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HomeMy WebLinkAbout10-08-18 City Commission Packet Materials - A2. Valhalla Meadery CUP for On-Premises Consumption18332 Staff Report for Valhalla Meadery – CUP Page 1 of 17 Application 18332, Staff Report for Valhalla Meadery - Conditional Use Permit for Alcohol Sales for On-premises Consumption Date: City Commission public hearing October 8, 2018 Project Description: A Conditional Use Permit (CUP) application for sales of alcohol for on-premises consumption in an existing building within the M-1 light manufacturing zoning district. Alcohol will be produced onsite as an Artisan Manufacturing use and food will be served in association with service of alcohol. Project Location: The subject building is addressed at 875 Bridger Drive, Unit B, Bozeman MT, 59715. The property is legally described Naya Nuki Condominium, S31, T01 S, R06 E, Tract W SE4 SE4, Gallatin County, Montana. 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 18332 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Report Date: September 20, 2018 Staff Contact: Melissa Pope, Assistant Planner Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY Unresolved Issues There are no unresolved issues. Project Summary A conditional use permit (CUP) application for sales of alcohol for on-premises consumption in an existing building within the M-1 light manufacturing zoning district. The production of alcohol falls within the Artisan Manufacturing use which is a principal use in the M-1 district. CUP Application 18332 for sale of alcohol for on-premises consumption in Unit B of the “Egbert Commercial Building” that was developed with the approval of Site Plan application 16373, was requested by representative and applicant, Dylan McKenna, 1219 South Tracy Avenue, Bozeman, MT 59715 on behalf of property owner, Shelle Egbert, P.0. Box 4313, Bozeman, MT 59772, pursuant to Chapter 38 - Unified Development Code (UDC) of the Bozeman Municipal Code (BMC). An approved CUP is required for sales of alcohol for on-premises 187 18332 Staff Report for Valhalla Meadery – CUP Page 2 of 17 consumption within the M-1 zoning district. Although food will be served in association with alcohol service the site is not being approved as a restaurant. The property is designated in the community growth policy as Industrial. A detailed project description and background information is included in Appendix B of the staff report. No public comment has been received on the application at the time of the report creation date specified on page one of this report. 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; or 4. Open and continue the public hearing on the application, with specific direction to Staff or the applicant to supply additional information or to address specific items. 188 18332 Staff Report for Valhalla Meadery – CUP Page 3 of 17 TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... 1 Unresolved Issues ............................................................................................................. 1 Project Summary ............................................................................................................... 1 Alternatives ........................................................................................................................ 2 SECTION 1 - MAP SERIES........................................................................................................ 4 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES ............................. 8 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................... 8 SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC ............................... 8 SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS............................ 9 SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS ................................................. 9 SECTION 7 - STAFF ANALYSIS AND FINDINGS .................................................................. 10 Applicable Plan Review Criteria, Section 38.230.100, BMC. ........................................ 10 Applicable Conditional Use Permit Review Criteria, Section 38.230.110, BMC......... 13 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ......................................... 15 APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND ......................... 16 APPENDIX C - NOTICING AND PUBLIC COMMENT ............................................................ 17 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .................................... 17 FISCAL EFFECTS .................................................................................................................... 17 ATTACHMENTS ..................................................................................................................... 