HomeMy WebLinkAbout03-05-18 City Commission Packet Materials - A5. Shed Distillery CUP for Sales of Alcohol for On-Premises ConsumptionCommission Staff Report
Shed Distillery CUP
Application: 17555
February 22, 2018
Page 1 of 21
Report To: Mayor and City Commission
From: Courtney Johnson, Senior Planner
Subject: Shed Distillery CUP, Application 17555
Meeting Date: November 27, 2017.
Project Description: Modification Plan Amendment and Conditional Use Permit (CUP) to allow on premise
consumption using a domestic distillery license (MT Depart of Revenue License Number: 99-999-3198-050)
on a newly licensed premises located within the B2M (Community Business) zoning district.
Project Location: 706 North 7th Avenue, Bozeman, MT 59715.
Recommendation: Approval with conditions.
Recommended Motion: “Having reviewed and considered the application materials, public comment, and
all the information presented, I hereby adopt the findings presented in the staff report for application
17555 and move to approve the Shed Distillery On-Premise Consumption of Alcohol Conditional Use
Permit with conditions and subject to all applicable code provisions.”
Agenda Item Type: Action Item (Quasi-Judicial)
Report Date: February 22, 2018
Executive Summary
Unresolved Issues
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a conditional use permit (CUP) application on
November 28, 2017 for an existing addressed as 706 North 7th Avenue, Bozeman, MT 59715. The CUP
application requests permission for sales and on premise consumption of alcohol in the existing building,
using a distillery, issued by the State of Montana. The sale of any type of alcohol for on premise
consumption is a conditional use in the B-2M (Central Business) district. The subject property falls within
the North 7th Urban Renewal district; however, the application proposes minor changes to the building and
site.
The application does not propose any zoning variances or deviations.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Continue the public hearing on the application, with specific direction to Staff or the applicant
to supply additional information or to address specific items.
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Table of Contents
Executive Summary ........................................................................................................................................... 1
Section 1 – Map Series ....................................................................................................................................... 3
Section 2 – Recommended Conditions of Approval .................................................................................. 6
Section 3 – Conditional Use Permit Provisions of the BMC ...................................................................... 6
Section 4 – Required Code Provisions ...................................................................................................... 8
Section 5 – Staff Analysis and Findings .................................................................................................... 9
Section 6 – Attachments .................................................................................................................................. 16
Appendix A – PROJECT SITE ZONING AND GROWTH POLICY ......................................................................... 17
Appendix B – DETAILED PROJECT DESCRIPTION AND BACKGROUND ........................................................... 19
Appendix C – NOTICING AND PUBLIC COMMENT .......................................................................................... 20
Appendix D – OWNER INFORMATION AND REVIEWING STAFF .................................................................... 20
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Section 1 – Map Series (Zoning)
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Section 1 – Map Series (Land Use)
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Section 1 – Map Series (Growth Plan)
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. A copy of the State Revenue Department domestic distillery license for the establishment must be
submitted to the Department of Community Development prior to the sale of alcoholic beverages.
3. Any modification of the State on-premises consumption retail alcohol license from a domestic distillery
license requires review and approval of a new conditional use permit.
4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal
Code Sections 38.19.110.I and 38.34.160 based on substantial complaints from the public or from the
Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in
possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol.
5. Any expansion of this use or facility is not permitted unless reviewed and approved as required under
the applicable regulations of the Bozeman Municipal Code.
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF THE BMC
A. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit procedure. All special
conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the
owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s
Office by the property owner prior to the final site plan approval or commencement of the use. All of the
conditions and code provisions specifically stated under any conditional use listed in this title shall apply
and be adhered to by the owner of the land, successor or assigns. This is a required final step in the CUP
process. The City will provide the applicant with the document to record.
B. Section 38.19.110.I BMC describes the process for termination/revocation of a conditional use permit
approval:
1. Conditional use permits are approved based on an analysis of current local circumstances and
regulatory requirements. Over time these things may change and the use may no longer be
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appropriate to a location. A conditional use permit will be considered as terminated and of no
further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a
period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final site plan
approval in 38.19.120.
2. A conditional use which has terminated may be reestablished on a site by either, the review and
approval of a new conditional use permit application, or a determination by the planning director
that the local circumstances and regulatory requirements are essentially the same as at the time of
the original approval. A denial of renewal by the planning director may not be appealed. If the
planning director determines that the conditional use permit may be renewed on a site then any
conditions of approval of the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities must
comply with any conditions of approval or code requirements. Should there be a failure to maintain
compliance the city may revoke the approval through the procedures outlined in section 38.34.160.
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SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: 17555 Shed Distillery On-Premise Consumption of Alcohol CUP
The Development Review Committee (DRC) considered the conditional use permit application to allow the
sales of alcohol for on-premise consumption in the building tenant space addressed as 706 North 7th
Avenue. The DRC recommended conditional approval of the application on January 4, 2018.
The City Commission will hold a public hearing and review the application at its March 5, 2018 meeting.
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SECTION 5 – STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal
codes, standards, and plans, public comment, and all other materials available during the review period.
