The URL can be used to link to this page

Home My WebLink AboutResolution No. R25-80 AMENDMENT TO RESOLUTION NO. R25-80 AN AMENDMENT BASED UPON SCRIVENER'S ERROR TO RESOLUTION OF THE CITY COUNCIL APPROVING THE VARIANCE REQUESTED BY LOVE'S TRAVEL STOPS & COUNTRY STORES TO ALLOW SIGNAGE EXCEEDING THE HEIGHT LIMITATIONS OF THE HIGHWAY COMMERCIAL ZONING DISTRICT. WHEREAS, Resolution No. 25-80 was passed on the 9th day of September, 2025; WHEREAS, Resolution No. 25-80 contained a Scrivener's Error that noted conflicting dates of the Zoning Commission's Public Hearing, both of August 20, 2025 and August 25, 2025; WHEREAS, the public record clearly reflects that the Zoning Commission's Public Hearing was held on August 20, 2025, versus August 25, 2025; and WHEREAS, the conflicting dates involved were the result of a Scrivener's Error, and as such, this Amendment to the Resolution does not require, by Montana law, approval of City Council, and only requires approval by the Mayor of the City of Laurel. THEREFORE, Resolution No. 25-80 is hereby amended to reflect that, on August 20, 2025, the Zoning Commission voted 6-1 to recommend approval of the variance request by Love's Travel Stops & Country Stores to the City Council. APPROVED by the Mayor on the /.'� day of _ f�' , 2025. CITY OF LAUREL Dave Waggoner, Mayor y ATTEST: d"e"AD e Str r,AClerk-Tf Amendment to R25-80: Approve Love's Variance Request APPRO V 1�:1) AS TO FORM: 01-6�&L &�� Michele L. Braukmann, Civil City Attorney Amendment to R25-80: Approve Love's Variance Request RESOLUTION NO. R25-80 A RESOLUTION OF THE CITY COUNCIL APPROVING THE VARIANCE REQUESTED BY LOVE'S TRAVEL STOPS & COUNTRY STORES TO ALLOW SIGNAGE EXCEEDING THE HEIGHT LIMITATIONS OF THE HIGHWAY COMMERCIAL ZONING DISTRICT. WHEREAS, the City of Laurel has adopted zoning regulations pursuant to §76-2-301 et seq., MCA, which establish standards for height, bulk, and location of structures including outdoor advertising signs; WHEREAS,Love's Travel Stops&Country Stores,the Applicant,requested a variance from the maximum height requirement of 45 feet in the Highway Commercial (HC)District to allow outdoor signage exceeding this limitation; WHEREAS, the application was duly submitted on July 25, 2025, and the Laurel Zoning Commission held a public hearing on August 20,2025,to consider the variance request; WHEREAS, the Zoning Commission reviewed the application, supporting documentation, and testimony presented at the public hearing; WHEREAS, the Zoning Commission, based upon its findings of fact, determined that the variance request met the applicable standards of review for approval of a variance under the City's zoning ordinance; WHEREAS, on August 25, 2025, the Zoning Commission voted 6-1 to recommend approval of the variance request by Love's Travel Stops & Country Stores to the City Council; WHEREAS, the City Council considered this matter by way of public hearing on the 9th day of September, 2025 at 6:30 p.m.; and WHEREAS, the City Council has reviewed the Zoning Commission's recommendation, findings of fact, and supporting documentation, and determined that the variance request met the applicable standards of review for approval of a variance under the City's zoning ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. The City Council hereby approves the variance request submitted by Love's Travel Stops & Country Stores to allow signage in excess of the 45-foot height limitation established for the Highway Commercial (HC) District. 2. The variance approval is granted based upon the findings of fact and recommendation of the Laurel Zoning Commission. R25-80 Approve Love's Variance Request 3. The variance shall expire one (1)year from the date of approval if the next logical step in the development process is not commenced, including but not limited to applying for a building permit, commencing the use, or applying for a Development Permit. Introduced at a regular meeting of the City Council on the 9th day of September 2025 by Council Member Mackay. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 91h day of September 2025. APPROVED by the Mayor on the 9th day of September 2025. TY OF LAUREL Dave Waggoner, Mayor _m S ATTEST: =r EAL = .00 11kxtiefr, Jerk-Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R25-80 Approve Love's Variance Request 15 WHALS 1 City Of Laurel LPLANNING:628-4796 � 0 9 WATER OFC.:628-7431 e COURT:628-1964 P.O.Box 10 l' FAX 628-2241 Laurel,Montana 59044 J J J J Office of the City Planner Zoning Commission Recommendation VARIANCE REPORT VAR-25-01 Love's Travel Stops & Country Stores Height of Outdoor Advertising August 25, 2025 BACKGROUND: The City of Laurel has had zoning since the early 1970's as authorized by§76-2-301 et. seq MCA. These regulations set minimum and maximum standards for all lands located with the jurisdiction of the City of Laurel. These regulations establish standards for the height, bulk, and location of structures (including outdoor advertising signs). The subject property was recently annexed into the City of