FLATHEAD COUNTY PLANNING AND ZONING OFFICE CONDITIONAL USE PERMIT REPORT (#FCU-21-05) HOLDINGS, LLC MAY 13, 2021

I. GENERAL INFORMATION A. Project Description This is a report to the Flathead County Board of Adjustment regarding a request from Jeremy Prather on behalf of Jewel Basin Holdings, LLC for a conditional use permit for a ‘Hotel, motel’ on the subject property located at 241 Sportsman Lane in Bigfork, MT. The property is located within the Bigfork Zoning District and is zoned ‘B-3 Community Business’. B. Application Personnel 1. Owner 2. Applicant Jewel Basin Holdings, LLC Jeremy Prather 835 E 23rd Street 835 23rd Street Houston, TX 77009 Houston, TX 77009

C. Process Overview 1. Land Use Advisory Committee/Council The proposed land use is located within the advisory area of the Bigfork Land Use Advisory Committee (BLUAC). The BLUAC will conduct a public hearing on the proposed conditional use permit on May 27, 2021 at 4:00 P.M. at Bethany Lutheran Church, located at 8559 Highway 35, Bigfork, MT 59911. A recommendation from the BLUAC will be forwarded to the Flathead County Board of Adjustment for their consideration. 2. Board of Adjustment The Flathead County Board of Adjustment will conduct a public hearing on the proposed conditional use permit on June 1, 2021, at 6:00 P.M. in the Second Floor Conference Room of the South Campus Building located at 40 11th Street West in Kalispell, MT. Documents pertaining to this file are available for public inspection in the Flathead County Planning and Zoning Office, located on the second floor of the South Campus Building. II. PROPERTY CHARACTERISTICS A. Property Location and Size The subject property is located at 241 Sportsman Lane, Bigfork, MT (see Figure 1 below). The property is approximately 0.69 acres and can be legally described as Lot 5 of Ridgeview Subdivision in the SE1/4 of SE1/4 of Section 14, Township 27 North, Range 20 West P.M.M., Flathead County, . Figure 1: Subject property (outlined in yellow)

B. Existing Land Use(s) and Zoning The property is located within the Bigfork Zoning District and is zoned ‘B-3 Community Business’. The property is currently undeveloped. The B-3 zoning classification is defined in Section 3.20 of the Flathead County Zoning Regulations (FCZR) as, “A business district to provide areas for the development of congregated community shopping areas, to serve the range of a number of neighborhoods of a major segment of the Planning Area. This district should be a business center and not a strip development.” C. Adjacent Land Use(s) and Zoning The majority of properties in the surrounding area are similarly zoned B-3, although the adjacent property to the north is zoned AG-40. The adjacent properties are a mixture of undeveloped, commercial and agricultural. The surrounding properties are primarily commercial business. Two lots are currently undeveloped within the subdivision.