Collectively this information is the record of the review. The analysis in this report is a summary of the
completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
In considering applications for plan approval under this chapter, the review authority and advisory bodies
shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The Future Land Use designation is “Community Commercial Mixed Use” in the Bozeman
Community Plan. Staff did not identify any conflicts with the goals and objectives of the Bozeman
Community Plan. This use is permitted within the B-2M, Community Commercial Mixed Use District
with the approval of a conditional use permit (CUP).
For more detailed information on the growth policy designation, please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
The project will conform to the Bozeman Municipal Code. There are no known documented
violations with the BMC for the property.
3. Conformance with all other applicable laws, ordinances, and regulations
The City evaluated plans against the requirements of the International Building Code. The
conditions of approval address coordination with other regulating agencies. The applicant must
provide the Department of Community Development with a copy of the State domestic distillery
license prior to commencement of the proposed use. The building falls within the Bozeman Police
Department service area.
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4. Relationship of site plan elements to conditions both on and off the property
The application does not propose any changes to the existing building. The use is compatible with
and sensitive to the adjacent mix of uses and approved development relative to access, parking,
circulation, and accessibility. The site provides adequate parking and public facilities are adequate
to serve the building. Addition of domestic distillery sales and on-site consumption will not
materially change site plan elements.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
This proposal meets the parking requirements as identified in the parking matrix of the Unified
Development Code, and Ordinance 1976 the North 7th Renewal (Midtown Revitalization) and
therefore will not impact traffic and parking conditions. Approval of a conditional use permit for the
sales and on-premise consumption of alcohol will not alter parking requirements in the existing
building.
6. Pedestrian and vehicular ingress and egress
The street frontage pedestrian sidewalk along North 7th Avenue provides clear public pedestrian
access. The parking lot allows vehicle access directly from North 7th Avenue and provides for direct,
accessible access to the building.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space,
and pedestrian areas, and the preservation or replacement of natural vegetation
Not applicable. This is an existing conforming site and this application does not require any
additional landscaping improvements.
8. Open space
Not applicable. Commercial uses do not require the provision of residential open space.
9. Building location and height
Not applicable. The application does not include any changes to the existing building. This is an
existing conforming site.
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10. Setbacks
Not applicable. The application does not include any changes to the existing building. This is an
existing conforming site.
11. Lighting
Not applicable. The application does not include any changes to the existing building. The applicant
is aware that any future lighting modifications shall be in conformance with the Bozeman Municipal
Code.
12. Provisions for utilities, including efficient public services and facilities
The application does not propose any changes to the water and sewer services or private utilities.
There is adequate water and sewer capacity to allow for the continued use. The Solid Waste
Division collects waste from the building within the parking lot. The Water and Sewer Division
tested and approved the building’s backflow prevention system to ensure the safety of the public
water supply.
13. Site surface drainage
Not applicable. The proposed use will not affect existing drainage to the city stormwater collection
system.
14. Loading and unloading areas
Not applicable. The proposed use does not require any specific loading areas.
15. Grading
Not applicable. The application does not include any changes to the site.
16. Signage
Not applicable. Permitted signs exist on the building. Staff advised the applicant of the requirement
of a sign permit with a Certificate of Appropriateness for any signage modifications to the building.
17. Screening
Not applicable. The application does not propose any mechanical equipment modifications. Any
future changes to mechanical equipment and required screening will require a Certificate of
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Appropriateness application. The applicant is advised that all mechanical equipment must be
screen from view from public rights of way.
18. Overlay district provisions
Not applicable. The property is not located in with Conservation Overlay District.
19. Other related matters, including relevant comment from affected parties
Staff did not receive any public comment in regards to this project as of the writing of this report.
Staff will forward any public comment to the City Commission prior to the public hearing.
20. If the development includes multiple lots that are interdependent for circulation or other means
of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the
property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party
so that the sale of individual lots will not cause one or more elements of the development to
become nonconforming.
Not applicable. This is an existing standalone building. The proposal does not change any existing
parking demands, which are satisfied by several means including on-site parking.
21. Compliance with Article 43 of the Bozeman Municipal Code.
Not applicable. Affordable Housing provisions do not apply to commercial uses.
22. Phasing of development
Not applicable.
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Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
A. In addition to the review criteria of Section 38.19.100, the review authority shall, in approving a
conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use,
and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity;
The tenant space at 706 North 7th Avenue is located within Bozeman’s diverse midtown district.
The district contains a diverse range of complimentary uses including restaurant, office, residential,
industrial, and retail. Nearby establishments hold alcoholic beverage licenses including restaurants
with both beer and wine and all-beverage licenses. Recommended Condition 2 requires a copy of
the State Revenue Department domestic distillery license prior to serving.
The site is an existing space within a small 2,089 square-foot building. The proposed area for sales
of alcohol for on-premise consumption is contained entirely within the building. The application
does not propose any outdoor service area. Patrons primarily access the building by foot travel
from the sidewalk adjacent to North 7th Avenue and by vehicle with an on-site parking lot and off-
site parking spots located in close proximity.
