HomeMy WebLinkAboutResolution No. R26-01 RESOLUTION NO. R26-01
A RESOLUTION OF THE CITY COUNCIL APPROVING ANNEXATION OF
APPROXIMATELY 10.31 ACRES OF PROPERTY ADJACENT TO THE CITY OF
LAUREL WITH AN INITIAL ZONING DESIGNATION OF LAUREL HIGHWAY
COMMERCIAL (HQ FOR CONCURRENT REVIEW.
WHEREAS, a Petition for Annexation was submitted on December 5, 2025 to the City
of Laurel by Love's Travel Stops & Country Stores (hereinafter "Petitioner") of certain real
property situated in Yellowstone County, Montana;
WHEREAS, the real property is generally described as follows:
Tract 7A-1 of Westbrook's Subdivision, located in Section 17, Township 2
South, Range 24 East(property address is 415 19th Avenue West, Laurel, MT).
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 property is situated such that street rights-of-way will need to be
dedicated to the City, and Yellowstone County GIS provided a map detailing the adjacent
rights-of-way that will be need to be annexed, and this map is incorporated into the required
annexation exhibits;
WHEREAS, the Laurel City-County Planning Board and Zoning Commission held a
duly advertised public hearing on Petitioner's Petition for Annexation and Concurrent Initial
Zoning Designation on December 18, 2025 at 6:00 p.m.;
WHEREAS, at the conclusion of the hearing, the Planning Board and Zoning
Commission voted to recommend approval to the City Council of the annexation request and
concurrent initial zoning designation;
WHEREAS, the City Council held a duly advertised public hearing regarding Petition
for Annexation and Concurrent Initial Zoning Designation on the 13th day of January, 2026;
R26-01 Annexation of Love's Property
WHEREAS, the City Council is not required to submit the question of annexation to
the qualified electors of the property to be annexed as the Petition is signed by 100% of the
owners;
WHEREAS, the subject property was included as "future growth area" in the Growth
Policy adopted by the City of Laurel, the property has been identified on the Laurel Future
Land Use Map portion of the Growth Policy as commercial, and as such, the requested zoning
is consistent with the Laurel Growth Policy;
WHEREAS, the proposed assignment of HC meets all of the statutory requirements of
Part 46 annexation and zoning assignment;
WHEREAS,the extension of City services will be at the owners' expense(R08-22)and
in accordance with the Annexation Agreement as approved by City Council;
WHEREAS, the City has the ability to provide services to the property, both existing
and proposed; and
WHEREAS,at the conclusion of the hearing,the City Council determined that approval
of the Petition for Annexation and Concurrent Initial Zoning Designation was in the best
interests of the City and meets the twelve-point test for zoning.
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:
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
Yellowstone County, Under Document No. 1684287.
Excepting therefrom that portion granted under the State of Montana by virtue
of Bargain and Sale Deed Recorded January 25, 1965, Book 807, Under
Document No. 747048; and
R26-01 Annexation of Love's Property
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 382729; 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.
4. 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.
5. 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.
6. 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 13th day of January, 2026,
by Council Member Mackay.
PASSED and APPROVED by the City Council of the City of Laurel the 13th day of
January, 2026.
APPROVED by the Mayor the 13th day of January, 2026.
CITY OF LAU
Dave Waggoner, MayVr
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R26-01 Annexation of Love's Property
APPR V D AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R26-01 Annexation of Love's Property
STAFF REPORT
LOVE'S TRAVEL STOPS & COUNTRY STORES
Annexation and Initial Zonin<(
December 5, 2025
Applicant:
Love's Travel Stops & Country Stores, Corporate Office
10601 N Pennsylvania Ave
Oklahoma City, OK 73120
Love's Travel Stops and Country Stores represent 100% of the land ownership. Annexation
pursuant to §7-2-4601 et. seq. MCA. (Annexation by Petition).
Request:
Love's Travel Stops &Country Stores,representing 100%of the ownership of lands involved,has
Petitioned the City of Laurel for Annexation of approximately 10.31 acres of property adjacent to
the City of Laurel with an initial Zoning Designation of Laurel Highway Commercial (HQ for
concurrent review.
The subject property is generally described as described as Tract 7A-1 of Westbrook's Subdivision
located in Section 17, Township 2 South, Range 24 East, into the City of Laurel, Yellowstone
County, Montana. (The property address is 415 19th Ave West). An annexation Exhibit, which
is incorporated into this report by reference, has been submitted in support of the Petition and
Requested Initial Zoning.