17 189 18332 Staff Report for Valhalla Meadery – CUP Page 4 of 17 SECTION 1 - MAP SERIES FIGURE 1 – CURRENT ZONING 190 18332 Staff Report for Valhalla Meadery – CUP Page 5 of 17 FIGURE 2 – COMMUNITY PLAN FUTURE LAND USE 191 18332 Staff Report for Valhalla Meadery – CUP Page 6 of 17 FIGURE 3 – FLOOR PLAN AND AREA OF ALCOHOL SERVICE UNDER REVIEW Project Location 192 18332 Staff Report for Valhalla Meadery – CUP Page 7 of 17 FIGURE 4 – SITE PLAN; UNIT B IS THE SUBJECT OF THIS APPLICATION 193 18332 Staff Report for Valhalla Meadery – CUP Page 8 of 17 SECTION 2 - REQUESTED RELAXATION / DEVIATIONS / VARIANCES No relaxations/deviations or variances have been requested as part of this application. SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. 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, do 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 Montana Department of Revenue domestic winery license for the establishment must be submitted to the Department of Community Development prior to alcohol service. 3. Any modification of the Montana Department of Revenue domestic winery license type requires review and approval of a new conditional use permit. 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. 4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.230.110.I and 38.200.030 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. SECTION 4 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC A. Section 38.230.110.F BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must 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. This is a required final step in the CUP process. The Department of Community Development will provide the applicant with the document to record. B. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: 194 18332 Staff Report for Valhalla Meadery – CUP Page 9 of 17 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 38.230.140. 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 38.200.160. SECTION 5 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS A. Applicants are hereby notified that a City alcohol license must be issued in accordance with the procedures of Article 4.2 of the Bozeman Municipal Code prior to ANY manufacture of sale of alcohol. SECTION 6 - RECOMMENDATION AND FUTURE ACTIONS Project: Valhalla Meadery CUP for Alcohol Sales for On-premises Consumption Application: 18332 The Development Review Committee did not identify any issues with the service of alcohol in this site which was recently reviewed and approved for development. The City Commission will consider the proposal on October 1, 2018. The City Commission public hearing will occur at 121 North Rouse Avenue, Bozeman MT, in the City Commission room at 6:00 p.m. 195 18332 Staff Report for Valhalla Meadery – CUP Page 10 of 17 SECTION 7 - STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, 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 38.230.100, BMC. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. In considering applications for plan approval under this title, the advisory boards and City Commission shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy The property is zoned M-1, Light manufacturing district. “The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary.” The property is located in an Industrial designation according to the adopted growth policy. The production of mead and like beverages falls under the definition of “Artisan Manufacturing” per the Bozeman Municipal Code (BMC), Chapter 38, and is consistent with the growth policy. Retail sales for on-premises consumption of alcohol produced on site within the M-1 zoning district is not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. The proposed application limits the area of the facility being used for alcohol service area to approximately 40% of the total facility, which is within the limitations set forth in BMC Section 38.310.040. The property is within the City’s municipal service area and otherwise complies with the goals and objectives of the growth policy. No conflicts between the proposed use and the growth policy have been identified. For more information on the growth policy designation please see Appendix A. 2. Conformance to this chapter, including the cessation of any current violations The project, if approved, will conform to the Bozeman Municipal Code. There are no known documented violations of the BMC for Unit B on this property. The building has been separated into individual condominium units subject to individual and separate 196 18332 Staff Report for Valhalla Meadery – CUP Page 11 of 17 ownership. The conditional use is limited to just Unit B. Other uses on the site are subject to separate review. 