Staff finds the site adequate in size and topography to accommodate sales of domestic distillery for
on-premise consumption in the existing building located at 706 North 7th Avenue.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof;
With the Community Development recommended conditions of approval and required code
provisions the application complies with the Unified Development Code. Specifically, Staff included
Condition 4 allowing the City of Bozeman to revoke the right to serve alcohol to patrons based on
substantial complaints from the public or from the Police Department regarding violations of the
City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable
law regarding consumption and/or procession of alcohol. The application highlights specific
measures that the applicant plans to implement to accommodate the use. These measures include
commercial insurance, employee training, State certifications, and monitoring for open container
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violations and intoxication. There is adequate parking, pedestrian access, and solid waste and other
municipal services to accommodate the proposed use.
The proposed use will occur entirely within the existing building. Staff finds the sales of domestic
distillery for on-premise consumption will have no material adverse effects upon abutting
properties.
3. Any additional conditions stated in the approval are deemed necessary to protect the public health,
safety and general welfare. Such conditions may include, but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly and
efficient manner.
Staff identified and recommended project conditions during the review process that are included to
protect the public health, safety, and general welfare. Several of these are standard conditions of
approval that the City has consistently applied to alcohol serving establishments and conditional
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use permits. Staff recommended Condition 3, which requires review and approval of a new
conditional use permit for any license type other than a domestic distillery license. While the
Bozeman Municipal Code does not differentiate between beer, wine, and all-beverage licenses, the
application explicitly proposes on-premise consumption of domestic distillery to closely follow the
business’s operating hours. A change in license type is a material modification. Any changes would
require further assessment of related impacts from a change to all-beverages. Review of a new
conditional use permit application for a different license type will allow for proper public
notification and opportunity for affected parties to offer comment based on a different alcoholic
beverage license type.
Staff finds the proposed conditions of approval are necessary to protect the public health, safety,
and general welfare and to ensure consistency with the application information as presented for
this CUP.
4. In addition to all other conditions, the following general requirements apply to every conditional
use permit granted:
a. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all
general and special conditions imposed by the conditional use permit procedure; and
b. That all of the conditions shall constitute restrictions running with the land use, shall apply and
be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner
of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as
such with the county clerk and recorder's office by the property owner prior to the issuance of
any building permits, final plan approval or commencement of the conditional use.
Staff will work with the applicant and landowner to address the necessary recording of documents
as part of the final processes prior to sales and on-premise consumption of alcohol at 706 North 7th
Avenue. Section 3 of this report cites the specific code provisions related to conditional use permit
approval. The City will provide the document to the landowner to be recorded following approval
by the City Commission.
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SECTION 6 - ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
17555 Shed Distillery CUP-Application Materials
17555 Shed Distillery CUP-Application Plans
17555 Shed Distillery CUP-DRC Memo
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned as B-2M, Community Business District.
The intent of the B-2M district is “to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial uses that
serve both the immediate area and the broader trade area and encourages the integration of multifamily
residential uses as a secondary use.”
Adopted Growth Policy Designation: Activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these categories draw from the
community as a whole for their employee and customer base and are sized accordingly. A broad range of
functions including retail, education, professional and personal services, offices, residences, and general
service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated with
significant transportation corridors, including transit and non-automotive routes, to facilitate efficient
travel opportunities. The density of development is expected to be higher than currently seen in most
commercial areas in Bozeman and should include multi-story buildings. A Floor Area Ratio in excess of .5 is
desired. It is desirable to allow residences on upper floors, in appropriate circumstances. Urban
streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities are
anticipated, appropriately designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall be provided.
High density residential areas are expected in close proximity. Including residential units on sites within this
category, typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve different
purposes. Large Community Commercial Mixed Use areas are significant in size and are activity centers for
an area of several square miles surrounding them. These are intended to service the larger community as
well as adjacent neighborhoods and are typically distributed on a one mile radius. Smaller Community
Commercial areas are usually in the 10- 15 acre size range and are intended to provide primarily local
service to an area of approximately one-half mile radius. These commercial centers support and help give
identity to individual neighborhoods by providing a visible and distinctive focal point. They should typically
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be located on one or two quadrants of intersections of arterials and/or collectors. Although a broad range
of uses may be appropriate in both types of locations the size and scale is to be smaller within the local
service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be
overly dominated by any single land use. Higher intensity employment and residential uses are encouraged
in the core of the area or adjacent to significant streets and intersections. As needed, building height
transitions should be provided to be compatible with adjacent development.”
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APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
On November 28, 2017, the Department of Community Development received an application requesting a
conditional use permit (CUP) for a building tenant space at 706 North 7th Avenue. This application proposes
the addition of sales and on-premise consumption of alcohol, limited to the tasting room area. No outdoor
seating exists. The application explicitly proposes the utilization of a State of Montana domestic distillery
license. Sales of alcohol for on-premise consumption is a conditional use throughout the City of Bozeman.
The application does not propose any changes to the existing serving area or building. No deviations or
variances are requested.
The applicant intends to serve alcohol in the 124-square foot permitted tasting room as shown on the
floor plan in the application materials. The preparation area is in the rear of the building includes a
secure 261-square foot area distillery room visible from the tasting room, a requirement of the State of
Montana. For the City Commission to approve the CUP, Staff recommends that the applicant be required to
submit a copy of the State alcohol license prior to serving. The Fire Department will conduct an inspection
prior to issuance of a City alcohol business license. Staff further recommends that this approval only be
granted for the stated and intended domestic distillery license type and any future change in license will
necessitate review and approval of a new CUP. The recommended conditions of approval address above-
referenced items in this report.
