg
STATE OF P�v i n.S�1 J,al 'A-,,)
)ss.
County of -;LCC-VS }
On this_day of 20-?-±,personally appeared before me,
�i1 r l'-ti proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) ar6 subscribed to this instrument, and acknowledged the he/she/they executed
the same.
IN WTINESS WHEREOF,I have hereunto set my hand and affixed my Official Seal on the day and
year in this certificate fast above written.
No66 Public for the State of�1°i;�i.i L Li h�1_-cl,vf P—
(SEAL) Residing at: i,)r l/ar;) ( J
Commonwealth of Pennsylvania-Notary Seal f r
KYLE ANN FRANCIS-Notary Public My Commission Expires:
Bucks County
My Commission Expires April 18,2025
Commission Number 1052987
March 6, 2024
Kurt Markegard, Planning Director
City of Laurel
115 West 1"Street
Laurel, MT 59044
Re: Letter of Authorization
Laurel, MT Love's Development Project
Dear Mr. Markegard:
This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's),and their
Agent,JSA Civil, LLC,to prepare and process the necessary documents relative to the annexation,zoning
assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's
Subdivision (Yellowstone County TPN 03082117207010000).
Signed:
r
r _
Michael Stitzinger
Signature Da e
STATE OF A--alb t-JU eUAl4- -)
ss.
County of . btz-k5 )
On this / day of 20�,personally appeared before me,
proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s)are-s�bscribed to this instrument,and acknowledged the helshe/they executed
the same.
IN WITNESS WIMREOF,I have hereunto set my hand and affixed my Official Seal on the day and year in
this certificate first above written.
iZta4 Public for the State of
(SEAL) Residing at: L)i r' 16 14.� > > l
My Commission Expires:
Commonwealth of Pennsylvania-Notary Seal
KYLE ANN FRANCIS-Notary Public
Bucks County
My Commission Expires April 18,2025
Commission Number 1052987
AFFIDAVIT OF WAIVER OF PROTEST
BEFORE THE CITY COUNCIL
OF THE CITY OF LAUREL,MONTANA
FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF
ANY FUTURE SPECIAL IMPROVEMENT DISTRICT
The undersigned hereby waives protest to the annexation of the property described below by the
City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A.
§ 7-2-4741 (2007),subsequent to the City's annexation of the below described property.
The undersigned hereby additionally waives protest to the creation of future Special Improvement
District(s)created and/or formed for future street improvements including, but not limited to, paving,
curb,gutter, sidewalk and storm drainage or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement(SIA)with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee,their
transferees,successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
"WESTBROOKS SUBD. S 17. T02 S.R24 E.Lot 7A 1,AMND TR 6A&7A &POR TR 5 LESS HWY
ROW 18 "
DATED this 13 day of // '�` �� ,20 Z
c44 CtA"
Grantee Name:Hans itz ger
STATE OF is )
)ss.
County of or ylonti'-1 )
On thiOay of C ,20 ,personally appeared before me,
k o n s 5 L i f Zt n c,r proved to me on the basis of satisfactory evidence to be
the person(s) whose nam s) are subscribed to this instrument, and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my',md and affixed my Official Seal on the day and
year in this certificate first above written.
al,r
Notary Public for the State of Peo n<v I oa n.,CL
(SEAL) Residingat:
My Commission Expires:
Commonwealth of Pennsylvania-Notary Sea!
MAUREEN A.BRINSFIELD-Notary Public
Montgomery County
My Commission Expires February 28,2026
Commission Number 1416386
March 6, 2024
Kurt Markegard, Planning Director
City of Laurel
115 West 15`Street
Laurel, MT 59044
Re: Letter of Authorization
Laurel, MT Love's Development Project
Dear Mr. Markegard:
This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's), and their
Agent,J5A Civil, LLC,to prepare and process the necessary documents relative to the annexation,zoning
assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's
Subdivision (Yellowstone County TPN 03082117207010000).
Signed: �y
Hans Stitzinger ` 'CG> '' :! '3 13 Z y'
Signature Date
STATE OF Nyjy%St11
' )ss.
County of 111,c l,
On this day of 111 20 ,personally appeared before me,
,) _,.T (- , ,• proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s)are subscribed to this instrument,and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand wzd affixed my Official Seal on the day and year in
this certificate first above written.
Notary Public,for the State of gi c, vr" n r
(SEAL) Residins at: C-Sh&ern, '3"-r
My Commission Expires: > ��
Cammanwealth of Pennsylvania Notary Seai
MAUREEN A.BRINSFIELD-Notary Public
Montgomery County
My Commission Expires February 28.202b
Commission Number 141b386
Return to:
Love's Travel Stops &Country Stores, Inc.
10601 N Pennsylvania Avenue
Oklahoma City, OK 73120
ANNEXATION AGREEMENT Aay
THIS ANNEXATION AGREEMENT is made this of i i2
2024, by and between LOVE'S TRAVEL STOPS & COUNTRY STORES,INC, with a
mailing address at 10601 N Pennsylvania Avenue, Oklahoma City, OK 73120, (the
"Developer"), and the CITY OF LAUREL, MONTANA, a municipal corporation with a
mailing address at 115 West I` Street, Laurel, MT, 59044(the "City").
WHEREAS, the Developer is the owner of certain real property situated in
Yellowstone County, Montana, more particularly described as follows:
A portion of Lot 7A-1, of the Amended Plat of Tracts 6A and 7A, of the Amended Plat
of Tracts 6 and 7, of Westbrooks Subdivision, Yellowstone County, Montana, according to the
official plat on file in the office of the Clerk and Recorder of said County, under Document No.
1684287.
EXCEPTING THEREFROM that portion granted unto The State of Montana by virtue of
Bargain and Sale Deed recorded January 25, 1965, Book 807, Under Document No. 747048;
and EXCEPTING THEREFROM that portion granted unto The Montana Department of
Transportation by virtue of Bargain and Sale Deeds recorded September 13, 2017 Under
Document No. 3827294 and 3827295; and EXCEPTING THEREFROM that portion granted
unto The Montana Department of Transportation by virtue of Warranty Deeds recorded
September 13,2017 Under Document No. 3827296 and 3827297.