3. Conformance with all other applicable laws, ordinances, and regulations Conformance to City of Bozeman and Montana Department of Revenue laws regarding alcohol service will be ensured through the recommended conditions of approval. A Conditions of Approval document is required to be recorded by the applicants to notify the public and any future property owners of the CUP conditions. A City alcohol license must be obtained before any manufacture or sale of alcohol is allowed. No conflicts to other applicable laws, ordinances or regulations have been identified by staff. 4. Conformance with special review criteria for applicable permit type as specified in article 2 This CUP application request is proposed to occur in one unit of a multi-unit existing building. The building was constructed in accordance with an approved site plan (application 16373) and later approved for a condominium ownership. A Tenant Improvement building permit was previously approved for interior renovations to Unit B of the building, and no exterior changes to the site or building are proposed or required with this application. The total square footage for alcohol service area is approximately 741 square feet within the interior tenant space of Unit B of 875 Bridger Drive. Unit B is approximately 1856 square feet in total. 5. Conformance with the zoning provisions of article 3, including permitted uses, form and intensity standards and requirements, applicable supplemental use criteria, and wireless facilities and/or affordable housing provisions if applicable This CUP application is required to satisfy the use requirements of Section 38.310.040. The size of the proposed alcohol service area is approximately 40% of the Unit area, which clearly falls within the permitted size limitation of a maximum of 50% set forth in the referenced code section. The building was constructed in accordance with an approved site plan (application 16373) which review addressed the form and intensity standards, parking, and other fundamental standards. The application complies with the supplemental criteria for alcohol sales for on-premises consumption as it is not on the same lot or premises where adult business or the sale of auto retail fuel is permitted. 197 18332 Staff Report for Valhalla Meadery – CUP Page 12 of 17 6. Conformance with the community design provisions of article 4, including transportation facilities and access, community design and element provisions, and park and recreational requirements Transportation facilities were reviewed and approved at the time of the site plan application 16373 for “Egbert Commercial Building”. Site design elements comply with our current standards and are not required to be altered with this CUP application. 7. Conformance with the project design provisions of article 5, including compatibility with, and sensitivity to, the immediate environment of the site and adjacent neighborhoods and other approved development; design and arrangement of the elements of the plan; landscaping; open space; lighting, signage; No outdoor service areas are proposed with the CUP application. Adequate landscaping is maintained in accordance with the approved site plan. Parking calculations for the entire building and all tenants were provided with the application. Staff determined that there is adequate parking provided on site. A copy of the approved landscape plan, reviewed under the site plan application 16373, is included in the application materials for reference. 8. Conformance with environmental and open space objectives set forth in articles 4—6, including the enhancement of the natural environment, watercourse and wetland protections and associated wildlife habitats; and if the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area Not applicable. The proposed use will not require building or site modifications. 9. Conformance with the natural resource protection provisions of article 4 and article 6 Not applicable. The proposed use will not require building or site modifications. 10. Other related matters, including relevant comment from affected parties No public comment was received with regard to this project as of the writing of this report. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members. 198 18332 Staff Report for Valhalla Meadery – CUP Page 13 of 17 11. 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: a. 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 b. 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 to this application. 12. Phasing of development Not applicable to this application. Applicable Conditional Use Permit Review Criteria, Section 38.230.110, BMC E. In addition to the review criteria of Section 38.230.100, 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; Staff finds the site adequate to accommodate the use proposed as it will have no impact on the site plan elements previously approved in the associated Site Plan application 16373. No special fencing for enclosure of alcohol service outside of the building is necessary as all service will be within Unit B. 