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 6:00 p.m. on Thursday December 18, 2025. Though not yet scheduled the matter will be
considered by the Laurel City Council at a Work Session and Public Hearing/Action in early 2026.
Analysis of the Request
➢ Love's Travel Stops & Country Stores represents 100% of the land ownership involved in
the petition.
➢ The Laurel Growth Policy designates the property as a `growth area' of the city.
➢ The current use of the property is vacant.
➢ The requested zone City Laurel Highway Commercial (HQ provides for a variety of uses
and is consistent with the requirements of R-08-22 that lands embraced by the city be
assigned R-7500 or greater.
➢ The subject property currently is zoned County Highway Commercial.
➢ 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'.
➢ In addition to the extension of urban scale services the City Zoning provides options for
development that are not available to rural properties. These options include but are not
limited to Planned Unit Developments
➢ 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.
➢ 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 dedicated to the City.
Yellowstone County GIS has provided a map detailing the adjacent rights-of-way that will
need to be annexed as well. This map is incorporated into the required annexation exhibits.
Findings:
✓ The subject property is adjacent to the City of Laurel.
✓ 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. 14
✓ The driver for the annexation request is the desire of Love's Travel Stops &Country Stores
to construct a facility that is accessory to their travel stop and store. The only way the
conceptual development plan works is to extend the City water and sewer systems to the
proposed development.
✓ The subject property was included as `future growth area' in the Growth Policy adopted by
the City of Laurel. Additionally, the property has been identified on the Laurel Future
Land Use Map portion of the Growth Policy as Commercial. As such,the requested zoning
is consistent with the Laurel Growth Policy.
✓ The proposed assignment of HC meets all the statutory requirements of Part 46 annexation
and zoning assignment.
✓ The Laurel HC Zone is listed along with other Commercial generally applicable land use
assignments and is therefore determined to be a"greater than"R-7500 classification.
✓ The extension of city services will be at the owner's expense (R-08-22) and in accordance
with the Annexation Agreement as approved by the City Council.
✓ The City Zoning provides options for development that are not available to rural properties.
These options include but are not limited to Planned Unit Developments. These options
and the exactions of infrastructure are most beneficial to the Owner,the City of Laurel, and
all surrounding properties in conjunction with the proposed development of the property
in the future.
✓ The city has the ability to provide services to the property both existing and proposed.
12 Point Test for Zoning:
I. Is the zoning in accordance with the growth policy;
• The proposed zoning is consistent with the prevailing County zoning on the property.
• The Growth Policy identifies all of the property proposed for annexation as Multi-Family.
• Resolution R-08-22 requires zoning assignment at annexation at R-7500 or greater.
• The Highway Commercial Zone meets the definition as `greater than' R-7500.
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 is consistent with the prevailing County zoning on the property.
• The proposed zoning along with the annexation agreement will allow development of the
property consistent with surrounding uses of property.
• Proposed development that would potentially impact roads and streets would require a
traffic impact analysis and associated improvements.
Finding:
The requested zoning will not have a material impact on congestion in the streets.
III. Is the zoning designed to secure safety from fire, panic, and other dangers;
• The proposed zoning is consistent with the prevailing County zoning on the property.
• The Growth Policy identifies the property as Commercial.
• All commercial development must be constructed in accordance with the prevailing
International Code Council standards.
• Adequate public infrastructure exists or can be readily extended/expanded to serve the
development at HC densities and uses.
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 proposed zoning is consistent with the prevailing County zoning on the property.
• The Growth Policy identifies the property as Commercial as a future land use.
• The connection of the facilities and properties at the time of development to the Laurel
municipal water and wastewater systems will have positive impacts to public health and
general welfare.
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 HC, 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;
• 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 HC proposal, has density and development controls that are designed to prevent
the overcrowding of land.
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 HC proposal, has density and development controls that are designed to prevent
the overcrowding of land.
• The subject property is large enough to provide adequate separation from surrounding
uses.
Finding:
The proposed zoning will prevent the undue concentration of population.
VIII. Is the zoning designed to facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements;
• The requested zoning, without some overlay or modification, will not necessitate the
installation of new or additional infrastructure.
• It is anticipated that a significant portion of the property being annexed will be further
developed. It is at that point the additional infrastructure as well as capacities will be
evaluated.
• Some of the public duties, such as police, will shift from Yellowstone County to the City
of Laurel but the net effect is minimal.
Finding:
The requested zoning will facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements. Additionally, as the uses of the
property change and the intensity of development changes, the city will be able to plan for
and be prepared for the anticipated increased demands on their public systems.
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 which is, for the most part,
vacant, residential or commercial.