WHEREAS, the Developer has submitted to the City a Petition for Annexation to the
City for Developer Tract; and
WHEREAS,the Developer desires to annex Developer Tract to the City; and
WHEREAS,the City has approved the Petition for Annexation by Resolution No. R24-
43 for the Developer Tract contingent that a Development Agreement, be executed between the
City and the Developer to identify required off-site infrastructure improvements and guarantees
of those improvements.
Page 1 of 5
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties do hereby agree as follows:
1. Roads and Access.The Developer Tract shall be accessible by 19"Avenue(I-90
Business)and Old HWY 10.No improvements to 19`h Avenue(I-90 Business)or Old
HWY 10 will be constructed upon annexation. Future development or subdivision of
the Developer Tract may require 19`h Avenue (I-90 Business)and/or Old HWY 10 to be
improved to Montana Department of Transportation standards in a Subdivision
Improvements Agreement or Development Agreement at the time of subdivision or lot
development.
2. Sanitary Sewer. Developer Tract shall be served by the City wastewater system. The
Developer shall extend a new main from the existing 8-inch sanitary sewer main in Old
HWY ]0 at 81h Street. Plans and specifications shall be approved by the Public Works
Department.
3. Water. Developer Tract shall be served by the City water system. The Developer shall
extend a new water main from the existing 12"water main in Old HWY 10 at 8" Street.
Plans and specifications shall be approved by the Public Works Department.
4. Storm Drain.The property shall tie into the stormwater drainage system wherever
possible. If a connection is not possible, the property shall manage stormwater on the
property.
5. Right-of-Way.No right-of-way is to be dedicated upon annexation. Rights-of-way shall
be dedicated upon future subdivision of the Developer Tract for any proposed public
streets.
6. Future Intersection Contributions.No intersection contributions are required upon
annexation. Future development or subdivision of the Developer Tract may require
intersection contributions that shall be defined in a Subdivision Improvements
Agreement or Development Agreement based on the recommendations of an approved
traffic impact study(if required).
7. Late Comers Agreement.To be determined separately from this agreement but
consistent with Laurel Municipal Code Chapter 12.38
- DEVELOPER REIMBURSEMENT OF WATER AND WASTEWATER
EXTENSION COSTS. Developer retains the option to utilize this late comers
agreement until the final acceptance of the water and sewer extensions to developers
property.
8. Land Survev Amendment. Developer will prepare an amended survey indicating the
portion of the property to be annexed in an approved form that is recordable with
Yellowstone County.
Page 2 of 5
9. Zonine.The Property is to be zoned as Highway Commercial.
10. Compliance.Nothing herein shall be deemed to exempt the Developer Tract from
compliance with any current or future City laws, rules,regulations, or policies that are
applicable to the development, redevelopment, or use of the subject property.
11. Runs with Land.The covenants, agreements, and all statements in this Agreement and
in the incorporated and attached Waiver shall run with the land and shall be binding on
the heirs, personal representatives, successors, and assigns of the respective parties.
12. Attornev's Fees. In the event it becomes necessary for either party to this Agreement to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give
any notice required herein,then the prevailing party or the party giving notice shall be
entitled to reasonable attorney fees and costs, including those fees and costs of in-house
counsel.
13. Amendments and Modifications.Any amendments or modifications of this
Agreement shall be made in writing and executed in the same manner as this original
document and shall after execution become part of this Agreement.
Page 3 of 5
IN WITNESS HEREOF,the parties have executed this Agreement as of the day and year
first above v:ritten.
LOVE'S TRAVEL STOPS & COUNTRY STORES, INC.
By:
r
I a ire S O�iv
Title: ��,Un�a�� \� :L. 6
"Developer"
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
On this N'�'_ day of 20_a.�, personally appeared before
me, V U' S proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)are subscribed to this instrument, and acknowledged
the he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the
day and year in this certificate first above written.
l
N Public for the State of
(SEAL) My Commission Expires: 0011anx
�n��fnvnn+h+�
r�,o' TE
sQ3
�� S�►�C .0�aa
u+++aut
Page 4 of 5
Thi Agreement is hereby approv d and accepted by the City of Laurel,this f day of
.20 i
CITY OF LAUREL, MONTANA
y• f
Mayo
Attest:
/ City Clerk
"City''
STATE OF MONTANA )
ss.
County of Yellowstone )
On this day of 7�7`'"� , 20Zq,before me,a Notary Public for
the State of Montana, personally appeared yJ42 qd !ne,r . and
�- 4 h�j. st!c e-o/,,"— known to me to be the Mayor and City Clerk,
respectively, of the City of Laurel, Montana, whose names are subscribed to the foregoing
instrument in such capacity and acknowledged to me that they executed the same on behalf of the
City of Laurel, Montana.
)A"Wi
0�R,HApl AMBER HATTON
C: o NOTARY PUBLIC forft Notary Public for the State of 1
State of Montana ry —(�
/ L ?Q Redding at Billings,Montana Residing at:
9 ,....., Pa Pry Commission Expires
o�'µo May 31,2026 My Commission Expires: y*'",,ui,l
Approved as to Form:
City Attorney
Page 5 of 5
CITY OF LAUREL, I\VIONTANA
REQUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
Aunficant is required to sweet with the 0tv Planner prior to 1Filline out this
an®lacation. All blanks of this application are to be filled in with explanation_
by the applicant. Incomplete applications will not be accepted.
I. Only parcels of land adjacent to the City of Laurel municipal limits will be considered for
annexation. "Adjacent to" also includes being across a public right of way. If the parcel
to be annexed is smaller than one city block in size (2.06 acres), the city council must
approve consideration of the request; the applicant must make a separate written request
to the city council stating their wish to annex a parcel of land less than one city block in.
Once the council approves the request, the applicant can apply for annexation.
2. Applicant landowner's name: Michael Stitzinger. Hans Stitzinger. James F. Stitzinger. Jr.
Address: Michael Stitzinger, 5931 Ridaeview Dr, Dovlestown. PA 18902-1379
Phone:
3. Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record
PRIOR to applying for annexation.)