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; Staff finds that the low intensity alcohol sales for on-premises consumption associated with the domestic winery license type will not have any material adverse effect upon the abutting properties with the recommended conditions of approval as identified in Section 3. With the Community Development recommended conditions of approval and required code provisions, the application complies with the Unified Development Code. There are many different types of state alcohol licenses. A conditional use would be required for all of them at this location. Some license types allow much more intensive use with greater likelihood of increased traffic and parking needs, noise, and other 199 18332 Staff Report for Valhalla Meadery – CUP Page 14 of 17 impacts that could negatively impact adjacent residential property. Therefore, the review of this this application is limited only to the impacts anticipated from a domestic winery license. A change in license type may have greater impacts that require additional mitigation. Therefore, Recommended Conditions of Approval in Section 3, condition number 3 limits the scope of approval under this conditional use permit to the specific type of state alcohol license proposed with this application. A change to a different license type requires a new conditional use permit to enable adequate review of potential impacts. There is adequate parking, capacity for trash disposal, and municipal services to serve the proposed use. 3. That 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 finds the proposed use in conformance to these criteria. Although the site is adjacent to residentially zoned property, all service of alcohol will be interior to the building and the total service area is small. The service area is separated from the residential property by approximately 65 feet which includes a landscaped area. Staff 200 18332 Staff Report for Valhalla Meadery – CUP Page 15 of 17 does not find it necessary to impose additional time limitations specific to this particular property. Staff has identified, through the review process, recommended project conditions that are included to protect the public health, safety, and general welfare. Please see the recommended Conditions of Approval and findings within this report. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. 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 2. That all of the conditions constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must 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. The necessary recording of documents must be addressed prior to the service of alcohol. A document to be recorded will be provided by the City following preliminary approval. Code Provision A is cited in Section 4 of this report as relates to Conditional Use Permit approval. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: Light manufacturing district (M-1). The intent of the M-1 light manufacturing district is to provide for the community's needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore, some type of screening may be necessary Adopted Growth Policy Designation: The property is designated as “Industrial” in the Bozeman Community Plan. The Community Plan defines the Industrial designation as: “This classification provides areas for the uses which support an urban environment such as manufacturing, warehousing, and transportation hubs. Development within these areas is intensive and is connected to significant transportation corridors. In order to protect the economic base and necessary services represented by industrial uses, uses which would be detrimentally impacted by industrial activities are discouraged. Although use in these areas is intensive, these areas are part of the larger community and shall meet basic standards for landscaping and other site design issues 201 18332 Staff Report for Valhalla Meadery – CUP Page 16 of 17 and be integrated with the larger community. In some circumstances, uses other than those typically considered industrial have been historically present in areas which were given an industrial designation in this growth policy. Careful consideration must be given to public policies to allow these mixed uses to coexist in harmony.” This Conditional Use Permit meets the considerations of the growth policy designation as a non-traditional industrial use and it is a compatible use within the Bozeman Municipal Code. The artisan manufacturing aspect of 875 Bridger Drive, Unit B comprises approximately 60% of the unit area, while the Conditional Use of alcohol sales for on-premises consumption is approximately 40% of the facility. Adequate parking and vehicular access from Bridger Drive is provided to the site. APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description: The construction of 875 Bridger Drive, or site