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Staff Report FLATHEAD COUNTY PLANNING AND ZONING OFFICE CONDITIONAL USE PERMIT REPORT (#FCU-21-05) JEWEL BASIN 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, Montana. 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.
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