At its January 4, 2017 meeting, the Development Review Committee voted unanimously to recommend
approval of the CUP application with the recommended conditions identified in this report. Staff advised
the applicant of the CUP provisions of the Bozeman Municipal Code, which provide revocability parameters.
If the City Commission approves the CUP, Staff will provide the applicant a copy of the conditions of
approval and CUP code provisions that shall run with the land and must be signed by the landowner and
recorded at the Gallatin County Clerk and Recorder’s Office.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Staff publicly noticed this conditional use permit application pursuant to Section 38.40.030, BMC. On,
January 17, 2018, Staff mailed notice to property owners within 200 feet of the exterior boundaries of the
property. Notice will be published in the Bozeman Daily Chronicle on January 14th and January 21, 2018.
Staff posted notice on-site January 12, 2018, at least 15 and not more than 45 days prior to the expected
decision by the City Commission.
If Staff receives any public comment prior to the public hearing, it will be forwarded to the City
Commission.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
PROPERTY OWNER
Triple 7, LLC
216 McAdow Avenue,
Bozeman, Montana 59715
406-579-2622
justine@mttavern.com
APPLICANT
Aaron Wert
3191 Magenta Road
Bozeman, Montana 59718
406-581-8689
aaron@sheddistillery.com
REPRESENTATIVE
"CMS Construction Management Services
Attn: Doug Morley"
2050 Fairway Drive, PO Box 7274,
Bozeman, Montana 59715
406-581-2814
dougm@cmsco.net
Reviewing Staff:
Planning Courtney Johnson
Engineering Shawn Kohtz
Fire Department Jack Coburn
Building Division Bob Risk
Parks and Recreation Carolyn Poissant
Solid Waste Division Kevin Handelin
FISCAL EFFECTS
Staff did not identify any unusual fiscal effects. This application will not change any presently budgeted
funds.
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CONR
Conceptual Review Application CONR Page 1 of 2 Revision Date 6-16-16
Required Forms: CONR Recommended Forms:
CONCEPTUAL REVIEW APPLICATION
Conceptual Review is an opportunity for an applicant to discuss requirements, standards and procedures that
apply to his or her development proposal. Major problems can be identified and solved during conceptual review
before a formal application is fully developed and submitted. Conceptual review applications are reviewed by the
Development Review Committee and comments are provided in writing to the applicant following the review. The
primary focus of conceptual review is to identify site specific challenges and/or constraints and critical path
elements which will affect the review process or submittal requirements. Conceptual review is required for
developments subject to Section38.19.050 BMC. This process is not for subdivisions or planned unit
developments. Those application types require a separate initial process, see forms PA and PUDC.
1. PROJECT
Development Name:
Project Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Site Address:
Current Zoning:
Proposed Use: Existing Use:
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Conceptual Review Application CONR Page 2 of 2 Revision Date 6-16-16
Required Forms: Recommended Forms:
Total Building Sq. Ft. # of stories:
Located in Floodplain? Lot Size:
APPLICATION SETS
1 total paper set is required that includes 1 copy of every item below bound or folded into 8½ x 11 or 8½ x
14 set.
Plan set that include all the required items listed in the conceptual review checklist below.
Standard application sets
required plan sizes:
1 set that includes a minimum 8 ½ x 11
inch or 11 x 17 inch plans
1-digital version of all materials (JPEG or PDF) on separate CD-ROM or USB drive. Individual files
must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans and sheets must be drawn to scale on paper not smaller than 8½ x 11 inches or larger
than 24 x 36 inches. The name of the project must be shown on the cover sheet of the plans. If 3-
ring binders will be used, they must include a table of contents and tabbed dividers between
sections. Plans that are rolled or not bound into sets will not be accepted.
APPLICATION FEE
Base fee No Fee
CONCEPTUAL REVIEW CHECKLIST
The outcome of the conceptual review process is dependent on the level and quality of information that is
provided for the review. In general, the greater the extent and quality of information that is provided for
review the greater the ability for the City to respond. If requesting specific guidance on issues please
submit a list of questions.
1. Project Narrative providing a thorough description of the overall project including design intent,
project goals, project timeframe, proposed uses, site improvements, buildings and anticipated
parking demand and source of off street parking. If phasing is proposed include a description of each
individual phase as related to the overall improvements.
2. List of questions regarding specific project input, if applicable.
3. Data regarding the existing zoning, site and building conditions, adjacent uses, available utilities and
other related general information about adjacent land uses.
4. Conceptual (sketch) drawings showing the proposed location of buildings, building front entrance
orientations, parking and driveways, adjacent streets and alleys, water/sewer/private utility
locations, stormwater facility locations and other significant features (watercourse, irrigation
facilities, natural features) on and adjacent to the site.
5. If phasing is proposed a phasing plan with phases clearly identified.
6. Building elevations if developed.
7. Landscaping if developed.
8. If existing structures are 50+ years old provide color photos of all sides of the building
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
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CUP
Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 1-05-16
Required Forms: A1, N1, SP and SP1 (if new
construction)
Recommended Forms: Required Forms:
CONDITIONAL USE PERMIT REQUIRED MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14 sets
Complete and signed development review application form A1
Plan sets that include all conditional use permit checklist items below unless otherwise provided in another
application type
Only If new building construction, plan sets that include all required items listed on the site plan checklist
forms SP and SP1
Standard application sets required
plan sizes:
2 sets that include full size 24 x
36 inch plans 1set that include 11 x 17 inch plans
2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files must be
provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36 inches.