Laurel and was assigned the initial zoning of Highway Commercial (HQ. The HC District imposes a maximum structure height of 45 feet. The applicant was aware of this standard at the time of annexation and has requested a variance as outlined in their application. The application materials address several other points that outline the anticipated benefits of the project. The application materials are incorporated into this report by reference. LEGAL DESCRIPTION: Westbrook Subdivision, Lot 7A1, Amended Tract 6A and 7A and a portion of Tract 5 less Highway right-of-way in Section 17, Township 02 South, Range 24 East, P.M.M., City of Laurel, Yellowstone County, Montana. APPLICANT(S): Love's Travel Stops & Community Stores, Corporate Office 10601 N Pennsylvania Ave Oklahoma City, OK 73120 AGENT: Effective Images, Inc Kevin Keup 1027 5ch Ave NW Watertown, SD 57201 EXISTING CONDITION: The subject property is a platted subdivision within the City of Laurel. The property is undeveloped and is intended to be served by public water, sewer, streets, and solid waste collection. The property is 34.239 acres in size. PROCESS: • The application for a Variance was submitted on July 25, 2025, and is scheduled for a public hearing on August 20, 2025 by the Laurel Zoning Commission. • The Zoning Commission following the Public Hearing must adopt findings of fact and issue a formal recommendation to the City Council on the requested variance. The Zoning Commission may propose conditions or modifications to the request so long as the findings of fact support the condition(s). • Those findings of fact and conclusions as well as the record minutes of the public hearing will be submitted to the City Council for consideration,hearing and final decision. • The City Council will conduct a duly noticed Public Hearing on the Zoning Commission recommendation, findings of fact, and any conditions mitigating the impacts associated with the request. This hearing will occur later in September. ZONES INVOLVED: Existing and Proposed ➢ HC—Highway Commercial District. o The maximum height for a structure in the HC District is 45 feet. RATIONAL BASIS FOR VARIANCE: "Variance" means an adiustment in the application of the specific regulations of this title to a particular piece of property -,yhich property, because of special circumstances applicable to it, is deprived of privileges commonly enioyed by other properties in the same vicinity or zone. Findings of Fact: Standard of Review A recommendation for Approval or Conditional Approval of a Variance shall require the Board of Adjustment making each of the following Findings of Fact: I. Special Conditions There are special circumstances or conditions that are peculiar to the land or building for which the Variance is sought that do not apply generally to land or buildings in the neighborhood; and 2. Not Result of Applicant The special circumstances or conditions have not resulted from an act of the applicant or been established to circumvent this Ordinance; and 3. Strict Application Unreasonable Due to the special circumstances or conditions, the strict application of this Ordinance would deprive the applicant of reasonable use of the land or building or create an undue hardship on the landowner; and 4. Necessary to Provide Reasonable Use Granting the Variance is necessary to provide a reasonable use of the land or building; and 5. Minimum Variance The Variance is the minimum variance necessary to allow a reasonable use of the land or building; and 6. Not Injurious Granting the Variance will not be injurious to the neighborhood or detrimental to the public welfare; and 7. Consistent with Ordinance Granting the Variance is consistent with the purposes and intent of this Ordinance. A variance to the Allowed Uses of a zoning district is prohibited. CONDITIONS Conditions or restrictions may be placed on the approval of a Variance. EXPIRATION A Variance shall expire one (1) year from the date of approval if the next logical step in the development process is not commenced. The next step in the development process includes but is not limited to applying for a building permit, commencing the use, or applying for a Development Permit. Findings of Fact: RECOMMENDATION: The Zoning Commission (on a 6-1 Vote) Recommends that the City Council APPROVE the variance request and allow for signage at the Love's Travel Stops and Country Store that exceeds the limits of the Highway Commercial Zoning District. J J ' 115WHALT City Of Laurel PLANNING:628-4796 WATER OFC.:628-7431 P.O. Box 10 I COURT:628-1964 FAX 628-2241 Laurel,Montana 59044 J J J Office of the City Planner PUBLIC HEARING NOTICE The Laurel—Yellowstone City-County Planning Board and Zoning Commission will conduct a public hearing on Wednesday,August 20,2025,on the following applications. The meeting will begin at 6:00 p.m. in the City Council Chambers at City Hall, 115 West First Street, Laurel, Montana. 