HomeMy WebLinkAboutMap Brewing Company Conditional Use permit
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Wendy Thomas, Director of Community Development
SUBJECT: Map Brewing Company CUP #Z-13037 - A Conditional Use Permit to allow the construction of a commercial brewery and attached tasting room and related site improvements on a piece of vacant property located south of the East Gallatin Recreation Area between Manley Road and the East Gallatin
Recreation Area pond.
MEETING DATE: April 22, 2013
AGENDA ITEM TYPE: Action - Quasi Judicial
RECOMMENDATION: That the City Commission approves Conditional Use Permit #Z-13037
to allow the construction of a commercial brewery and attached tasting room and related site
improvements on a piece of vacant property located south of the East Gallatin Recreation Area
between Manley Road and the East Gallatin Recreation Area pond (which property is addressed as 510 Manley Road).
RECOMMENDED MOTION: “Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application #Z-13037 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions.” BACKGROUND: This Conditional Use Permit (CUP) application involves a request to
construct and operate a commercial brewery and attached tasting room and related site
improvements on a piece of vacant property located south of the East Gallatin Recreation Area
on Manley Road. This use is allowed in the M-1 (Light Manufacturing) zoning district with approval of a CUP by the City Commission (per the 2012 amendment to the Bozeman Municipal Code) as “Retail sales for on-premise consumption of alcohol produced on site, not to exceed
10,000 square feet or 50 percent of the facility, whichever is less.” The applicants propose an
approximately 9,l38 square foot facility with a 3,540 square foot (including outdoor patio)
tasting room area for retail sales. The owner initially completed an informal review application through the Development Review
Committee (DRC) for their project in 2011 for another location at the corner of Bridger Canyon
Drive and Story Mill Road. For a number of reasons, that location was not chosen and this
subsequent location was chosen for the project. The odd shape and topography of this vacant industrial property presented a number of challenges for the owner and their architectural and civil engineering design team. However, after completing an informal review of the project with
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the DRC, they have designed a project that works for the site and, with the recommended
conditions of approval, can meet the City’s development standards. The project has also been
designed to achieve integration between the commercial needs of the operation and the
recreational uses of the adjacent East Gallatin Recreation Area.
The adjacent East Gallatin Recreation Area is under the ownership of the State of Montana
Department of Fish, Wildlife and Parks (FWP). As noted in the FWP comments attached at the
end of the staff report, this project has been reviewed by that agency and no major issues were
identified. Several of the recommended conditions of approval included in the staff report address permitting or approval requirements from that agency in terms of stormwater discharge,
construction easements and trail connections and the applicant is working with FWP in those
regards.
On April 3, 2013 the DRC recommended conditional approval of this CUP application and their recommended conditions and comments are included in the attached staff report.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES: 1. Approve the application with the recommended staff conditions;
2. Approve the application with modifications to the recommended staff 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. 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.
FISCAL EFFECTS: Approving the application will allow the development of a vacant
industrially zoned property which will increase tax values and corresponding revenue from the property.
Attachments: Staff Report, Review Comments from Montana Fish, Wildlife and Parks, Applicant’s submittal materials
Report compiled on: April 11, 2013
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#Z-13037 Map Brewing Company CUP Staff Report 1
City Commission Staff Report for the Map Brewing Company CUP File #Z-13037
Item: A Conditional Use Permit to allow the construction of a commercial brewery and attached tasting room and related site improvements on a piece of vacant property located south of the
East Gallatin Recreation Area between Manley Road and the East Gallatin Recreation Area Pond
(which property is addressed as 510 Manley Road).