The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they
must include a table of contents and tabbed dividers between sections. Plans that are rolled or not bound
into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1and materials
APPLICATION FEE
Base fee $1,508
Additional application fees may apply if new construction. Application types and fees are cumulative.
CONDITIONAL USE PERMIT CHECKLIST
1. Project Narrative providing a thorough description of what uses are being proposed and how they will function
on the site and including detailed responses to the following:
a. Response to the requirement that requires that the site for the proposed use is adequate in size and
topography to accommodate such use, and all yards, spaces walls and fences, parking loading and landscaping
are adequate to property relate such use with the land and uses in the vicinity;
b. Response to the requirement that the proposed use will have not materials adverse effect upon the abutting
property. Persons objecting to the recommendations of review bodies carry the burden of proof; and
c. Response to the requirement of any special conditions of approval necessary to protect the public health,
safety and general welfare
2. Location/vicinity map, including area within one-half mile of the site
3. Site plan with north arrow showing property dimensions, location of buildings, parking, driveways, off street
loading, landscaping, location of utilities, access, pedestrian facilities, and use location. Suggested scale of 1
inch to 20 feet, but not less than 1 inch to 100 feet.
4. Floor plans showing floor layout including square footage and proposed use for each room and area within the
building. Suggested scale of ¼ to one foot.
5. For alcohol production sales and serving and gaming uses the floor plan shall show complete floor layout of
restaurant with production/manufacturing/kitchen uses, gaming area and restaurant serving areas (seating) by
location and square footage
6. Parking calculations for all uses, including detailed calculations of deductions, if proposed
✓
✓
✓
✓
✓
✓
✓
✓
239
Conditional Use Permit Required Materials CUP Page 2 of 2 Revision Date 1-05-16
Required Forms: A1, N1, SP and SP1 (if new
construction)
Recommended Forms: Required Forms:
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
240
construction management services
P.O.Box7274
Bozeman,MT59715 (406)585-0611
QUALITY ASSURANCE DESIGN PROGRAM MANAGEMENT CONSTRUCTION MANAGEMENT
Shed Distillery CUP Project Narrative
Shed Distillery is a small craft distillery being constructed in an existing structure at 607 N 7th Ave. The owner's
intentions for a tasting room, are to provide the public with no more than 2 oz. of locally distilled liquor per person
per day, from the COB and federally approved distillery. Shed distilling will provide the 2oz tasting samples in any
combination of the 4 liquors being processed in 1/2 oz or 1 oz pours in disposable "shot glasses", never to exceed 2
oz per person, per day. There will be no seating, for the public, in the tasting room. Because of the small size and
intentions of the tasting room/ gift shop, it is envisioned that interactions with the public will be of short duration
and with very few people at a time. Shed distilling is not encouraging long stays or the public to "hang out". Instead
we will encourage the public to try our products at other already established local bars. Shed Distilling's intentions
are to offer samples of their products so the public may make a decision based on taste before purchasing them in
our tasting room/ gift shop.
a. The site, facilities and spaces are of adequate size with accessibility both outside and inside to accommodate the
proposed tasting room. A public unisex restroom is provided in the facility. With the exception of a proposed
guardrail on the front porch (See A-202R), all landscaping, parking loading and unloading are existing and are
adequate and relate to the topography, land and uses in the vicinity.
b. The proposed tasting room will not have adverse material effects upon the abutting properties.
c. The owners of Shed Distillery will abide by any requirements of any special conditions of approval necessary to
protect the public health, safety and general welfare.
The memorandum dated October 4, 2017 from Engineering - Griffin Neilson to Andrew Boughan, Development
Review Committee, states:
a. Water and Sewer connections shall be shown on plans- See Plan Sheet A100R- Water & Sewer connections
shown.
b. Required backflow preventer is being installed under the approved project plans. See Plan Sheet P100.
c. Requirement that property owner maintain sidewalks adjacent to property. It is being proposed that the drive
access sidewalk be replaced, by the Shed Distillery owner, in the spring of 2018. See Plan Sheet A100R and detail
No.02529-13
d. Missing drop curb for driveway will be installed in the Spring of 2018. See Plan Sheet A100R and detail
No.02528-1
Item 6. of the Conditional Use Permit Checklist requires Parking Calculations. This property is in Compliance with
Ordinance 1976 (Min & Max) parking on N7th Ave. Urban Renewal (Midtown Revitalization).
The owners are also proposing the installation of an artwork "Antler Tree" on the front porch ( See Plan sheet
A110R, A202R and photo). This will add visual interest to the facility for pedestrians on N. 7th Ave.
Sincerely,
Doug Morley, AIA
dougm@cmsco.net
406-581-2814
2050 Fairway Drive, Suite 210
Bozeman, MT 59771
241
242
SHED DISTILLERY
B-2M
1/2 MILE
RADIUS
244
245
246
East Elevation - Building Back N 7th West Elevation - Building Front
North Elevation - Buildling Left Side South Elevation - Building Right Side
247
248
Property Adjoiners for Shed Distillery 706 N. 7th Ave.