1. A variance request submitted by Love's Travel Stops&Country Stores Inc.to the maximum height limit for an on-premise sign in the Laurel Highway Commercial (HC) Zoning District. The request is to install a sign that is 145 feet in overall height and is intended to provide visibility of the facility for approximately 1 mile for both east and westbound traffic along Interstate 90. The subject property is located at 415 19th Avenue West Laurel (the West Laurel Interchange). The property may be described as Westbrooks Subdivision, Lot 7A1, Amended Tract 6A and 7A and a portion of Track 5 less Highway Right-of-Way in Section 17,Township 02 South, Range 24 East. Public comment is encouraged and can be provided in person at the public hearings on August 20th and again at the City Council meeting on September 9th. Public comment 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. A copy of the applications and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5302, or via email at cityplanner@Iaurel.mt.Rov. e ffe c ti ve i m a g e s,inc.' 1027 51h Ave. NW I Watertown,SD 57201 1 605.753.9700 August 25th, 2023 Re: Sign Survey—Laurel, MT Property Location: Northeast quadrant of 1-90 and Hwy 90 Intersection; Exit 432 Survey Date: July 251h, 2023 Blimp Information: Located on the Southwest corner of the property, 105'OAH Latitude:45.664800/Longitude: 108.798960/Google Earth Elevation: 3322' The blimp used in this survey was at 105' OAH located at the Southwest corner of the property. The Hi-Rise sign superimposed in this survey reflects a structure that is 145'OAH located at the spot of the property. Westbound traffic will have a full read on the sign 0.8 miles from the exit and will continue to have a full read on the sign until they reach the off-ramp exit. Eastbound traffic will have their initial read on the Hi-Rise sign at 1 mile from the exit. They will have a read on the top portion of the sign as they head over a bridge. As they approach 0.9 miles from the exit,they will have a full read on the sign. Traffic will continue to have a full read on the sign until they reach a stretch of trees between 0.7 and 0.4 miles where the sign will intermittently appear from the tree obstructions. Once they reach 0.3 miles from the exit they will have a full read on the sign until they approach the off-ramp exit. The property is located within the county, and they do not have a sign code. We would recommend a sign that is 145'OAH located at the Southwest corner of the property. This will provide a good read on the sign for both Westbound and Eastbound traffic. 145' OAH will allow better visibility over the trees and billboard while traveling Eastbound. A preliminary filing with the FAA was submitted and we were given a no-hazard determination for the proposed sign structure's height and location. No additional follow-up will be required, however, any height and/or location change of the structure would require a new filing to confirm compliance with the FAA requirements. Once you have had a chance to review the information, please let us know if you have any questions. Thank You, Kevin Keup Effective Images, Inc. Emailed: Greg Love, Chad Bruner, Frank Ille,Shawn Baker, Kari Keup LAUREL, MT M � p Garden r� i fir.• � ti '- alit., Auto P,epair Pryor e( Wag immpmw - -- -- — -- AMod Softbal - � d • Westbrook: Storage lit IJ 40 r, Lion 90 ,�- d • Bot BLIMP RECOMMENDED • • WESTBOUND 1.0 MILES FROM EXIT ` _ Tr a ' to WESTBOUNDdjAiq 0.8 MILES FROM -- 1 �40 �: WESTBOUND 0.7 MILES FROM EXIT fA - - LL. WESTBOUND 0.6 MILES FROM EXIT 1. f f WESTBOUND 0.5 MILES FROM EXIT WESTBOUND 0.4 MILES FROM EXIT qk,A; WESTBOUND `" . �. . 0.3 MILES FROM EXIT mom WESTBOUND r.-- �►— '- 0.2 MILES FROM EXIT �; V U , i WESTBOUND — 0.1 MILES FROM EXIT U Mot WESTBOUND _ AT EXIT r loves Om EASTBOUND - 1.0 MILES FROM EXIT 12, EASTBOUND 0.9 MILES FROM EXIT 1 - "f EASTBOUND 0.8 MILES FROM EXIT Ing EASTBOUND 0.7 MILES FROM EXIT EASTBOUND 0.6 MILES FROM EXIT 1 EASTBOUND 0.5 MILES FROM EXIT 77 �„' Wk EASTBOUND 0.4 MILES FROM EXIT EASTBOUND 0.3 MILES FROM EXIT am EASTBOUND 0.2 MILES FROM EXIT I EASTBOUND 0.1 MILES FROM EXIT Al �i i.= ► . - - - EASTBOUND AT EXIT 0-M- _ Overall Height: 145' Love's Hi Rise Total Square Feet: 1167.88 effective Images . Phone:605.753.9700 Client: 8'x 10' Love's Love's Led Heart location: (80 Sq. Ft.) 5.1 15'x 16' 6'/z" Laurel,MT I'Separation II Arby's B-18 Concept Drawing#: ® Drawing Only E23551 (248.13 Sq. Ft.) Date: 9'x Love's iavci � 08/24/23 (198 Sq. Ft.) — Revision: 6' 6"Separation Drawn By: 5'Separation MP Scale: 1 1'x 41' 6" 3/32"= 1' Price Sign Sales Order#: By Sunshine 89"Numerals (456.5 Sq. Ft.) 2'Separation 9'x 20' 7'Speedco (185.25 Sq. Ft.) 100' From Grade to Bottom of Speedco Sign UNLEADED Side B-Not To Scale Diesel, Love's & Led Heart to be Installed Toward Interstate/Highway ** Note: Product panel copy and numeral details to be confirmed by others. Computer generated colors in this artwork are not an exact match to the finished sign colors. Material samples are available upon request. APPROVAL: Date: This drawing is the property of Effective Images. Any reproduction is prohibited. 0 dogs 1 D-ru s r � �s � /