2 Figure 2: Zoning surrounding the subject property (outlined in red)

D. Summary of Request The applicant is requesting a conditional use permit to allow for ‘Hotel, motel’ pursuant to Section 3.20.030(10) of the Flathead County Zoning Regulations (FCZR). According to the definition found Section 8.09.080, a hotel or motel is defined as “One or a group of attached, detached, or semi-detached buildings containing guest rooms or units, which are designed and used primarily for short term accommodations.” The use of property for Hotel, motel in the B-3 zone requires the issuance of a conditional use permit, the review of which is subject to specific guidelines set forth under Section 2.06.080 FCZR regarding criteria for the issuance of a conditional use permit. The applicant is proposing to construct three separate structures containing a total of 8 units. Two structures would contain one dwelling each and the larger structure would contain 6 dwelling units. According to floor plans submitted with the application, each dwelling unit in the larger structure would be approximately 1,240 square feet, one story with a height of approximately 15 feet, contain one bedroom, kitchen facilities, and bathroom facilities. The two smaller structures would each be 1,200 square feet, contain three bedrooms, one story with the height of 15 feet, kitchen and bathroom facilities. The site plan indicates a two-way driving lane and seventeen parking spaces are proposed in front of the structures, as well as some parking in front of the units. The application states, “The proposed use is to build an eight-unit hotel that will be used for short-term accommodation. The hotel will consist of six one bed/one bath units and two three bed/two bath units. The one bed/one bath units will be built as one large building with the same foundation, and the three bed/two bath units will be two separate stand-alone buildings. The hotel will be adjacent to the Jewel Basin Center, currently under construction […] and will primarily 3 be used as accommodation for guests traveling to the Jewel Basin Center, and regular tourists to the Flathead Valley.” III. COMMENTS A. Agency Comments 1. Agency referrals were sent to the following agencies on April 6, 2021:  Bigfork Fire District  Bigfork Water & Sewer District  Bigfork School District  Bonneville Power Administration  Flathead City-County Environmental Health Department  Flathead County Solid Waste District  Flathead County Weeds & Parks Department  Montana Department of Transportation  Montana Department of Natural Resources and Conservation 2. The following is a summarized list of agency comment received as of the date of the completion of this staff report:  Bonneville Power Administration o Comment: “[…] At this time, BPA does not object to this request, as the property is located approximately 7 miles away from the nearest BPA transmission lines or structures.” Email received April 7, 2021  Flathead City-County Health Department – Environmental Health Services o Comment: “This office has an objection to operation of a Tourist Home at the above referenced property. This dwelling is connected to Bigfork municipal sewer and therefore, the Health Department has no occupancy restrictions. Operation of a tourist home in the State of Montana requires licensure under title 50- 51-201 MCA as a public accommodation. Operation of the tourist home must be compliant with Montana ARM 37.111.1.” Letter received April 9, 2021  Bigfork Water & Sewer District o Comment: “Bigfork Water and Sewer District has services for one building at this lot. Water and sewer mains need to be extended to serve the proposed hotel buildings.” Email received April 15, 2021  Flathead County Solid Waste District o Comment: “[…] After reviewing the application, the Solid Waste District views no negative impact with solid waste issues at this time. The District requests that all solid waste generated at the proposed location be hauled by a private hauler. Republic Services is the licensed (PSC) Public Service Commission Licensed hauler in this area. Their business phone number is 406-676- 4330.” Letter received April 8, 2021