Legal description: WESTBROOKS SUBD, S17. TO-) S. R24 E. Lot 7A1. AMND
TR 6A & 7A & POR TR 5 LESS HWY ROW (18)
Lot size: +/-23.17 Acres
Present use: Vacant/Undeveloped
Planned use: HC—Hiahway Commercial for Love's Travel Stop Development
Present zoning: HC—HiLyhwav Commercial
(Land which is being annexed automatically becomes zoned R-7500 when it is
officially annexed [City ordinance 17.12.220])
4. City services: The extension of needed city services shall be at the cost of the applicant
after annexation by the city has been approved. As part of the application process, each
of the following city services must be addressed with an explanation:
Water Service:
Location of existing main: 81h Avenue & Old Hwy 10 W Intersection
Cost of extension of approved service: $488.000
How cost determined: Engineer's estimate of probable cost
Timeframe for installation: Spring 2025
Sewer Service:
Location of existing main: 81h Avenue & Old Hwy 10 W Intersection
Cost of extension of approved service: $511,800
1
How cost determined: Engineer's estimate of probable cost
Timeframe for installation: Spring 2025
How financed: Private
Streets:
Is there any adjoining County ROW to the proposed annexation: the site fronts
Old Hwv 10 W and 19th Ave W
Location of existing paved access: there are currently no paved accesses
Cost of paving: N/A
How cost determined: N/A
Timeframe for construction: N/A
Other required improvements: Provide above information on attached
pages.
5. A map suitable for review of this application of the proposed area to be annexed must be
submitted with this application.
6. A written Waive of Protest must accompany this application, suitable for recording and
containing a covenant to run with the land to be annexed, waiving all right of protest to
the creation by the city of any needed improvement district for construction or
maintenance of municipal services. This Waiver of Protest must be signed by the
applicant prior to annexation by the city.
7. Requests for annexations are referred to the City-County Planning Board for
recommendation to the City Council. Within 30 days after receiving the properly filled
out application with all required accompaniments and after conducting a duly advertised
public hearing, the City-County Planning Board shall make recommendation to the City
Council as to this Request for Annexation. If more information is needed from the
applicant during the review of the application, such application shall be deemed
incomplete and the timeframe for reporting to the City Council extended accordingly, in
needed.
8. A non-refundable application fee of$300 + $25.00 per acre (80 acres or less); $300 +
$35.00 per acres (81 acres or more) must accompany the submission of this application.
The City Council of the City of Laurel, Montana, after review and consideration of this
Application for Annexation, found such to be in the best interest of the City, that it
complied with state code, and approved this request at its City Council meeting of
Form revised by City Attomey April 2008
2
AFFIDAVIT OF WAIVER OF PROTEST
BEFORE THE CITY COUNCIL
OF THE CITY OF LAUREL,MONTANA
FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF
ANY FUTURE SPECIAL IMPROVEMENT DISTRICT
Tile undersigned hereby waives protest to the annexation of the property described below by the
City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A.
§ 7-2-4741 (2007),subsequent to the City's annexation of the below described property.
The undersigned hereby additionally wanes protest to the creation of future Special Improvement
District(s)created and/or formed for future street improvements including, but not limited to,paving,
curb,gutter,sidewalk and storm drainage or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement(SIA)with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee.their
transferees,successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
"%\117STBROOKS SUBD. S17.T02 S. R24 E. Lot 7A1. AMND'I'R CA & 7A& POR TR i LESS I lWY
ROW 18 "
DATfE�D' this day of `'� t ~ ,20
Grantee Name: Hans itz'iger
STATE OF Pc..; _, c .-\'(- )
)ss.
County of
.J IIII
On thisL lay of '�L kI ,20.44,personally appeared before me,
u G1115 proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) are subscribed to this instrument, and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my'iand and affixed my Official Seal on the day and
year in this certificate first above written.
_ l�
Notary Public for the State of ti C';.1 ,i,c
(SEAL) Residingat:
My Commission Expires: .=►-�;),'! 1.�/..
Commonwealth of Pennsylvania-Notary Seat
MAUREEN A.BRINSFIELD.Notary Public
Montgomery County
My Commission Expires February 28.2026
Commission Number I416386
March 6,2024
Kurt Markegard,Planning Director
City of Laurel
115 West 1St Street
Laurel,MT 59044
Re: Letter of Authorization
Laurel, MT Love's Development Project
Dear Mr.Markegard:
This letter will serve as authorization for Love's Travel Stops and Country Stores,Inc. (Love's), and their
Agent,JSA Civil, LLC,to prepare and process the necessary documents relative to the annexation,zoning
assignment,utility extensions,and site development permitting for Tract 7A-1 of the Westbrook's
Subdivision (Yellowstone County TPN 03082117207010000).
Signed:
Hans Stitzinger
Signature .l Date
STATE Of I'. ::,-,. •1—, c, )
)ss.
County of _1 )
On this I '� day of I'i 20__,personally appeared before 1ne,
proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s)are subscribed to this instrument,and acknowledged the he/she/they executed
the same.
IN WITNESS WI-IEREOf, I have hereunto set my hand wid affixed Iny Official Seal on the day and year in
this certificate first above written.
Notaq,Public for the State of �.
(SEAL) Residing at: •1�+�
My Commission Expires:
Commonwealtn of Pennsylvania-Notary icai
MAUREEN A.BRINSFIELD•Notary Public
Montgomery County
My Commission Expires February 29.2026
Commission Number 1-16336
AFFIDAVIT OF WAIVTR OF PROTEST
BEFORE THF.CITY COUNCIL
OF THE CITY OF LAUREL,MONTANA
FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF
ANY FUTURE SPECIAL IMPROVEMENT DISTRICT
The undersigned hereby waives protest to the annexation of the property described below by the
City of I aurel. Undersigned also waives their right to suck judicial review under M.C-A.
§7-2-4741 (2007),subsequent to the City's annexation of the below described property-
7'lie undersigned hereby additionally waives protest to the creation of future Special Itnprovwneal
District(s)created and/or formed for future street improvements including,but not limited to,paving,
curb,gutter,sidewalk and storni drainage.or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement(SIA)with the City of Laurel.
17nis Affidavit of Waiver shall nun with tte laud vend strail forever be binding upon the Grantee,their
transferees,successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
"WEST BROOKS SUM). S17. '1'02 S. 1L24 I: I.ot 7AI AM\D TIZ 6A d 7A& POR TR S 1.1:SS HWY
IZOW 18 '
DATED(his 4-. day of 20-
Grantee Name_Jatnes r. tilAo&r,Jr.
srAr>;oF_P�►.11�:�1. 1 tJ�t�tr��
I' )Ss.