Bridger Commons Condominiums
A MCCRACKEN CLAYTON H III &
BOYD MCCRACKEN JANE
2914 GLENWOOD LN
BILLINGS, MT 59102091
B HESTER JOHN F & LINDA J
103 W PIONEER RD
LONE TREE, IA 52755954
C CADWELL BROOKE
617 N 5TH AVE APT C
BOZEMAN, MT 597152802
D SIVAK MICHELLE
617 N 5TH AVE APT D
BOZEMAN, MT 597152802
E CLARK KELSEY L &
OLIVER ADAM J
617 N 5TH AVE APT E
BOZEMAN, MT 597152802
F CORBIN DIANE M
617 N 5TH AVE APT F
BOZEMAN, MT 597152802
G LAMB BRUCE & CINDY K
315 14TH ST W
HAVRE, MT 595015117
H BRINDLE KRISTINE H
9491 SORREL RD
CASTLE ROCK, CO 801089118
I BURDETTE ERIC W
3010 BECK DR
BOZEMAN, MT 597189731
J HOFFMAN PATRICK JOSEPH &
HOFFMAN CATHY MARIE GARST
2112 BRIDGER DR
BOZEMAN, MT 597152338
249
K MAAR MATTHEW
617 N 5TH AVE APT K
BOZEMAN, MT 59715280
L COSGROVE JOSEPH P & SHANNON M
79 CUB DR
GREAT FALLS, MT 594046425
M OVERLAND LESLIE
625 N 5TH AVE APT M
BOZEMAN, MT 597152804
N JONES PETER
625 N 5TH AVE APT N
BOZEMAN, MT 597152804
O PRIEST MICHAEL A & CATHY L & DAVID V
280 BUCKHORN TRL
BOZEMAN, MT 597187962
P GORDER KRYSTA
625 N 5TH AVE UNIT P
BOZEMAN, MT 597152 BOZEMAN, MT 597152804804
Q CARTER PABLO LLAMBIAS
5514 SE HENDERSON ST
PORTLAND, OR 972068233
R ARMSTRONG DORIS
617 N 5TH AVE APT A
BOZEMAN, MT 59715280
S BEEBE DONALD W
625 N 5TH AVE
BOZEMAN, MT 597152804
T KREZELOK CHAD J
1705 PARK VIEW PL
BOZEMAN, MT 597158378
U APPELWICK CHARLENE K & STEVEN H
4565 BASS LAKE RD
GILBERT, MN 557418003
V SWITZLER JOSEPH A
624 FROGS LEAP LN
GAITHERSBURG, MD 208773342
250
Farr Francis A REV LIV TRDTD 8/12/09
8130 Lupine Ln.
Bozeman, MT59718
2LT LLC
PO Box 1368
Ennis, MT 59729
G&C Land LLC
4320 Mcilhattan Rd.
Bozeman, MT 59715
Haley Enterprises LLC
PO Box 3445
Bozeman, MT 59772
Chaney, Richard D and Jane M
PO Box 962
Livingston, MT 59047
B&C Properties LLC
418 Sir Arthur Drive
Bozeman. MT 59718
251
UP
UP
C/0
UP
REF.
456 SF
S 235 SF
S
W
W
BLDG FOOTPRINT
1093 SF
PATIO
STORAGE
45' - 0"
25' - 7"
38' - 0" 96' - 11"
19' - 0 1/8"
60' - 6"
34' - 1"
Exist. ADA Ramp
Exist. ADA Ramp
HVAC
UNIT
20' - 8"
24' - 0"
120' - 0"
185' - 0"
EXISTING PARKING LOT
0' 4792' - 3"
0' 4794' - 3"
0' - 3"
3' - 9"
4795'
4795'
6' - 0"
NEW 4'X8' SIGN
SEE SIGN
SUBMITTAL
NEW 120V UNDERGROUND
ELECTRIC LINE FROM
BASEMENT PANEL TO SIGN
TASTING ROOM
124 SF
TASTING ROOM
1
REPLACE EXISTING
DETERIORATAED SIDEWALK
TO COB STANDARDS
NO.2529-13
INSTALL DROP
CURB FOR
DRIVEWAY
SEE REVISED COB DETAIL
NO. 2528-1
GUARD RAIL &
ANTLER TREE
THIS LOCATION
5' - 0"
4' - 0"
C/0
UP
REF.
3
A300R
1
A400R
-
-
124 SF
TASTING ROOM
1 119 SF
CLEAN-UP KITCHEN
2
261 SF
DISTILLERY ROOM
3
55 SF
ADA RESTROOM
4
223 SF
OFFICE
5
180 SF
WORK ROOM
6
REPAIR
FLOOR
DN
100 GAL STRIPING
STILL
(6)- 30 AMP HEATING
'ELEMENTS
50 GAL FINISHING STILL
(3)- 30 AMP HEATING ELEMENTS
UPDATE GRAB BAR SYSTEM
W/ MEMBERS PER A000.