4  Flathead County Weeds & Parks o Comment: “I have no need for a weed management plan.” Email received April 29, 2021 B. Public Comments 1. Notification was mailed to property owners within 150 feet of the subject property on May 14, 2021, pursuant to Section 2.06.040(3) of the Flathead County Zoning Regulations. Legal notice of the public hearing on this application was published in the May 16, 2021 edition of the Daily Interlake. 2. Public Comments Received As of the date of the completion of this staff report, no written public comment has been received regarding the requested conditional use permit. It is anticipated any individual wishing to provide public comment on the proposal will do so during the public hearing. Any written comments received following the completion of this report will be provided to the Board and summarized during the public hearing. IV. CRITERIA REQUIRED FOR CONSIDERATION Per Sections 2.06.080 and 2.06.100 of the Flathead County Zoning Regulations, what follows are criteria required for consideration of a Conditional Use Permit and suggested findings of fact based on review of each criterion. A. Site Suitability 1. Adequate Usable Space The subject property is 0.69 acres and is zoned B-3 which does not have a lot coverage requirement. According to the submitted site plans, both individual structures will have a floor area of 1,200 square feet. The larger structure has a total floor area of 3,720 square feet. The setback requirements within the B-3 zone are 20 feet from the front and side corner, 15 feet from the rear and 5 feet from the side property lines for structures. An additional setback of 20 feet is required from streams, rivers, and unprotected lakes, which do not serve as property boundaries. According to the site plan, the proposed structures would meet the setback requirements. Based upon staff’s site visit and the application materials, it appears the subject property has adequate usable space to accommodate the proposed structures. 2. Adequate Access The subject property is accessed via Sportsman Lane, which is a paved, two-lane, private road within a 60 foot wide right-of-way and located at the end of a cul-de-sac. The applicant states, “Access to the subject property is provided by Sportsman Lane, a 25 foot wide two way paved road. Access to Sportsman Lane is from Montana Highway 82.” Given low traffic volume on Sportsman Lane and low speeds on the road, the proposal appears to have adequate access. 3. Absence of Environmental Constraints The subject property is relatively flat adjacent to the road right-of-way and is gently rolling towards the rear of the lot. According to FEMA Flood Insurance Rate Map (FIRM) Panel 30029C2305J, the property is within the unshaded Zone X, which is an area determined to be outside the 0.2% annual chance flood. There are no wetlands, streams, or surface waters on the property. Finding #1 – The subject property appears suitable for the proposed use because the structures would meet the applicable setback requirements of the B-3 zone, the property has 5 legal and physical access via Sportsman Lane, and the site appears absent of environmental constraints. B. Appropriateness of Design 1. Parking Scheme Hotels, motel and cabins require one (1) parking space per guest room or suite plus one (1) space for every two (2) employees per maximum shift, pursuant to Section 6.03.030. Additionally, Section 6.01.030 FCZR requires all parking spaces to be clearly designated and demarcated. The site plan indicates a total of 17 parking spaces, 10 parking spaces for standard vehicles would be located in front of hotel, outside of the front yard setback. The additional 7 parking spaces will be located in front of the other units. 2. Traffic Circulation The subject property is currently accessed via Sportsman Lane. The site plan indicates a two- way driving lane with one approach onto Sportsman Lane. Sportsman Lane would also provide access to ten of the parking spaces. The property is located at the end of a cul-de-sac within a 60 foot right-of-way. Based on the site plan, the access would meet applicable regulations, thus the traffic circulation appears to be appropriately designed. Finding #2 – The parking and traffic circulation design appears adequate for the proposed use because Sportsman Lane would provide access to the subject property, the driving lane would comply with the minimum width requirement, and seventeen (17) parking spaces would be provided on the property outside of the front yard setback. 3. Open Space The application states, “The site layout allows for a shared green space of approximately 12,000 square feet. The space will be landscaped with grass and will include a pergola with outdoor furniture.” The subject properties are currently zoned B-3. In the B-3 zone, the minimum lot size and permitted lot coverage are not applicable. However, the property is approximately 30,056 square feet and the structures will cover approximately 6,120. Approximately 20.6% of the lot will be covered by structures and the rest of the lot will remain open space. 4. Fencing/Screening The application states, “The only planned fence will be a privacy fence at the rear (east side) of the property. The fence will not exceed 6 feet in height, and will be meant to increase guests’ privacy and block the view of the business storage yard to the east.” The zoning regulations do not require fencing or screening for hotels and no fencing or screening is required as a condition of approval. Any future fencing would be required to comply with Section 5.04 FCZR. 5. Landscaping The application states, “The shared green space will be landscaped with grass, and the remaining open space will be landscaped with grass and native bushes/trees.” The zoning regulations do not require landscaping for cluster dwellings or short-term rental housing and no landscaping is required as a condition of approval. 6. Signage The subject property does not currently contain signage. The application states, “The only signage only the property will be a sign at the entrance of the property with the name of the business. The sign will not exceed 75 square feet, as mandated by the Flathead County Zoning 6 Regulations.” The permit will be conditioned to require all signage to comply with the signage standards set forth in Chapter 7 of the Flathead County Zoning Regulations and to prohibit signage on the property advertising short-term rental housing. 7. Lighting The application states, “Safety and security lighting will be included on all buildings and common areas.” All exterior lighting would be required to comply with the lighting performance standards set forth in Section 5.12 FZCR so as to minimize impacts to surrounding properties. Finding #3 – The proposed use appears appropriately designed because the majority of the property would remain open space, no additional landscaping is required, and all fencing, signage, and lighting would be required to comply with the zoning regulations. C. Availability of Public Services and Facilities 1. Sewer According to the application, the subject property is currently served by the Bigfork Water & Sewer District. Comment received from the Bigfork Water and Sewer District states, “Bigfork Water and Sewer District has services for one building at this lot. Water and sewer mains may need to be extended to serve the proposed hotel buildings. I have reached out to Jeremy Prather regarding this issue.” The applicant will be required to go through review with Flathead City-County Health Department for sewer in accordance with the Sanitation in Subdivisions Act. The applicant will be required to obtain all necessary permitting from the Bigfork Water & Sewer District prior to constructing the proposed hotel. 2. Water According to the application, the property is currently served by the Bigfork Water & Sewer District. As previously stated, the applicant will be required to obtain all necessary permitting from the Bigfork Water & Sewer District prior to constructing the proposed hotel. Comment received from the Flathead City-County Health Department states, “Operation of a tourist home in the State of Montana requires licensure under Title 50-51-201 MCA as a public accommodation. Operation of the tourist home must be compliant with Montana ARM 37.111.1.” The proposed use will require review for a public accommodation license to ensure compliance with the applicable regulations. 3. Storm Water Drainage The application states, “All storm water drainage will be directed towards the street (ditch) with culverts installed per Flathead County Road Department.” The applicant would be required to obtain all necessary permitting for storm water drainage from the Montana Department of Environmental Quality. Finding #4 – Sewer, water, and storm water drainage services appear adequate to serve the proposed use because the property is served by the Bigfork Water & Sewer District, however, the applicant will be required to obtain all necessary permitting from the Bigfork Water & Sewer District, the Flathead City-County Health Department, and the Montana Department of Environmental Quality. 4. Fire Protection The subject property is located within the Bigfork Fire District and would be served by the Bigfork Fire Department, which is located approximately 3 driving miles south of the property. The property is located within the Wildland Urban Interface (WUI). The application 7 states, “A fire hydrant is located within the subdivision and is directly adjacent to the property. Additionally, there is a large turnaround at the end of Sportsman Lane that will allow for quick ingress and egress.” Due to the proximity of the property to the local fire department, it is anticipated response times would be relatively short in the event of an emergency. 5. Police Protection The subject property is located in an unincorporated area of the County and is therefore served by the Flathead County Sheriff’s Office. Acceptable response times are anticipated in the event of an emergency due to the property’s location in an urbanized area of the County. 6. Streets The property is accessed via Sportsman Lane, which is a paved, two-lane, private road within a 60 foot wide right-of-way. Finding #5 – The subject property appears to have adequate availability of public services for the proposed use because the property is served by the Bigfork Fire District and the Flathead County Sheriff’s Office, acceptable response times are anticipated for emergency services due to the property’s location in a relatively urbanized area of the County, and the property is accessed from Sportsman Lane, which is a paved, two-lane, private road within a 60 foot wide right-of-way. D. Immediate Neighborhood Impact 1. Excessive Traffic Generation As previously discussed, Sportsman Lane is a paved, two-lane private road accessed by Montana Highway 83. According to the ITE Trip generation 9th Edition, an (8) eight room hotel would generate 65 vehicle trips per day based on an average daily rate of 8.17 trips generated per hotel room. The most recent traffic counts for Montana Highway 83 were taken in 2019 by the Montana Department of Transportation. The average daily trips on Highway 82 at that site were determined to be 3,367. Using these estimates, the addition of 65 vehicle trips would increase traffic on Highway 82 by approximately 1.93%. Finding #6 – Additional vehicle traffic associated with the proposed uses are not anticipated to generate excessive traffic which would adversely impact the immediate neighborhood because the traffic generated from the proposed use is a 1.93% increase from the average daily trips onto Highway 82 and is anticipated to be similar to future traffic conditions in the area given current zoning and established subdivision road and MDT did not object to this proposal. 2. Noise or Vibration While some noise and vibration will naturally occur as a result of construction activities related to the development of the hotel, these impacts will be limited in duration and should not negatively impact the surrounding area. No noise or vibration beyond what is typical for a residential area is anticipated as a result of the proposed hotel. 3. Dust, Glare or Heat While some dust is anticipated during construction activities, the resulting impacts will be limited in duration. The primary access road is paved, and the site plan indicates paving for the internal driving lane. Section 6.12.020 FCZR states, “All parking and access driveways for businesses and tourist accommodation facilities shall be a smoothly graded stabilized dust free surface that has been treated with dust retardants or paved.” The permit will be conditioned to require the parking and driving lane to be paved. 8 As with any development, increased impervious surface area and windows do have the potential to increase the impacts of glare and heat on the subject property as well as the surrounding area. However, theses impacts can be mitigated by retaining open space on the subject property in conformance with the bulk and dimensional requirements of the zoning and landscaping these areas or maintaining them as grass or other types of pervious surfaces. 4. Smoke, Fumes, Gas, or Odors The proposed hotel is not expected to create any smoke, fumes, gas or odors beyond those typically associated with residential activities. The proposed use will likely not impact the surrounding neighborhood with regard to these types of emissions. 5. Inappropriate Hours of Operation The application states, “During construction, construction activities will be limited to acceptable hours. Once operational, units at the hotel will be rented to single families, and will not have inappropriate hours of operation.” The proposed hotel will operate as is typical for a residential area; no hours of operation have been proposed by the applicant or are necessary for residential dwellings. Finding #7 – The proposed use is not anticipated to have a significant impact on the immediate neighborhood because no noise, vibration, dust, glare, heat, smoke, fumes, gas, or odors in excess of what is anticipated for residential use is expected, there are measures in place to mitigate impacts, and the applicant would be required to pave the parking and driving areas.