County of.. A LL�k5 )
On this day 9f 1141F J—% /a 20�,personally appeared before me,
I zit�tc-5 Tr- proved to me on the basis of satisfactory evidence to be
the person(s) whose names) ai>< subscribed to this instrument, and acknowledged the helshelthey executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal on the dxy and
year in this certificate first above written,
No4y Public for the State of > . r oeLL't i3O—
(SEAL) Commonwealth of Pennsylvania-Notary Seal Residing at: tzl I Cl; CJcy
KYLE ANN FRANCIS-Notary Public My Commission Fxpires:
Bucks County
My Commission Expires April 18,2025
Commission Number 1052987
March 6,2024
Kurt Markegard,Planning Director
City of Laurel
115 West 1s1 Street
Laurel, MT 59044
Re: Letter of Authorization
Laurel, MT Love's Development Project
Dear Mr. Markegard:
This letter will serve as authorization for Love's Travel Stops and Country Stores, Inc. (Love's),and their
Agent,JSA Civil, LLC,to prepare and process the necessary documents relative to the annexation,zoning
assignment, utility extensions, and site development permitting for Tract 7A-1 of the Westbrook's
Subdivision(Yellowstone County TPN 03082117207010000).
Signed:
James P.Stitzinger,Jr.
Signature Date
STATES OF 9e-virt 5yIvAci�-�
� )) ,, 11 )ss.
County ofLS _ )
On this .2. clay of M-Ardl ,202y,personally appeared befom,me,
-r-t s -. - ,- ``, � J- proved to me on the basis of satisfactory evidence to be
the person(s)whose name(g)m4 subscribed to this instrument,and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Sea]on the day and year in
this certificate first above written.
Notaryfublic fort lie State of
(SEAL) Residing at:-40 /e(,: eA
My Commission Expires:
Commonwealth of Pennsylvania-Notary Seal
KYLE ANN FRANCIS-Notary Public
Bucks County
My Commission Expires April 19.2025
Commission Number 1052987
AFFIDAVIT OF WAIVER OF PROTEST
BEFORE THE CITY COUNCIL
OF THE CITY OF LAUREL,MONTANA
FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF
ANY FUTURE SPECIAL IMPROVEMENT DISTRICT
The undersigned hereby waives protest to the annexation of the property described below by the
City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A.
§7-2-4741 (2007),subsequent to the City's annexation of the below described property.
The undersigned hereby additionally waives protest to the creation of future Special Improvement
Districts)created and/or formed for future street improvements including,but not limited to,paving,
curb,gutter,sidewalk and storm drainage or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement(SIA)with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee,their
transferees,successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
"WESTBROOKS SURD S17, T02 S R24 F. Lot 7A1 AI NI D TR 6A& 7A& POR TR 5 LESS HWY
ROW 18 "
DATED this day of M(N G� '20 a4 _•
rantee Name:M ic&I Stitzing
STATE OF Ps ; LJ.Q4r•A-1)
ss.
County of .lpu CS )
n this-day of ��-GL� a 201L personally appeared before me,
AA
21✓1? �- proved to me on the basis of satisfactory evidence to be
the person(s)whose name(s) ar�subscribed to this instrument, and acknowledged the helshelthey executed
the same.
IN WITNESS WBEREOF,I have hereunto set my hand and affixed my Official Seal on the day and
year in this certificate first above written.
r lit•-�c�
Not,4ry Public for the State of
(SEAL) Residing at: I
Commonwealth of Pennsylvania-Notary Seal My Commission Expires: ^�-
KYLE ANN FRANCIS-Notary Public
Bucks County
My Commission Expires April 18,2025
Commission Number 1052987
March 6,2024
Kurt Markegard, Planning Director
City of Laurel
115 West V Street
Laurel, MTS9044
Re: Letter of Authorization
Laurel,MT Love's Development Project
Dear Mr.Markegard:
This letter will serve as authorization for Love's Travel Stops and Country Stores,Inc.(Love's),and their
Agent,JSA Civil,LLC,to prepare and process the necessary documents relative to the annexation,zoning
assignment,utility extensions,and site development permitting for Tract 7A-1 of the Westbrook's
Subdivision(Yellowstone County TPN 03082117207010000).
Signed:
r
Michael Stitzinger / )
Signature Da e
STATEOF
ss.
County of 'B"e-k-s )
�n this I J-Nn day of W rl_- .20gl,personally appeared before me,
P2,� proved to me on the basis of satisfactory evidence to be
the persons)whose name(s)are-s bscribed to this instrument,and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal on the day and year in
this certificate fast above written
No Public for the State of yr 14.S z 1-11
(SEAT,) Residing at: Lv r I 6 I.- ,
My Commission Expires:
Commonwealth of Pennsylvania-Notary Seal
KYLE ANN FRANCIS-Notary Public
Bucks County
My Commission Expires April 18,2025
Commission Number 1052987 .
JSA
Engineering 1 Planning i Management
Technical Memorandum
To: City of Laurel
From: Nick Wheeler I JSA Civil, LLC
Date: March 13,2024
Subject: Annexation Request—Project Narrative
Project: Laurel, MT Love's Travel Stop
Project Narrative
Annexation Overview:
Love's Travel Stops&Country Stores, Inc. (Love's) is requesting the annexation of approximately 23.17 acres
into the City of Laurel, Montana city limits as shown on the enclosed preliminary civil engineering plans.The
subject site is a portion of Yellowstone County Tax Parcel Number 0382117207010000, legally described as Tract
7A-1 of Westbrook's Subdivision.
The area to be annexed includes the northern limits of the tax lot, located north of 19th Avenue/1-90 Business.
The site is located west of the Laurel city limits,with roadway frontages along Old Hwy 10 to the north and 19`h
Avenue/1-90 Business to the southwest.The property is currently assigned a zoning designation of HC—Highway
Commercial;we are requesting annexation into the Laurel city limits under the City's HC zoning designation.
Utilities:
Upon annexation,City of Laurel (City) public water and sanitary sewer services will be extended to the site via
utility main extensions along Old Hwy 10,within Montana Department of Transportation (MDT) right-of-way.
New service connections will be extended to the Love's property from the new utility mains along Old Hwy 10 to
serve the proposed Love's Travel Stop development.The new utility mains along Old Hwy 10 will be dedicated to
the City as public infrastructure following the construction of the improvements within MDT right-of-way. It is
understood that right-of-way and utility permit approvals from MDT, and City utility permit approval must be
secured before construction of the new utility mains. Please refer to the enclosed preliminary civil engineering
plans for additional information.