VERT. MEMBER ATTACHED
ABOVE AND BELOW WINDOW
OPENING
MODIFY OR REPLACE
SINK PER A000
3' - 10 3/8"
2' - 10 3/16"
NEW DOOR- INFILL 2
OPENING INSTALL NEW
DOOR W/ SMOKE SEAL
AND PEMKO DOOR
BOTTOM SWEEP.
SEE A200 FOR HANDRAIL
DEMO PLAN AND A300 FOR
HANDRAIL MODIFICATIONS
-
---
EXISTING DOOR
TO REMAIN
INSTALL NEW
GUARDRAIL AND
ANTLER TREE @
THIS LOCATION
C/0
REF.
WH
D
C/0
C/0
FD
CUT AND CAP
WATER BELOW
FLOOR
CAP DRAIN
REMOVE SHOWER
STALL
DEM0
WALL
560 SF
DISTILLERY ROOM
1
C/O-1
ACCOMMODATE
FUTURE FLOOR
SINK
FLOOR SINK 1
FLOOR SINK 2
S
S
W
W
S
3" DIA.
3" DIA.
3" DIA.
3" DIA. CAST
IRON DRAIN
EXISTING LAUNDRY
BOX
C/O
2" DIA.
CAP
PROVISIONS FOR
FUTURE FLOOR
SINK
REUSE DEMO'ED
SHOWER PAN FOR
BARREL WASHING
C/O
VENT
VENT
VENT
M
PRV
TO DOMESTIC WATER
EXPANSION
TANK PVR
BACKFLOW
ASSEMBLY
(RP) 3/4"
3/4" WATER
SERVICE
LINE
255
256
DRC Memo
Shed Distillery
Thursday, January 4, 2018
CMS Construction Management Services Attn: Doug Morley
2050 Fairway Drive, PO Box 7274,
Bozeman, Montana 59715
406-581-2814
dougm@cmsco.net
RE: Shed Distillery
Application No: 17555
Application Type: Conditional Use Permit / Modification Plan Amendment
Project Address:
To Whom it May Concern,
Respectfully,
Courtney Johnson, Senior Planner
CC: Triple 7, LLC
216 McAdow Avenue,
Bozeman, Montana 59715
406-579-2622
justine@mttavern.com
706 North 7th Avenue, Bozeman, MT 59718
Thank you for your above reference application, please review the recommended conditions of approval and conditional
use permit provisions. At this time this application will be reviewed by Commission on March 5, 2018, any changes to the
schedule you will be notified. Please be sure to be present for this agenda item, if you are unable to attend please be sure
to send a representative.
If you have any more questions, or if the Community Development Department can be of further assistance, please do not
hesitate to contact me at 406-582-2289 or cejohnson@bozeman.net.
Page 1 of 3
257
DRC Memo
Shed Distillery
Thursday, January 4, 2018
MEMORANDUM
FROM: DEVELOPMENT REVIEW COMMITTEE
RE: Shed Distillery Current Application No: 17555
DATE:
Project Summary:
Full Site Address:
Legal Description:
1.0
2.0
3.0
4.0
5.0
6.0
706 North 7th Avenue, Bozeman, MT 59718
Any expansion of this use or facility is not permitted unless reviewed and approved as required under the
applicable regulations of the Bozeman Municipal Code.
Any modification of the State on-premises distillery, consumption, and/or retail alcohol license(s) requires review
and approval of a new conditional use permit.
The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections
38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police Department
regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other
applicable law regarding consumption and/or procession of alcohol.
The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the
existing water meter installation at the building. If it does not already exist, the applicant must place a backflow
preventer near the water meter to the building to provide protection of the public water supply.
A copy of the State Revenue Department alcohol license for the establishment must be submitted to the
Department Community Development prior to the sale of alcoholic beverages.
Modification Plan Amendment and Conditional Use Permit (CUP) to allow sales of alcohol for on premise consumption
using a domestic distillery license (MT Depart of Revenue License Number: 99-999-3198-050) on a newly licensed
premises located within the B2M (Community Business) zoning district.
Recommendation: Approval with conditions.
Community Development Staff has found that the project with conditions and/or code provisions complies with the
requirements of Chapter 38 of the Bozeman Municipal Code and should not be detrimental to the health, safety and
welfare of the community.
Monday, February 12, 2018
NORTH 7TH ADD, S01, T02 S, R05 E, BLOCK 1, Lot 4A, PLAT E-21-D
RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report. These conditions
are specific to the development.
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the
Bozeman Municipal Code or state law.
CONDITIONAL USE PERMIT PROVISIONS
All references are to the Bozeman Municipal Code.
Page 2 of 3
258
DRC Memo
Shed Distillery
Thursday, January 4, 2018
Planning Division Courtney Johnson cjohnson@bozeman.net 406-582-2289
A.
B. Section 38.19.110.I BMC describes the process for termination/revocation of a conditional use permit approval:
1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory
requirements. Over time these things may change and the use may no longer be appropriate to a location. A
conditional use permit will be considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a period of two
continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.19.120
2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a
new conditional use permit application, or a determination by the planning director that the local circumstances
and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal
by the planning director may not be appealed. If the planning director determines that the conditional use permit
may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with
any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may
revoke the approval through the procedures outlined in section 38.34.160.
Future Impact Fees - Please note that future building permit applications will require payment of the required
transportation, water, sewer and fire impact
Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit procedure. All special conditions and
code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his
successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and
shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the
final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or
assigns.