V. SUMMARY OF FINDINGS 1. The subject property appears suitable for the proposed use because the structures would meet the applicable setback requirements of the B-3 zone, the property has legal and physical access via Sportsman Lane, and the site appears absent of environmental constraints. 2. The parking and traffic circulation design appears adequate for the proposed use because Sportsman Lane would provide access to the subject property, the driving lane would comply with the minimum width requirement, and seventeen (17) parking spaces would be provided on the property outside of the front yard setback. 3. The proposed use appears appropriately designed because the majority of the property would remain open space, no additional landscaping is required, and all fencing, signage, and lighting would be required to comply with the zoning regulations. 4. Sewer, water, and storm water drainage services appear adequate to serve the proposed use because the property is served by the Bigfork Water & Sewer District, however, the applicant will be required to obtain all necessary permitting from the Bigfork Water & Sewer District, the Flathead City- County Health Department, and the Montana Department of Environmental Quality. 5. The subject property appears to have adequate availability of public services for the proposed use because the property is served by the Bigfork Fire District and the Flathead County Sheriff’s Office, acceptable response times are anticipated for emergency services due to the property’s location in a relatively urbanized area of the County, and the property is accessed from Sportsman Lane, which is a paved, two-lane, private road within a 60 foot wide right-of-way. 6. Additional vehicle traffic associated with the proposed uses are not anticipated to generate excessive traffic which would adversely impact the immediate neighborhood because the traffic generated from the proposed use is a 1.93% increase from the average daily trips onto Highway