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Engineering I Planning Management
LOVE'S TRAVEL STOP
LAUREL,MT
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST-FOR WORK IN ROW
# DESCRIPTION QUANTITY UNIT UNIT COST EXTENSION
SEWER EXTENSION
1 PVC SANITARY SEWER PIPE 8 IN.DIAM.,LESS THAN 10 FT.BELOW FINISHED GRADE 2855 LF S65 $185,575
2 PVC SANITARY SEWER PIPE 8 IN.DIAM.,10 FT.-14 FT.BELOW FINISHED GRADE 1,385 LF $85 $117.725
3 SANITARY SEWER MANHOLE,48 IN.DIAM. 13 EA $4.500 $58,500
4 TRENCH RESTORATION 4-ASPHALT OVER 12-BASE COURSE 1 LS $150.000 $150,000
SEWERSUBTOTALI $511.800
WATER EXTENSION
5 PVC 900 PIPE FOR WATER MAIN 12 IN.DIAM. 3.950 LF $70 $276,500
6 GATE VALVE AND BLOCKING 12 IN. 15 EA $2,000 $30,000
7 HYDRANTASSEMBLY 9 EA $3,500 $31,500
8 TRENCH RESTORATION 4-ASPHALT OVER 12-BASE COURSE 1 LS $150,000 $150,000
WATER SUBTOTAL $48$000
TOTAL ESTIMATED CONSTRUCTION COST $999,800
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Tasks
Results
Result layer name
Parcels_Query result
Displayed features:
41/41
Taxcode:D02587
Geocode: 03082108301180000
Recording number:
Property owner: ALLWIN,DENNIS D&GLORIA
A
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
(lack lior pn perti tax detail
Taxcode: C12668
Geocode: 03082108360010000
Recording number: 3061180
Property owner: MILLER TROIS LLC
Subdivision: ROSSMOOR SUB
Block number: I
Lot number: 2
Certificate of Survey:
Tract number:
Click for propert% mx dcuul
Taxcode:C12667
Geocode: 03082108390010000
Recording number: 3061180
Property owner: MILLER TROIS LLC
Subdivision: ROSSMOOR SUB
Block number: 1
Lot number: 1
Certificate of Survey:
Tract number:
(lick li)r prunertk tax detail
Taxcode:D02622
Geocode: 03082108402010000
Recording number:
Property owner: KNOP,KENNETH R&
DEBORAH A
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
(lick liar nnmert% tax detail
Taxcode:D02621
Geocodc: 03082108402060000
Recording number:
Property owner: BECKER,WILLIAM THOMAS
SR&MILA PODINO
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for nmpenv tax detail
Taxcode: B01744
Geocode: 03082108403030000
Recording number:
Property owner: WHITE,LYNET&CHARLES R
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 1
Certificate of Survey:
Tract number:
Click litt nroncrIN tax detail
Taxcode:B01746
Geocodc: 03082108403080000
Recording number: 3669831
Property owner: KNUTSON,CHRIS
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 13
Certificate of Survey:
Tract number:
Click lift nrnnem tax detail
Taxcode:B01746B
Geocode: 03082108403120000
Recording number: 3669831
Property owner: COMMERCIAL BUILDING
DEVELOPMENT LLC
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 17
Certificate of Survey:
Tract number:
Click 1br nroncnv tax detail
Taxcode: B01746A
Geocode: 03082108403150000
Recording number:
Property owner: HEALEY,JERRY J
Subdivision: VANBUREN SUB
Block number: 2
Lot number: 20
Certificate of Survey:
Tract number:
Click ti)r nnmCrt% Icu LICtail
Taxcode:B01740
Geocode: 03082108404030000
Recording number:
Property owner: PARKS,LYLE F&LAURA GC
Subdivision: VANBUREN SUB
Block number: 1
Lot number: 2
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode:B01740A
Geocode: 03082108404040000
Recording number: 3848196
Property owner: BECKER,WILLIAM THOMAS
SR&MILA PODINO
Subdivision: VANBUREN SUB
Block number: 1
Lot number: 20
Certificate of Survey:
Tract number:
Click for propert% lax detail
Taxcodc: B01743
Geocode: 03082108404060000
Recording number:
Property owner: PARKS,LYLE F&LAURA GC
Subdivision: VANBUREN SUB
Block number: 1
Lot number: 19
Certificate of Survey:
Tract number:
Click for nroneri tax detail
Taxcodc: D12865
Geocode: 03082108405060000
Recording number: AB26
Property owner: BECKER,WARREN 1&
MARCHETA M
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcodc: D02617
Geocode: 03082108405090000
Recording number:
Property owner: HERMAN.MICHAEL A
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 416 AM
Tract number: TR 1
Click tier nroncm tax devil
Taxcode:D02618
Geocode: 03082108405130000
Recording number:
Property owner: KRENELKA,PETER E&DORIS
D
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 416 AM
Tract number: TR 2
Click for nronert% tax detail
Taxcode:D02616A
Geocode: 03082108405150000
Recording number: 3743789
Property owner: TOWN AND COUNTRY
SUPPLY ASSOCIATION
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 3590
Tract number: TR I
Click ror proper tax detail
Taxcode:C14948
Geocode: 03082108410010000
Recording number: 3329877
Property owner: CITY OF LAUREL MONTANA
Subdivision: SOLID FOUNDATIONS SUB
Block number: 3
Lot number: 1
Certificate of Survey:
Tract number:
Click Ihr mmnem tax detail
Taxcode:C12669
Geocode: 03082108490010000
Recording number: 3061180
Property owner: MILLER TROIS LLC
Subdivision: ROSSMOOR SUB
Block number: l
Lot number: 3
Certificate of Survey:
Tract number:
Click for nronerty tax detail
Taxcode:D02801
Geocode: 03082117109010000
Recording number:
Property owner: WOOD'S POWR-GRIP CO INC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 2
Certificate of Survey:
Tract number:
Click tier property tax detail
Taxcode: D02800
Geocode: 03082117109050000
Recording number:
Property owner: HORTON STORAGE LLC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 1
Certificate of Survey:
Tract number:
Click 1'or nroi%:n% ;.i\dciail