Note: The comments and advice contained in this D.R.C. memorandum are intended to assist the applicant in
preparing the subdivision preliminary plat application. However, further comments and/or recommendations on
matters not discussed during the informal view may arise based on the information and supplemental data
provided with the formal applications and applicable comments provided by local and state agencies.
Page 3 of 3
259
NEW UTILITY SINK,
DRAIN AND SUPPLY
LOCATE WATER SUPPLY
FAUCET PER OWNER
EXISTING
FLOOR
DRAIN
EXISTING
M
PRV
TO DOMESTIC WATER
NEW
PRV
TO PROCESS EQUIPMENT
NEW TEE EXPANSION
TANK PVR
BACKFLOW
ASSEMBLY
(RP) 3/4"
3/4" WATER
SERVICE
LINE
NEW WATER ENTRY DETAILS
NOTE:
WASTE AND VENT MATERIALS
DRAIN: CAST IRON
VENT: SCH. 40 PVC
NEW BACKFLOW
(RP) 3/4"
STATUS:
JOB NO.:
CHECKED:
DRAWN:
PH. 1-406-585-0611 FAX 1-406-585-2698
BOZEMAN, MT 59715
2050 FAIRWAY DRIVE
MANAGEMENT SERVICES
CONSTRUCTION
11/20/2017 9:17:38 AM
706 N. 7TH AVE. BOZEMAN, MT 59718
11-14-2017
Author
Checker
10-000
REVIEW
P100
SHED DISTILLERY
PLUMBING PLAN
P100 3/8" = 1'-0" RE: 2/ A202R
1 PLUMBING FIRST LEVEL
P100 3/8" = 1'-0" RE: 1/ A300R
2 PLUMBING BASEMENT
P100 12" = 1'-0"
3 PLUMBING DIAGRAM
EXISTING 4"
SEWER SERVICE
CAP SHOWER
DRAIN
NOTE:
ALL PLUMBING WORK SHALL COMPLY WITH THE INTERNATIONAL FIRE CODE 2012
AND INTERNATIONAL BUILDING CODE 2012 FOR THE B AND F-1 OCCUPANCIES IN THIS BUILDING.
REVISION SCHEDULE
NO: DESCRIPTION: DATE: BY:
1 Revision 1 Date 1
254
A202R
2
-
-
FIRST LEVEL
2' - 9"
2x4 TOP AND
BOTTOM RAILS
1/2" CONDUIT 4" O.C.
3' - 5 1/2"
NEW 6X6 WOOD
EXISTING 6X6 WOOD COLUMN (TYP.)
COLUMNS
ALL DECK COMPONENTS TO BE PAINTED TO
MATCH EXISTING RAILS AND COLUMNS
4"
STATUS:
JOB NO.:
CHECKED:
DRAWN:
PH. 1-406-585-0611 FAX 1-406-585-2698
BOZEMAN, MT 59715
2050 FAIRWAY DRIVE
MANAGEMENT SERVICES
CONSTRUCTION
11/20/2017 9:17:30 AM
706 N. 7TH AVE. BOZEMAN, MT 59718
11-14-2017
Author
Checker
10-000
REVIEW
A202R
SHED DISTILLERY
FIRST LEVEL NEW
A202R 1/2" = 1'-0" RE: 2/ A202R
1 FIRST LEVEL NEW
INSTALL NSNOF SIGNS
AT S1 LOCATIONS
S1
S1
S1
S1
S1
S1
REVISION SCHEDULE
NO: DESCRIPTION: DATE: BY:
1 Revision 1 Date 1
INSTALL APPROVED
FIRE EXTINGUISHERS
IN THESE LOCATIONS
MERCHANDISE ROOM
CONVERTED TO
TASTSING ROOM
A202R 1/2" = 1'-0" RE: 1/ A202R
2 Guard Rail Detail
253
8' - 0"
FLUID VIEW 12V
LED STRIP LIGHTS
IN TRACK
4X4 POST
2X4 TOP AND
BOTTOM
4'X8' 1/2" PLYWOOD
BACKER BOARD
SIGN BY SIGNS OF MONTANA
STATUS:
JOB NO.:
CHECKED:
DRAWN:
PH. 1-406-585-0611 FAX 1-406-585-2698
BOZEMAN, MT 59715
2050 FAIRWAY DRIVE
MANAGEMENT SERVICES
CONSTRUCTION
11/20/2017 9:17:19 AM
706 N. 7TH AVE. BOZEMAN, MT 59718
11-14-2017
Author
Checker
10-000
REVIEW
A100R
SHED DISTILLERY
SITE PLAN
A100R 1" = 10'-0" RE: 1/ A300R
1 GRADE
N. 7th AVE.
MIDTOWN TAVERN
AARON'S RENT TO OWN
N
706 N. 7th AVE.
NOTE: ALL ITEMS SHOW IN THE PLAN ARE EXISTING
AND NO CHANGES ARE PROPOSED FOR THIS PROJECT
REVISION SCHEDULE
NO: DESCRIPTION: DATE: BY:
1 Revision 1 Date 1
A100R 3/4" = 1'-0"
2 SHED DISTILLERY SIGN
252
243