plan application 16-373 known as the “Egbert Commercial Building” was completed and occupancy was granted late in 2017. The building consists of 10 units that are part of the Naya Nuki Condominium Association. The Conditional Use Permit under review is for Unit B within the development. The Unit B tenant space is approximately 1858 square feet and the Conditional Use Permit under review proposes that 741 square feet of the space be used for alcohol serving area. The sale of alcohol for on-premise consumption is a conditional use in the M-1 zoning district. The applicant intends to serve alcohol between the hours of 10:00 and 22:00, Tuesday to Sunday; however they may modify hours of operation after they have a better understanding of customer demand and what times of day are busiest. For the City Commission to approve the CUP, Staff recommends that the applicant be required to submit a copy of the Montana Department of Revenue domestic winery license and the City of Bozeman license to the Planning Division prior to serving. Staff further recommends that this approval only be granted for the stated and intended license type and any future change in license will necessitate review and approval of a new CUP. The recommended conditions of approval address the above-referenced items in this report. Through the issuance of the staff report, staff has advised the applicants 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 202 18332 Staff Report for Valhalla Meadery – CUP Page 17 of 17 be signed by the landowner and recorded at the Gallatin County Clerk and Recorder’s Office prior to serving of alcohol within the tenant space. The applications were noticed pursuant to Section 38.220.420, BMC. No deviations or variances are requested. APPENDIX C - NOTICING AND PUBLIC COMMENT Noticing was provided pursuant to Section 38.220.420, BMC. Notice was sent to property owners within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and not more than 45 days prior to the expected decision by the City Commission. Notice was published in the Bozeman Daily Chronicle on Sunday September 23 and 30, 2018 in the legal ads of the newspaper. Notice was posted on site on or before September 17, 2018. No public comment has been received for this application at the time of the creation date of this staff report. If public comment is received prior to the City Commission public hearing, it will be forwarded to the City Commission members. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Representative/Applicant: Dylan McKenna, 1219 South Tracy Avenue, Bozeman, MT 59715 Property Owner: Shelle Egbert, P.0. Box 4313, Bozeman, MT 59772, Report By: Melissa Pope, Assistant Planner; Department of Community Development FISCAL EFFECTS No unusual fiscal effects have been identified. ATTACHMENTS Application Materials. The full application and file of record can be viewed at the Community Development Department at 20 East Olive Street, Bozeman, MT 59715. 203 nBozrm^nN" Community Development A1 DEVELOPMENT REVIEW APPLICATION 1. PROJECT Development Name: D es criptio n: 2. PROPERTY OWNER Name: Full Address: Phone: Email: ttt /3t - 53 f -7at ,44r- 3. APPLICANT Name: Full Address: Phone: Email: €€Pirr- € yr ', (CIr* 4. REPRESENTATIVE Name: Full Address: Phone: Email: 5, PROPERTY Full Street Ad dress: Full Legal Description: Cu rrent Zoning: Current Use: Community Plan Designation: Development Review Application A1 Page 1 of 3 Revision Date 01-04-16 Required Forms: I Varies by proiect type Recommended Forms:Presentation of submitted plans and specifications 204 Overlay District: Urban Renewal D istri ct: 6. STATISTICS Gross Area: Net Area: Dwelling U n its: Nonresidential Gross Building Square Feet: ! ttelgt Uorhood Conservation tr l-l Downtown (oNLY APPLTCATTON Acre s: I North 7th Avenue Entryway Corridor ! Northeast I None ! ruon. TYPES 2-72, 17,24 AND 26) Square Feet: Ac re s:Square Feet: 7. APPLICATION TYPES Check all that apply, use noted forms. ! l. Pre-application Consultation E 2. Master Site Plan I 3. site Plan E +. subaivision pre-application E S. SuUaivision preliminary plat ! o. subdlvision final plat E z. subdivision exemption E B, Condominium Review E e. PUn concept plan E f o. Puo preliminary plan ! rr. luo final pian f] 12. Annexation and Initial Zoning ! f 3. administrative lnterpretation Appeal E t+. admlnistrative Project Decision Appeal E 15. Commercial Nonresidential COA fl1 6. Historic Neighborhood Conservation Overlay C0A Informal Review Zoning Deviation Zoning or Subdivision Varian ce Conditional Use Permit Special Temporary Use Permit Comprehensive Sign Plan Regulated Activities in Wetlan d s Zone Map Amendment (non ZMA Ann exatr o nJ Form None Ztz. MsP E re.sP I rs. Form INF None z/svAR CUP STUP csP RW PA PP FP SE Ezo. Azt. Zzz. Zzs. cR az+. PUDC E ZS. PUDP JZO, PUDFP aZt. ANNX AIA APA CCOA NCOA UDC Text Amendment Growth Policy Amendment Modification/Plan Amendment ZTA GPA MOD ! 