Owner: Map Brewing Co. 5263 Hamm Road
Belgrade, MT 59714
Applicant/Representative: Legends Studio, Inc. (Kira Ogle) 3805 Valley Commons Drive, Suite 11 Bozeman, MT 59718
Date: City Commission Meeting, April 22, 2013 at 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana Report By: Doug Riley, Associate Planner
Recommendation: Conditional Approval
______________________________________________________________________________
Project Location
The subject property is located south of the East Gallatin Recreation Area between Manley Road and the
East Gallatin Recreation Area Pond (which property is addressed as 510 Manley Road). The property is legally described as Lot 1B, Minor Subdivision 154A, SW ¼, Sec. 31, T. 1 S., R.6.E of PMM, City of
Bozeman, Gallatin County, Montana. The zoning designation for said property is M-1 (Light
Manufacturing District). Please refer to the vicinity map below.
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#Z-13037 Map Brewing Company CUP Staff Report 2
Proposal/Background
This Conditional Use Permit (CUP) application involves a request to construct and operate a commercial
brewery and attached tasting room and related site improvements on a piece of vacant property located
south of the East Gallatin Recreation Area on Manley Road. This use is allowed in the M-1 (Light
Manufacturing) zoning district with approval of a CUP by the City Commission (per the 2012
amendment to the Bozeman Municipal Code) as “Retail sales for on-premise consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less.” The
applicants propose an approximately 9,l38 square foot facility with a 3,540 square foot (including
outdoor patio) tasting room area for retail sales.
The owner initially completed an informal review application through the Development Review Committee (DRC) for their project in 2011 for another location at the corner of Bridger Canyon Drive
and Story Mill Road. For a number of reasons, that location was not chosen and this subsequent location
was chosen for the project. The odd shape and topography of this vacant industrial property presented a
number of challenges for the owner and their architectural and civil engineering design team. However,
after completing an informal review of the project with the DRC, they have designed a project that works for the site and, with the recommended conditions of approval, can meet the City’s development
standards. The project has also been designed to achieve integration between the commercial needs of
the operation and the recreational uses of the adjacent East Gallatin Recreation Area.
The adjacent East Gallatin Recreation Area is under the ownership of the State of Montana Department of Fish, Wildlife and Parks (FWP). As noted later in this report and in the attached FWP comments, this
project has been reviewed by that agency and no major issues were identified. Several of the
recommended conditions of approval as included in this report address permitting or approval
requirements from that agency in terms of stormwater discharge, construction easements and trail
connections and the applicant is working with FWP in those regards.
On April 3, 2013 the DRC recommended conditional approval of this CUP application and their
recommended conditions and comments are included in this report.
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#Z-13037 Map Brewing Company CUP Staff Report 3
Recommended Conditions of Approval
Based on the subsequent analysis, the DRC and Staff find that the application, with conditions and code
provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Code. The following conditions of approval are recommended.
Recommended Planning Department Conditions:
1. The trail connections from this site to the trail on the adjoining East Gallatin Recreation Area property shall be as shown on the revised drawing dated 3-19-13 or alternate locations approved
by the City and Montana Department of Fish, Wildlife and Parks.
2. The 3 required handicapped parking spaces shall be relocated and grouped within the site to
create separation from the drive accesses off from Manley Road to improve the loading/unloading provisions from these spaces.
3. The compact parking spaces shall be clearly identified with a sign permanently affixed
immediately in front of each space containing the notation “Compacts Only” under the
requirements of Table 38.25.020. This signage shall be noted on the final site plan.
4. The 2 storm water detention features shall be designed and constructed as landscape amenities
under the requirements of Section 38.23.080.H. A cross section and landscape detail of these
facilities shall be submitted with the final site and landscaping plan for review and approval as
part of the final site plan package.
5. Alcohol shall only be served within the serving spaces of the building and outdoor patio as
shown on the submitted floor plans in this application. Alcohol shall not be served on the
surrounding areas outside of the building or outdoor patio.
6. A copy of the appropriate approved State Revenue Department liquor/alcohol license for this
location that shows the approved serving areas proposed with this application shall be submitted
to the Department of Community Development prior to the sale of alcoholic beverages.