9 82 and is anticipated to be similar to future traffic conditions in the area given current zoning and established subdivision road and MDT did not object to this proposal. 7. The proposed use is not anticipated to have a significant impact on the immediate neighborhood because no noise, vibration, dust, glare, heat, smoke, fumes, gas, or odors in excess of what is anticipated for residential use is expected, there are measures in place to mitigate impacts, and the applicant would be required to pave the parking and driving areas.

VI. CONCLUSION Upon review of this application, the request to allow for cluster dwellings and short-term rental housing on the subject property is generally supported by the review criteria and the Findings of Fact listed above. Should the Flathead County Board of Adjustment choose to adopt staff report FCU-21- 05 as Findings of Fact and approve the conditional use permit, the following conditions would ensure compliance with the review criteria and appropriate measures to mitigate impacts:

VII. CONDITIONS OF APPROVAL 1. The hotel and short-term rental housing shall be in substantial conformance with the application materials and site plan as submitted and approved by the Board of Adjustment and modified by the conditions below [FCZR Section 2.06.010]. 2. Changes or modifications to the approved use or the site plan shall not be affected unless specifically approved in writing by the Flathead County Board of Adjustment [FCZR Section(s) 2.06.010 and 2.06.020]. 3. The hotel shall be located in accordance with the minimum bulk and dimensional requirements of the B-3 zoning designation, pursuant to Section 3.21.040 of the Flathead County Zoning Regulations. 4. All required parking and circulation associated with the hotel shall meet the applicable design guidelines set forth in Chapter 6 of the Flathead County Zoning Regulations requiring adequate drainage, parking space delineation, and a graded, stabilized, dust-free surface that is paved [FCZR 6.13.010] 5. A minimum of seventeen (17) parking spaces shall be provided on the subject property [Section 6.03.030 FCZR]. 6. The proposed water, wastewater treatment, and stormwater drainage systems for the hotel housing shall be reviewed and approved, as applicable, by the Bigfork Water & Sewer District, the Flathead City-County Health Department, and the Montana Department of Environmental Quality. 7. The property owner is responsible for collecting the State Bed Tax and conveying those monies to the State of Montana Department of Revenue. 8. Lighting on the subject property shall adhere to the performance standards set forth in Section 5.12 of the Flathead County Zoning Regulations. 9. Signage on the subject property shall adhere to the standards set forth in Chapter 7 of the Flathead County Zoning Regulations. 10. Fencing on the subject property shall adhere to the performance standards set forth in Section 5.04 of the Flathead County Zoning Regulations.

10 11. At the end of twelve (12) months from the date of authorization of this permit staff will inspect to verify compliance [FZCR Section 2.06.060]. Prior to advertising or operating the dwelling as a short-term rental, all the above conditions are required to be met. 12. The conditional use permit shall terminate twelve (12) months from the date of authorization if commencement of the activity has not begun, unless the applicant can demonstrate and maintain a continuous effort in good faith in commencing the activity. [FCZR Section 2.06.060].

Planner: LM

11