Taxcode:D02799
Geocode: 03082117109100000
Recording number:
Property owner: WOOD'S POWR-GRIP CO INC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 1
Certificate of Survey:
Tract number:
Click ti)r pronerh tax detail
Taxcode: B01738
Geocode: 03082117112010000
Recording number:
Property owner: WOOD'S POWR-GRIP CO
Subdivision: STOUFFER SUB
Block number: 2
Lot number: 12
Certificate of Survey:
Tract number:
Click for property tax detail
Taxcode:B01736
Geocode: 03082117114010000
Recording number: AB26
Property owner: FISCHER,CLAYTON&
DWIGHT
Subdivision: STOUFFER SUB
Block number: 1
Lot number: 11
Certificate of Survey:
Tract number:
Click 6)r nronerty tax detail
Taxcode:B03040
Geocode: 03082117190010000
Recording number:
Property owner: EVERGREEN INVESTMENT
PROPERTIES LLC
Subdivision: FIGGINS SUB
Block number: 1
Lot number: 2
Certificate of Survey:
Tract number:
Click for amnen%t:LC detail
Taxcode:B03046
Geocode: 03082117190040000
Recording number:
Property owner: KASTELITZ,TOM&ROSINA
Subdivision: FIGGINS SUB AM L:I
Block number: 1
Lot number: IB
Certificate of Survey:
Tract number:
Click 1'or nronert% tax detail
Taxcode: B03047
Geocode: 03082117190060000
Recording number:
Property owner: ZIMMERER.STEVE
Subdivision: FIGGINS SUB AM L:1
Block number: 1
Lot number: 1C
Certificate of Survey:
Tract number:
Click ror nroncrt% tag(1clail
Taxcode: B03048
Geocode: 03082117190080000
Recording number:
Property owner: TORRES.JOAN
Subdivision: FIGGINS SUB AIVI L:l
Block number: I
Lot number: ID
Certificate of Survey:
Tract number:
Click ti)r proncnt ur%detail
Taxcode: B03041A
Geocode: 03082117190400000
Recording number: 3129124
Property owner: PETERSON FAMILY
PROPERTIES LLC
Subdivision: FIGGINS SUB AM L:IA
Block number: 1
Lot number: IA2
Certificate of Survey:
Tract number:
Click ror nronerty tax detail
Taxcode: B03042
Geocode: 03082117190500000
Recording number:
Property owner: MATRIARCH CONSTRUCTION
INC
Subdivision: FIGGINS SUB
Block number: 1
Lot number: 3
Certificate of Survey:
Tract number:
Click 1'or nroneriv tax detail
Taxcode:D02802A
Geocode: 03082117190700000
Recording number:
Property owner: HUTSELL.WILLIARD E&
PATSY A
Subdivision: WESTBROOKS SUB AM TR 2&3
Block number: NONE
Lot number: 3B
Certificate of Survey:
Tract number:
Click lbr nroncm tax detail
Taxcode: D12151
Geocode: 03082117207010000
Recording number:
Property owner: STITZINGER,MICHAEL(50%)
Subdivision: WESTBROOKS SUB AM TR 6A,7A
&PORTION 5
Block number: NONE
Lot number: 7A1
Certificate of Survey:
Tract number:
Click lior nrotxrtv tax detail
Taxcode: D02804
Geocode: 03082117207200000
Recording number:
Property owner: CITY OF LAUREL
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 1055
Tract number: TR 1
Click lbr property tax detail
Taxcode:D12152
Geocode: 03082117207340000
Recording number:
Property owner: ROCK CREEK VENTURES LLC
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 3
Certificate of Survey:
Tract number:
Click fiir nroncm tax detail
Taxcode: D12152A
Geocode: 03082117207360000
Recording number: AB-26
Property owner: ROBERTUS,TIMOTHY D(509/6)
Subdivision: WESTBROOKS SUB
Block number: NONE
Lot number: 4
Certificate of Survey:
Tract number:
Click titr nronem ta,kIctail
Taxcodc: D02805
Geocode: 03082117207370000
Recording number: 3998692
Property owner: WESTBROOK STORAGE LLC
Subdivision: WESTBROOKS SUB AM L:4-5
Block number: NONE
Lot number: 5A
Certificate of Survey:
Tract number:
Click liar moncri% I:i\Lictail
Taxcodc:D02805A
Geocode: 03082117207470000
Recording number: 3998692
Property owner: GROSHELLE,RUDY R&
Subdivision: WESTBROOKS SUB AM L:4-5
Block number: NONE
Lot number: 4A
Certificate of Survey:
Tract number:
Click Ibr mmnerty tax detail
Taxcodc:C12592
Geocode: 03082117290010000
Recording number:
Property owner: CONNIE C LOVE TRUST
Subdivision: STITZINGER-SMITH SUB
Block number: 1
Lot number: 1
Certificate of Survey:
Tract number:
Click Ii)r property tax detail
Taxcode: D02830
Geocode: 03082118101010000
Recording number: 3812272
Property owner: CASE,KRISTINE M&
Subdivision: UNPLATTED
Block number:
Lot number:
Certificate of Survey:
Tract number:
Click tier nronertc tax detail
Taxcodc: D02830B
Geocode: 03082118105010000
Recording number: 1297698
Property owner: BICKFORD,SARAH D&
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 2091 AM
Tract number: TR B
Click for tVnhcrtx l:i\dclail
Taxcode:D02830A
Geocode: 03082118105070000
Recording number: 1297698
Property owner: KOCHER.MICHAEL
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 2091 AM
Tract number: TR A
Taxcode:D02830E
Geocode: 03082118110010000
Recording number:
Property owner: VAR DEVELOPMENT LLP
Subdivision:
Block number:
Lot number:
Certificate of Survey: CS 2361
Tract number: TR C
Click lift hmpert. tax detail
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PUBLIC HEARING NOTICE
The Laurel-Yellowstone City-County Planning Board and Laurel's Zoning Commission will
conduct a_public hearing on April 17, 2024.
Public Hearine for the annexation into the ON of Laurel and assignment of zoning "Highway
Commercial"for the property described as Westbrook Subdivision Lot 7A1 of the amended plat
of Tracts f and 7 of Westbrook's Subdivision and a portion of Tract 5 of Westbro_ok's
Subdivision. The property is located approximately 3,000 feet west of Laurel City Limits on Old
Highway 10 West.