28, Extension of Approved PIan ExT E 29. Reasonable Accommodation RA E 30. othen 8. APPLICATION FEES AND MATERIALS A. Fees are to be provided based upon the adopted fee schedule FS. estimate. Contact our office for an Development Review Application A1 Page 2 of 3 Revision Date 01-04-16 Required Forms: I Varies by proiect type Recommended Forms Presentation of submitted plans and specifications \ 205 B. Application materials shall be submitted for each application as shown in the specific guidance and checklists that is provided for each application type. A common development review application form and common notice materials may be provided for an application that includes more than one application type. All other application materials shall be submitted for each individual application type per the project guidance and checklists. 9. CERTIFICATIONS AND SIGNATURES This application mustbe signed by both the applicantlsJ and the property owner(sJ (if differentJ for all application types before the submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicantfs) only. As indicated by the signature[s) be]ow, the applicant(sJ and property owner[s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representative's access to the subject site during the course of the review process [section 38.34.050, BMC). I [We) hereby certify thatthe above information is true and correct to the best of my [our) knowledge. Certification of Completion and Compliance - I understand that conditions of approval may be applied to the application and that I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with municipal code provisions. Statement of Intent to Construct According to the Final Plan - I acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. Appli cant Signature: Printed Name: Owner Signatu re: Printed Name: Owner S rgn atur e Printed Name: If signing as a corporation, please provide the title corporation. Attach separate sheets for additional and position of the individual signing on behalf of the owner signatures. CONTACT US Alfred M. Stiff Professional 20 East Olive Street 59715 PO Box 1230 Bozeman, MT 59777 Building (FED EX and UPS Only) phone 406-582-2260 fax 4.06-582-2263 planning@bo zeman, net www.bozeman.net Development Review Application A1 Page 3 of 3 Revision Date 01-04-16 Required Forms: I Varies by proiect type Recommended Forms Presentation of submitted plans and specifications 206 July 17, 2018 Project Vicinity Map Contact Info Dylan McKenna (406)600-8833 Valhalla.bozeman@gmail.com Description 5 Parking Calculations 6 Conceptual Review Waiver 7 Water Rights Impact Statement 8 Floorplan 9 Landscaping Plan 10 Architectural Site Plan Application Contents Page # Cover Sheet 2 A1 Development Review Application 3 N1 Noticing Materials 4 CUP Project Narrative 1 CUP Checklist Valhalla Meadery Conditional Use Permit Application 207 CUP Conditional Use Permit Required Materials CUP Page 1 of 2 Revision Date 11-16-17 Required Forms: A1, N1, SP and SP1 (if new construction) Other Requirement Forms: PLS 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 N1 and materials APPLICATION FEE Base fee $1,555 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 no material 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 . 208 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 209 BOZEMAN*, ert f i i i-'r u lr rt,y i)evt, ir r :i ol i N1 NOTICING MATERIALS Notice is required for certain projects in order for citizens to participate in decision making which affectstheir interests and provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision maker. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. tr tr tr Stamped, unsealed, plain fno return address] #10 envelopes preaddressed addresses ofthe adjoining property owners. MAIOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT CONTIGUOUS, Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses ofthe adjoining property owners, Legible list of full names and addresses of all property owners physically contiguous [touchinga boundary] including recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list CONTIGUOUS. Stamped, unsealed, plain (no return addressJ #10 envelopes preaddressed with the names and addresses ofthe physically contiguous property owners including recorded purchasers under contract for deed. Two sets additional mailing labels with the names and addresses of the physically contiguous contract for deed attached,property owners including recorded purchasers under NOTICE can be found at the Gallatin County Clerk and Recorder's Office in . West Main Street Bozeman, Montana. with the names and tr tr Current property owners of record the Gallatin County Courthouse 31"1" I VV', '-- ,-T;! / yl^q fltJkn-q-A:------, hereby certiry that, ro the best of my knowledge, the+------* attachdd