• The requested city zoning is substantially similar to the prevailing county zoning on the
property.
• The water and sewer infrastructure proposed with the annexation is adequate for the
intended use of the property.
Finding:
The requested zoning is consistent with surrounding uses, the Growth Policy and provides
for opportunities for additional development 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 which is, for the most part,
vacant, residential or commercial.
• The water and sewer infrastructure proposed with the annexation is adequate for
development of the property that is consistent with the requested HC zoning.
Finding:
The requested zoning is in keeping with the character of the development in the area. It also
provides for opportunities for additional development with suitable uses.
XI. 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 similar to or
complementary to surrounding buildings and uses.
• The requested zoning is consistent with the Growth Policy.
• The proposed zoning is a logical transition/replacement of County for City, it 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.
• A healthy mix of land uses encourages growth and development in the community as a
whole. The addition of HC at this location will benefit not only the housing in Laurel by
providing the need for essential services.
Finding:
The requested zoning provides for the most appropriate use of land in the municipality. It
also provides for a significant amount of flexibility for a mixture of uses as contemplated
by the District Regulations.
Conclusion:
The petition for annexation into the City of Laurel with the initial zoning assignment of Laurel
Highway Commercial (HC) appears to be consistent with the requirements of Part 46 Annexation
and City Council Resolution R-08-22. Additionally, the annexation, extension of services, and
initial zoning assignment are in the best interest of both the City of Laurel and Love's Travel
Stopes & Country Stores.
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 stonn 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:
LOT 7A-1 OF THE AMENDED PLAT OF TRACTS 6A AND 7A OF THE AMENDED PLAT OF
TRACTS 6 AND 7 OF WESTBROOKS SUBDMSION.YELLOWSTONE COUNTY.
MONTANA ACCORDING TO THE OFFICIAL PLAT ON FILE IN THE OFFICE OF THE
CLERK AND RECORDER OF SAID COUNTY UNDER DOCUMENT 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 382729.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.
DATED this g S, f day of h0Y*AMW-G- 2025.
LOVE'S: LOVE'S TRAVEL STOPS & COUNTRY STORES,INC.,
An Oklahoma Corporation
By:
IM DO W ,Vic resident
STATE OF OKLAHOMA )
SS:
COUNTY OF OKLAHOMA )
This instrument was acknowledged before me this"D10 day of kby/MW,--, 2025, by TIM
DOTY as Vice President of LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma
corporation.
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JSA .,;IVIL
Engineering I Planning I Management
Technical Memorandum
To: City of Laurel
From: JSA Civil, LLC
Date: November 17, 2025
Subject: Annexation Request—Project Narrative
Project: Laurel, MT Love's Travel Stop
Annexation Overview:
Love's Travel Stops&Country Stores, Inc. (Love's) is requesting the annexation of approximately 10.31 acres
into the City of Laurel, Montana city limits as shown on the enclosed Annexation Map.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 southwest limits of the tax lot, located to the west of 19th Avenue W.The
site is located west of the Laurel city limits.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 parcel area
via private utility extensions that were installed with the Love's Travel Stops project. Approach, Encroachment,
and UPAS approvals and permits will need to be issued by MDOT.
Submittal Fees:
A non-refundable application fee of$300+$25.00 per acre (80 acres or less) must accompany the annexation
application submission.The area to be annexed is approximately 10.31 acres. As a result,the application fee is
$557.75.
CITY OF LAUREL, MONTANA
REQUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
Applicant is required to meet with the Citv Planner prior to filling out this
application. All blanks of this application are to be filled in with explanation
by the applicant. Incomplete applications will not be accepted.
1. 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:Love's Travel Stops & Country Stores. Inc.
Address: 10601 N Pennsylvania Avenue. Oklahoma City, OK 73120
Phone: 1-800-655-6837
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: 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
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 382729, 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.
1
Lot size: +/-10.31 acres
Present use: VacanUundcveloped
Planned use: HC — Highway Commercial
Present zoning: HC — Highway 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: 8" private water main already on-site. Internal water
main extension to annexed area proposed
Cost of extension of approved service: N/A—private service
How cost determined: N/A
Timeframe for installation: 2026
Sewer Service:
Location of existing main:8" private sewer main already on-site. Internal sewer
main extension to annexed area proposed.
Cost of extension of approved service: N/A — private service
How cost determined: N/A
Timeframe for installation:2026
How financed:Privately funded
Streets:
Is there any adjoining County ROW to the proposed annexation: The site fronts
19th Avenue W
Location of existing paved access: There are currently no )aved access points.
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
2
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
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