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HomeMy WebLinkAboutResolution No. R25-81 RESOLUTION NO. R25-81 A RESOLUTION OF THE CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT FOR LOVE'S TRAVEL STOPS & COUNTRY STORES,BASED UPON THE RECOMMENDATION OF THE LAUREL ZONING COMMISSION. WHEREAS,the City of Laurel has adopted zoning regulations pursuant to §76-2-301, et seq., MCA, establishing standards for land use, building, and development within the City; WHEREAS, Love's Travel Stops & Country Stores, through its authorized agent, submitted an application for a Conditional Use Permit for recreational vehicle parking in the Highway Commercial (HC) zoning district, located in 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; WHEREAS, the Laurel Zoning Commission held its duly noticed public hearing on August 20, 2025, reviewed the application, supporting documentation, and public comment, and adopted findings of fact in accordance with the Standard of Review established by the City Council; WHEREAS, the Laurel Zoning Commission, on a unanimous vote, found that the application and supporting documentation meet or exceed the Standard of Review and recommended approval of the Conditional Use Permit for Love's Travel Stops & Country Stores; and WHEREAS, the City Council considered this matter by way of public hearing on the 91" 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 application meets the requirements of the Laurel Zoning Regulations, including consistency with the Growth Policy,compatibility with surrounding uses,minimization of adverse impacts, protection of public health and safety, and compliance with applicable codes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana, as follows: 1. The Conditional Use Permit application of Love's Travel Stops & Country Stores for recreational vehicle parking in the Highway Commercial zoning district is hereby APPROVED. 2. This approval is subject to compliance with all applicable provisions of the Laurel Municipal Code, zoning regulations, and any conditions deemed necessary by the City to preserve public health, safety, and welfare. R25-81 Approve Conditional Use Permit for Love's 3. The Conditional Use Permit shall expire one (1)year from the date of approval if the next step in the development process is not commenced, including but not limited to application for a building permit, commencement of the use, or application for a Development Permit. Introduced at a regular meeting of the City Council on the 91h day of September 2025, by Council Member Mize. PASSED and APPROVED by the City Council of the City of Laurel the 91h day of September 2025. APPROVED by the Mayor the 91h day of September 2025. C Y OF LAUREL Dave Waggoner, ?Mayor ``````Vy��o ATTEST: � ,5 .•�'sa_ EA.L JI E CC .,, gi°�, ly S ec Jerk-Treasurer �1/"""11100\ APPROVED AS TO FORM: AIIC�LL b P���_ Michele L. Braukmann, Civil City Attorney R25-81 Approve Conditional Use Permit for Love's J J CITY HALL PLANNING 628-4796 City O f Laurel WATER OFC.:628-7431 IIIIII COURT:628-1964 P.O.Box 10 FAX 628-2241 Laurel,Montana 59044 Office of the City Planner Zoning Commission Recommendation CONDITIONAL USE PERMIT REPORT CUP-25-01 Love's Travel Stops & Country Stores RV Parking—Highway Commercial District 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 as well as the intended use of to property. The subject property was recently annexed into the City of Laurel and was assigned the initial zoning of Highway Commercial (HC). 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: JSA Civil Charlie Severs, PE 111 Tumwater BLVD SE, Ste B203 Tumwater WA 98501 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 Conditional Use was submitted on July 25, 2025, and is scheduled for review and recommendation on August 20, 2025 by the Laurel Zoning Commission. • The Zoning Commission following the Public Comment must adopt findings of fact and issue a formal recommendation to the City Council on the requested conditional use. 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 comments will be submitted to the City Council for consideration, hearing and final decision. • The City Council will consider the Zoning Commission recommendation, findings of fact, and any conditions mitigating the impacts associated with the request. ZONES INVOLVED: Existing and Proposed ➢ HC—Highway Commercial District. o Recreational Vehicle camping is a Conditionally Permitted use in the HC District. RATIONAL NEXUS FOR CONDITIONAL USES: "Conditional Use" The purpose of Conditional Uses is to allow uses that may be suitable in some but not all locations in the zoning district in which they are allowed or require special consideration because of unusual operational or physical characteristics or must be designed and developed with conditions to assure compatibility Findings of Fact: Standard of Review—REQUIRED. A recommendation for Approval or Conditional Approval of a Conditional Use shall require the Planning Board and City Council to consider and address each of the following Findings of Fact: CONSISTENT WITH GROWTH POLICY The Conditional Use is consistent with the policies, goals, objectives, and strategies of the Laurel Growth Policy. COMPATIBILITY The Conditional Use is compatible with the character of the immediate vicinity including the bulk, scale, and general appearance of neighboring buildings and uses. MINIMIZES ADVERSE IMPACT The design, development, and operation of the Conditional Use minimizes and mitigate adverse effects, including visual impact of the proposed use on adjacent lands. MINIMIZES ADVERSE ENVIRONMENTAL IMPACT The development and operation of the proposed Conditional Use minimizes adverse environmental impacts. Environmental resources to be assessed include, but are not limited to wetlands, riparian areas, steep slopes, mature vegetation, and the floodplain. IMPACT ON PUBLIC FACILITIES AND SERVICES The Conditional Use does not have a significant adverse impact on public facilities and services, including, but not limited to, transportation systems, potable water and wastewater facilities, storm drainage, solid waste and recycling, parks, trails, sidewalks, schools, police, fire, and EMT facilities. HAZARD, NUISANCE The proposed Conditional Use will not create a hazard to persons or property and will not create a nuisance arising from, but not limited to traffic, noise, smoke, odors, dust, vibration, or illumination. OTHER CODES The Conditional use complies with all applicable City codes and ordinances. CONDITIONS Conditions or restrictions may be placed on the approval of a Conditional Use. Such items include but are not limited to: A. OPEN SPACES; AND B. BUFFERS; AND C. FENCES; AND D. WALLS; AND E. REQUIRING INSTALLATION AND MAINTENANCE OF LANDSCAPING; AND F. REQUIRING STREET DEDICATIONS AND IMPROVEMENTS; AND G. REGULATING POINTS OF VEHICULAR INGRESS AND EGRESS; AND H. REGULATING TRAFFIC CIRCULATION; AND I. REGULATING SIGNS; AND J. REGULATING HOURS OF OPERATION AND METHODS OF OPERATIONS; AND K. CONTROLLING POTENTIAL NUISANCES; AND L. PRESCRIBING STANDARDS FOR MAINTENANCE OF BUILDINGS AND GROUNDS; AND M. PRESCRIBING DEVELOPMENT SCHEDULES AND DEVELOPMENT STANDARDS; AND N. SUCH OTHER CONDITIONS AS THE COUNCIL MAY DEEM NECESSARY TO ENSURE COMPATIBILITY OF THE USE WITH SURROUNDING DEVELOPMENTS AND USES AND TO PRESERVE THE PUBLIC HEALTH, SAFETY, AND WELFARE. EXPIRATION A Conditional Use 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. RECOMMENDATION: This is the first requested conditional use with the newly adopted STANDARD OF REVIEW established by the City Council as part of the updated Zoning Regulations. The Zoning Commission (on a UNANIMOUS vote) finds that the application, supporting documentation meet or exceeds the Standard of Review and Recommends that the City Council approve the Conditional Use for Love's Travel Stops & Country Stores.