name and address list of all adjoining'avy::ytwyytbzL:_::ri?r'tirir"tyytbzL:_::Ii?r'tili;within 200 feet of the property located at ___ CERTIFICATION County tax records. I further understand that anand accurate list from the last declared Gallatin inaccurate list may delay review of the project. CONTACT US Alfred M. Stiff Professional 20 East 0live Street 59715 PO Box 1230 Bozeman, MT 59777 Building IFED EX and UPS OnlyJ phone 405-582-2260 fax 406-582-2263 pl a nn in g @b o ze ma n. net www.bozeman.net Noticing Materials Page 1 of 1 Revision Date 1-05-16 Required Forms: I N1 Recommended Forms:Required Forms: -" tr tr n n 210 Noticing Materials List All property owners within 200 feet of the Egbert Commercial Building Golf Course Partners Inc. PO Box 3229 Bozeman, MT 59772 Matzinger Electric Inc. 907 Bridger Drive Bozeman, MT 59715 SEOB LLC 851 Bridger Drive Site B Bozeman, MT 59715 The City of Bozeman PO Box 1230 Bozeman, MT 59771 Meadowlark Rentals LLC PO Box 4313 Bozeman, MT 59772 The Trust for Public Land 901 5th Ave. STE 1520 Seattle, WA 98164 Patrick S. Pierzina 917 Bridger Drive Bozeman, MT 59715 John C. Sperry 2411 Par Ct. Apt. B Bozeman, MT 59715 Jason Paul Nagel 3014 Prairie Smoke Road Bozeman, MT 59715 Michelle Johnson Bradner 2407 Par Ct. Apt. C Bozeman, MT 59715 211 John S. Councilman 2591 Kid Curry Drive Bozeman, MT 59718 Michael R. Kehoe 2407 Par Ct. Apt. A Bozeman, MT 59715 212 Cup Narrative: Valhalla Meadery 875 Bridger Drive Bozeman, Montana The intent of our project is to create a commercial winery in the newly constructed Egbert Building on Bridger Drive. We intend to operate this winery in a similar fashion to other breweries in the Bozeman area. We plan to have an on-site testing room where customers can drink the mead and cider that we brew in the building as well as eat food that we cook in a commercial kitchen on site. The permit number for the Egbert Building is 16373. The permit number for the Valhalla Meadery tenant improvement is 26514. The kitchen that we install will be reviewed by the Gallatin County Health Department. A winery license which shall be granted by the State of Montana will allow us to produce alcoholic beverages and serve them on site. We anticipate that Valhalla Meadery will be open from 10 am to 10 pm Tuesday through Sunday. However we may modify our hours of operation after once we have a better understanding of customer demand and what times of day are busiest. 1a. The Egbert building is adequate in size and topography for this use. No re- development of existing site features or the building’s footprint will be required. The existing landscaping and parking will prove adequate for this purpose. 1b. This proposed use will have no material adverse impact upon any abutting property. We have enough sound insulation that other tenants within the Egbert building will not be affected by our noise output, and we will not be loud enough to affect any other nearby properties. The parking present on site at the Egbert building is more than adequate to cover all municipal code parking requirements for our unit as well as all other units in the building. The trash services at the location will cover our needs in addition to all other tenants of the building. We intend to comply with the Master Sign Plan that has been approved by the city. 1c. There are no special conditions of approval required to protect the public health, safety, and general welfare beyond what is required by the code. We intend to fully comply with all state and local requirements. 213 875 Bridger Parking SummaryUnituse classcompany Table Use (per sf factor) SF Summary Parking per UDCA B / office Haven Interior Design office (250) 20807.1B B / Brew and tasting room2 employees per shift 1.0serving (50) 74112.600.0C B / retail and office Trim and Taylor office (250) 5341.8retail (300) 7542.1warehouse (1000) 4600.4D B / office and Shop ST Custom Homes office (250) 8452.9warehouse (1000) 9600.8E B / office and Shop office (250) 15105.1warehouse (1000) 11261.0F B / office Plum Design Lab office (250) 8843.0G B / medical office (250) 8542.9HI Salon office (250) 2040.6retail and service (300) 10052.8J B / medical med 23311 doctor 4.05.053.13total 537adjusted - rounding downParking Per Plan A0.0 (Approved 11/29/2016) 53 Spaces Requred| 60 Stalls Provided. (Per Aproved Plans)Valhalla MeaderyManufacturing (1 per 2 empl. Max work shift)Kitchen (0 per udc)Egbert Plumbing DivStorkvision / Sound DiagnosticstbdEnso Natural Medicine5.25 eq full time empl(remaining from total for remaing tenants)LEASE PARKING AREAS LANGUAGE:The Common EIements include parking areas for automobiles of Unit Owners and their designees. These areas will be laid out by the declarant and may be assigned to particular units, and such assignment may be changed from time to time by declarant and/or th e association. Those spaces