Loading...
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. 213 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 2 of 21 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 .................................................................... 20 214 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 3 of 21 Section 1 – Map Series (Zoning) 215 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 4 of 21 Section 1 – Map Series (Land Use) 216 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 5 of 21 Section 1 – Map Series (Growth Plan) 217 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 6 of 21 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 218 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 7 of 21 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. 219 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 8 of 21 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. 220 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 9 of 21 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. 221 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 10 of 21 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. 222 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 11 of 21 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 223 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 12 of 21 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. 224 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 13 of 21 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 225 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 14 of 21 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 226 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 15 of 21 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. 227 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 16 of 21 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 228 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 17 of 21 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 229 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 18 of 21 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.” 230 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 19 of 21 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. 231 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 20 of 21 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. 232 Commission Staff Report Shed Distillery CUP Application: 17555 February 22, 2018 Page 21 of 21 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. 233 234 235 236 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: 237 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 238 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