The hearing is scheduled for 6 P.M., in the Laurel City Council Chambers at City Hall, 115 West
1st Street. Laurel. Montana. on Wednesday, April 17th,2024.
Public comment is encouraged and can be provided in person at the public hearing on April 17,
2024. Public comments can also be made via email to the Planning Director, or via letter to the
Planning Department office at 115 West 1st Street Laurel, MT 59044. Emails or letters of
comments should be received by 2pm MST April 11, 2024, so they can be transmitted to the
Planning Board members prior to the meeting. Copies of the documentation are available for
review upon request at the Planning Department office. Questions regarding this public hearing
may be directed to the Planning Director at 406-628-4796 ext. 5305, or via email at
citvplannerl@laurel.mt.gov
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CITY HALL
I16 W. ISTST. �cn' :� 1 .�� ��if� :'•.
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PUB.WORKS:628-4796 QQ
WATER OFC.:628-7431
COURT:628-1964 P.O.Box 10 Q IIIIII R
FAX 628-2241 Laurel,Montana 59044 n lJ
Office of the Planning Director
PLANNING BOARD AND ZONING COMMISSION
A portion of Westbrook's Subdivision Tract 7A-1 of the
amended plat of Tracts 6A and 7A of the amended plat of tracts 6
and 7 of Westbrook's Subdivision and a portion of Tract 5 of
Westbrook's Subdivision less Highway ROW
Annexation and Initial Zoning
Applicant:
Michael Stitzinger
Hans Stitzinger
James Stitzinger
5931 Ridgeview Dr.
Doylestown, PA 18902-1379
The Stitzinger Family is 100% of the land ownership. Annexation pursuant to §7-2-4601 et. seq.
MCA. (Annexation by Petition).
Request:
The applicants representing 100% of the ownership of lands involved, has Petitioned the City of
Laurel for Annexation of approximately 23.17 acres of property adjacent to the City of Laurel with
an initial Zoning Designation of Highway Commercial for concurrent review.
The subject property is generally described as a Lot 7A1, A portion of Westbrook's
Subdivision Tract 7A-1 of the amended plat of Tracts 6A and 7A of the amended plat of tracts 6
and 7 of Westbrook's Subdivision and a portion of Tract 5 of Westbrook's Subdivision less
Highway ROW Section 17, Township 2 South, Range 24 East P.M.M., Yellowstone County,
Montana, An annexation Exhibit, which is incorporated into this report by reference, has been
submitted in support of the Petition and Requested Initial Zoning.
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Process:
The annexation petition and requested initial zoning has been scheduled for consideration and a
public hearing by the Laurel— Yellowstone City County Planning Board and Zoning
Commission for 6 p.m. on Wednesday, April 17, 2024. The City Council will consider the
annexation and zoning designation at a future council meeting.
Analysis of the Request
The Stitzinger Family represents 100% of the land ownership involved in the petition.
➢ The 2020 Laurel Growth Policy designates the property as a `growth area' of the city.
The current use of the property is nonproductive agriculture as nothing has been planted
on the property since the new highway interchange was constructed.
The requested zone Laurel "Highway Commercial" provides uses compatible to lands
adjacent to roads and is consistent with the requirements of R-08-22 that lands embraced
by the city be assigned R-7500 or greater. This property is not conducive to residential
development.
The subject property was presumed to be zoned "Highway Commercial" and is now
presumed to be not zoned but Yellowstone County is in the process to zone it "Highway
Commercial".
Highway commercial (HQ district - The purpose of this district is to provide areas
for commercial and service enterprises which are intended primarily to serve the
needs of the tourist, traveler, recreationist, or the general traveling public. Areas
designated as highway commercial should be located in the vicinity of, and accessible
from freeway interchanges, intersections in limited access highways, or adjacent to
primary or secondary highways. The manner in which the services and commercial
activities are offered should be carefully planned in order to minimize the hazard to
the safety of the surrounding community and those who use such services; and to
prevent long strips of commercially zoned property.
➢ MCA 76-2-Part 46 annexation requires that the land use designation be 'consistent with
the prevailing use of the property, consistent with the prevailing County Zoning
Assignment, and/or consistent with the current growth policy'. All lands outside the City
of Laurel were previously thought to have been extraterritorial zoned and Yellowstone
County is now exercising zoning authority from 2024 and forward.
➢ In addition to the extension of urban scale services the City Zoning provides options for
development that are not available to rural properties.
➢ The initial zoning must be considered under City Resolution R-08-22 (Annexation), the
Laurel Municipal Code Title 17 (Zoning).
➢ The question of annexation and initial zoning must be heard by the Laurel —Yellowstone
City County Planning Board and Zoning Commission to give a recommendation of the
zoning assignment to the City of Laurel City Council.
➢ Is the requested annexation and initial zoning in the best interest of the City and Citizens
of the City of Laurel.
➢ The property is situated such that street rights-of-way will need to be annexed to the subject
property. The highways in the area are under the control of the Montana Department of
Transportation.
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Findings:
✓ The subject property is adjacent to the City of Laurel via a street connection.
✓ The City Council is not required to submit the question of annexation to the qualified
electors of the area to be annexed as the petition is signed by 100% of the owners.
✓ The city may annex the property as 100% of the ownership of same has petitioned the city
for annexation.
✓ The driver for the annexation request is to develop the property for commercial purposes.
The agents working with the property owners want to have city water and sewer services.
✓ The property has been identified as a high priority area in Chapter 7.5, Annexation, of the
2020 Growth Policy and is included in the Planning Jurisdiction Map annexation priority
boundaries. As such, the requested zoning is consistent with the Laurel Growth Policy.
✓ The proposed assignment of"Highway Commercial "meets all the statutory requirements
of MCA 76-2-46 annexation and zoning assignment.
✓ The Laurel "Highway Commercial" Zone is determined to be a "greater than" R-7500
classification density.
✓ The extension of city services will be at the owner's expense (R-08-22) and in accordance
with the Annexation Agreement or a development agreement as approved by the City
Council and requirements of the Public Works Department and the Montana Department
of Transportation
✓ The city can provide services to the property both existing and proposed if extension of
water, sewer. Storm water will have to be stored on site.
12 Point Test for Zoning:
I. Is the zoning in accordance with the growth policy;
• The Growth Policy identifies all the property proposed for annexation as an annexation
priority area.
• Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater.
• The Zone "Highway Commercial" meets the definition as `greater than' R-7500 and is not
a residential planned area.
Finding:
The requested zoning is in accordance with the Growth Policy.
II. Is the zoning designed to lessen congestion in the streets;
• The proposed zoning along with the annexation agreement will allow development of the
property consistent with the adjoining interstate traffic.
• Proposed development that would potentially impact roads and a traffic impact analysis is
being developed for the Montana Department of Transportation.
• Highways adjacent to this property are all within the Montana Department of
Transportation. City streets are not in the area.
Finding:
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The requested zoning will have a material impact on the State of Montana Department of
Transportation. The City may see increased traffic as with any added development of property.
III. Is the zoning designed to secure safety from fire, panic, and other dangers;
• Fire hydrants and water supply should be adequate if they meet the requirements from the
Public Works Department.
Finding:
The requested zoning will not have an adverse impact on safety from fire, panic, or other
dangers.
IV. Is the zoning designed to promote health and the general welfare;
• The land is adjacent to the interstate highway system and "highway commercial" zoning
allows for land uses to provide places for the traveling public to eat,fuel their vehicles, and
rest.
Finding:
The requested zoning will promote the public health and the general welfare.
V. Is the zoning designed to provide adequate light and air;
• The existing zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
• The proposed "Highway Commercial" zone provides restrictions on structure height,
setbacks, lot coverage. These standards exist to provide open spaces and adequate light
and air.
• The existing development has more than adequate separation from surrounding uses.
Finding
The requested zoning will provide adequate light and air.
VI. Is the zoning designed to prevent the overcrowding of land;
O The existing zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
Finding:
The proposed zoning will prevent the overcrowding of land.
VII. Is the zoning designed to avoid undue concentration of population;
The existing zoning imposes building setbacks, height limits, limits on the number of
buildings on a single parcel, and reasonable area limits on new development.
The subject property is large enough to provide adequate separation from surrounding
uses.
The property is not going to be used for residential development with the "Highway
Commercial" designation.
Finding:
The proposed zoning will prevent the undue concentration of population.
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Vill. Is the zoning designed to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements;
• The requested zoning will allow for transportation services as defined in "Highway
Commercial" designation in the Laurel Municipal Code.
Finding:
The requested zoning will facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements.
IX. Does the zoning give reasonable consideration to the character of the district and its peculiar
suitability for particular uses;
• The requested zoning is consistent with the Growth Policy.
• The property is compatible with surrounding development and had been believe to be
previously zoned "Highway Commercial" in the extraterritorial zoning for the City of
Laurel.
• The water and sewer infrastructure with this annexation is for the intended use of the
property and will need final approval from the City of Laurel City Council and the Public
Works Department as well as the Montana Department of Transportation.
Finding:
The requested zoning is consistent with surrounding uses, the Growth Policy and provides
for opportunities with suitable uses.
X. Does the zoning give reasonable consideration to the peculiar suitability of the property for
its particular uses;
• The requested zoning is consistent with the Growth Policy.
• The property is compatible with surrounding development and is consistent with
interstate highways adjacent to the property.
• The water and sewer infrastructure proposed with the annexation will have to meet
infrastructure requirements by the Public Works Department and the Montana
Department of Transportation.
Finding:
The requested zoning is in keeping with the character of the development in the area.
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XL Will the zoning conserve the value of buildings;
• The extension and availability of public water and sewer resultant from annexation and
initial zoning will add value to buildings as the proposed use is substantially like or
complementary to surrounding buildings and uses.
• The requested zoning is consistent with the Growth Policy.
• The proposed zoning is not anticipated that there would be any adverse effect on the value
of surrounding buildings or lands.
Finding:
The value of existing buildings both on and adjacent to the requested zone will either be
enhanced or not affected by the proposed zoning.
XII. Will the zoning encourage the most appropriate use of land throughout the municipality?
• The requested zoning is consistent with the Growth Policy.
• The requested zoning is consistent with the prevailing land uses and zoning surrounding
the property.
Finding:
The requested zoning provides for the most appropriate use of land in the municipality
which will keep non-residential traffic close to the interstate.
Conclusion:
The petition for annexation into the City of Laurel with the initial zoning assignment of Laurel
"Highway Commercial"appears to be consistent with the requirements of City Council Resolution
R-08-22. Additionally, the annexation, extension of services, and initial zoning assignment is in
the best interest of both the City of Laurel and the property owners.
RECOMMENDATION
The Laurel—Yellowstone City County Planning Board should find that "Highway Commercial" zoning is
an appropriate zoning designation and recommend that the Laurel City Council adopt the Findings of
Fact outlined in this report. The City Council must annex the lands and can hold a joint Public Hearing
allowed for in MCA 76-2-303 3(B) )A joint hearing authorized under this subsection (3)fulfills a
municipality's obligation regarding zoning notice and public hearing for a proposed annexation.
Laurel Municipal Code chapter 17.12.220(G)The hearing for annexation and zone change may
be held at the same time.
That an Amended Plat or Certificate of Survey suitable for filing with Yellowstone County that
describes the tract of land to be annexed be submitted.
That an Annexation Agreement or development agreement is submitted for acceptance by
the City Council.
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Map for proposed annexation for a portion of Lot7A1 of the amended plat of Tracts 6 and 7
and a portion of tract 5 of West brook Subdivision and the adjoining highway rights of way
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110%ecom mendati®n for Zoning "Highway Commercial"
LAUREL - YELLOWSTONE CITY-COUNTY PLANNING BOARD
The Laurel- Yellowstone City - County Planning Board voted unanimously
on April 17th, 2024, to recommend the assignment for zoning of "Highway
Commercial" for property described as a Portion of Westbrook's Subdivision
Tract 7A-1 of the amended plat of Tracts 6A and 7A of the amended plat of
tracts 6 and 7 of Westbrook's Subdivision and a portion of Tract 5 of
Westbrook's Subdivision less Highway ROW and adjacent right of way. The
planning board moved, seconded, allowed for public comment, and then voted
unanimously to recommend to the Laurel City Council to approve the zoning
designation for the above-described property if the City Council approves of
the annexation request.
Dated this 17th day of April 2024.
LaureV- Yellowstone City County Planning Board
Judy,Goldsby President
Kurt Markegard Executive Secretary