not assigned to particular nits will be for the use and benefit of all Unit Owners and their tenants and invitees. Assigned parking spaces shall be allocated based on unit ownerhsip percentage or other equitable basis.214 Conceptual Review Waiver 215 Valhalla Meadery CUP impact on water rights Email Message from Brian Heaston, floodplain administrator, on 7/2/18 Cash in lieu of water rights is required if the anticipated water demand upon redevelopment is at least one acre foot more than the water use prior to redevelopment. This 1 AF threshold is not expected to be exceeded by the redevelopment and addition of on-premise alcohol consumption. No cash in lieu of water rights is required. Sincerely, Brian Heaston 216 217 218 TREESSHRUBSSYMB.BOTANICAL NAMESIZE TYPE SPACING #COMMON NAMEPLANT SCHEDULESORBUS DECORA *** MULTI STEMSHOWY MOUNTAIN ASH M/S2.5" CAL B & B PER PLAN4ACER PALMATUM ***HELENA NORWAY MAPLE 2.5" CAL B & BPER PLAN 9PRUNUS USSIRIENSIS 'BAILHALO' ***MOUNTAIN FROST PEAR 2" CAL B & B PER PLAN 3ARCTOSTAPHYLOS UVA URSI ***KINNICKINICK 1 GAL POT PER PLAN18PERENNIALS & GRASSESCALAMAGROSTIS x ACUTIFLORA ***KARL FOERESTER 1 GAL POTPER PLAN 50BETULA PLATYPHYLLA 'FARGO' ***DAKOTA PINNACLE BIRCH2" CALB & BPER PLAN 2AUSTRIAN PINE ***PINUS NIGRA8'B & B PER PLAN4CRATAEGUS AMBIGUA ***RUSSIAN HAWTHORN 2.5" CAL B & BPER PLAN 4AMELANCHIER X ALNIFOLIAAUTUMN BRILLIANCE SERVICBERRY8'B & BPER PLAN5PRUNUS MACKII MULTI STEMAMUR CHOKECHERRY2.5" CALB & BPER PLAN 1SPIREA BETULIFOLIA 'TOR' ***BIRCHLEAF SPIREA 5 GAL POT PER PLAN 24CORNUS SERICEARED TWIG DOGWOOD5 GALPOTPER PLAN8DESCHAMPSIA CESPITOSA ***TUFTED HAIRGRASS 1 GAL POTPER PLAN18HELICOTRICHON SEMPERVIRENS ***BLUE OAT GRASS1 GALPOTPER PLAN16NEPETA RACEMOSA ***WALKERS LOW CATMINT 1 GAL POT PER PLAN16SALIX AMYGDALOIDESPEACHLEAF WILLOW 10 GAL POT PER PLAN 2PRUNUS BESSEYI 'PAWNEE BUTTES' ***PAWNEE BUTTES SANDCHERRY 5 GAL POT PER PLAN12OTHERMONTANA MOSSROCK LANDSCAPE BOULDER, Min3' DIAMETERARONIA MELANOCARPA 'AUTUMN MAGIC'AUTUMN MAGIC CHOKEBERRY5 GAL POT PER PLAN 49PINUS MUGO 'SLOWMOUND' ***SLOWMOUND MUGO PINE 5 GAL POT PER PLAN 6*** DROUGHT TOLERANT SPECIESMATUREHEIGHT20'40'-60'30'6"2'25'-30'60'15'-25'8'-12'15'-25'2'-3'4'-6'2'3'2'15'-25'1'3'-6'2'-3'MATURESPREAD15'20'-40'20'2'-3'3'-5'10'-15'40'15'-20'10'-15'15'-25'2'-3'8'-10'2'-3'2'-3'2'-3'15'-20'3'-4'4'-7'2'-3'SORHELBAIWESRUSAMUPEAECHINACEA 'WHITE SWAN' ***WHITE SWAN ECHINACEA4"POTPER PLAN82' 2'-3'SCHYZACHARIUM SCOPARIUM ***LITTLE BLUESTEM1 GALPOTPER PLAN 34 1' 2'-3'KENTUCKY BLUEGRASS FESCUE BLEND SODCIRCLE S NATIVE SEED CO. 'NATIVE MIX'(SEED RATE: 12 lbs / 1,000 sgft)PER PLAN2,863 sqftMINI NUGGET BARK MULCHPER PLAN11,400 sqft3" DEPTH1,900 sqftROCK BARK MULCH1-1/2" MINUS WASHED LANDSCAPE ROCK3" DEPTH 96 sqft3" DEPTH1,595 sqftROLL3PER PLAN+9UP1382 SFUNIT B746 SFUNIT D1078 SFUNIT E1369 SFUNIT A1382 SFUNIT C830 SFUNIT F826 SFUNIT G1166 SFUNIT H1146 SFUNIT I1124 SFUNIT JUP1382 SFUNIT B746 SFUNIT D1078 SFUNIT E1369 SFUNIT A1382 SFUNIT C830 SFUNIT F826 SFUNIT G1166 SFUNIT H1146 SFUNIT I1124 SFUNIT JHELHELHELHELHELHELHELHELHELAMUBAIBAIBAIRUSRUSRUSPEAPEASORSORSORSORWESENHANCED PARKINGLARGE CANOPY TREESVISION TRIANGLEPLT TREE 1164 sqft PARKINGLOTLANDSCAPINGSTREET TREE 1STREET TREE 2STREET TREE 3STREET TREE 4PLT TREE 2227 sqft PARKINGLOT LANDSCAPINGPLT TREE 3PLT TREE 5 (3 SMALLORNAMENTAL)349 sqft PARKINGLOT LANDSCAPINGPLT TREE 6133 sqft PARKINGLOT LANDSCAPINGPLT TREE 7133 sqft PARKINGLOT LANDSCAPINGREQUIRED PARKINGLOT SCREENING FORRESIDENTIALADJACENCYDETENTION PONDENHANCEMENTPLANTINGSPLT TREE 4SOUTH YARDLANDSCAPE TREES (4LARGE NON-CANOPY)ENHANCEDPARKINGORNAMANTAL(1-3)DETENTION PONDENHANCEMENTPLANTINGSENHANCEDPARKING SHRUBSENHANCEDPARKING SHRUBSENHANCED PARKING(CANOPY)1,077 sqftSNOWSTORAGENATIVE SEEDINGWESBRIDGER DRIVEVISION TRIANGLE923 sqftSNOWSTORAGENATIVE SEEDING18/17DEMO EXISTINGCURB210/25NEWASPHALTEXISTINGASPHALTMINI NUGGETBARK MULCH(TYP)SOUTH YARD1 SMALLORNAMENTALSOUTH YARD1 SMALLORNAMENTALENHANCEDPARKING SHRUBS169 sqft PARKINGLOT LANDSCAPINGENHANCEDPARKING SHRUBS199 sqft PARKINGLOT LANDSCAPINGROCK BARK MULCHIN TREE WELLS(TYP)CONNECT TOEXISTINGSIDEWALKENHANCEDPARKING TREESEXISTINGTREES TOREMAINENHANCEDPARKING TREESOUTH YARDEVGN SHRUBROCK BARK MULCHIN TREE WELLS(TYP)BIKE RACKSEE DETAIL, 10/L502BIKE RACK,SEE DETAIL, 10/L502PROPOSEDBENCHES,SEE L501PIPESTONEBOULDERS (TYP)MINI NUGGETBARK MULCH(TYP)1-1/2" MINUS LANDSCAPEROCK IN ALL PARKINGLOT ISLANDS(TYP)SCORED ANDSTAINED CONCRETEPER PLANENHANCEDPARKING TREEHVAC UNITSON 5'X16'CONCRETE PADDSDSDSNEWASPHALTEXISTINGASPHALT210/25ADDITIONAL PARKING LOTSCREENING210/25RUS*** SEE CIVIL SHEETS FOR ALL SITE GRADING2010040N1L1001"=20'-0"Landscape Site PlanLandscapePlanL 101design5la.com406.587.4873dateissuedrawn by: checked by: filename:z:\clients\egbert electric\autocad\01_sheets\l101_egbert_landscape.dwgEGBERT ELECTRICBOZEMAN, MONTANAKHMTMSPrelim Review07/19/16REV 108/18/16REV 211/07/16219