7. The right to serve alcohol to patrons is revocable according to the provisions in BMC 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 possession of
alcohol.
8. 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.
9. Upon submitting the final site plan application for approval by the Director of Community
Development, and prior to issuance of a building permit, the applicant shall submit a written narrative outlining how each of the above conditions of approval and cited code provisions have
been satisfied.
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Recommended Engineering Department Conditions:
10. Unless otherwise filed with property, the Applicant shall provide and file with the County Clerk
& Recorder executed Waivers of Right to Protest Creation of SIDs for the following:
a) Street Improvements, including but not limited to paving, curb/gutter, sidewalk and
storm drainage facilities for Manley Road.
b) Intersection improvements to the intersection of Manley Road and Griffin Drive.
The documents filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
11. Water rights, or cash in lieu thereof, shall be provided prior to final site plan approval in
accordance with Sec. 38.23.180 BMC.
12. Information required in Sec. 38.24.090.H.3 BMC shall be provided in its entirety prior to final site plan approval to support modification of site access standards listed in Table 38.24.090-3
BMC.
13. Stormwater from the developed site designed to discharge onto the neighboring East Gallatin
Recreation Area shall be permitted by the State of Montana. The permit shall be executed by a duly authorized official of the State of Montana prior to final site plan approval. Alternatively,
stormwater retention may be designed to keep stormwater on-site without discharging across the
EGRA, in which case a permit is not required from the State.
14. The East Gallatin Recreation Area trail shall be contained within a public access easement where it encroaches upon the site. The easement shall be acceptable in form and content to the City and
FWP and executed by the property owner(s) prior to Final Site Plan approval.
15. A construction encroachment and mitigation plan shall be prepared that identifies construction-
related activities proposed to occur on the neighboring East Gallatin Recreation Area property and that establishes mitigation measures to reclaim and/or repair impacts to existing landscaping,
trails, fences, and other applicable features. Documentation that the encroachment and
mitigation plan is acceptable from a duly authorized official of the State of Montana shall be
provided prior to final site plan approval.
16. A signed/striped mid-block pedestrian street crossing shall be provided across Manley Road that
connects the site to the existing sidewalk on the west side of Manley Road at the south end of
Gallatin Park subdivision.
17. Roadway drainage ditch continuity shall be maintained on Manley Road by installing culvert crossings at all access approach locations.
18. The domestic water and fire services shall be run in the same trench from the water main
connection to the proposed mechanical room in the building.
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#Z-13037 Map Brewing Company CUP Staff Report 5
Conclusion/Recommendation
The DRC and Staff have reviewed the Map Brewing Company CUP and recommend to the City
Commission approval of said application with the conditions outlined in this Staff Report. The applicant must comply with all provisions of the Bozeman Unified Development Code, which are applicable to
this project, prior to receiving final site plan approval. 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.
Zoning Designation & Land Uses
The property is zoned M-1 (Light Manufacturing District). The intent of the M-1 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 following land uses and zoning are adjacent to the subject property:
North: Recreational use (East Gallatin Recreation Area), zoned “PLI” (Public Lands and
Institutions District)
South: (Across Manley Road) Vacant, zoned M-1 (Light Manufacturing District)
East: Recreational use (East Gallatin Recreation Area), zoned “PLI” West: (Across Manley Road) Railroad and Industrial/Office, zoned “M-2” (Heavy
Manufacturing District) and “M-1”
Adopted Growth Policy Designation
The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop
as “Industrial”. The “Industrial” classification provides areas for the heavy uses which support an
urban environment such as manufacturing, warehousing and transportation hubs…Although use in these
areas is intensive, these areas are part of the larger community and should meet basic standards for
landscaping and other site design issues 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.
Review Criteria & Staff findings
Section 38.19.110 CONDITIONAL USE PERMIT; “Consideration and Findings for Conditional Use Permits”
In addition to the plan review criteria contained in Section 38.19.100 below, 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 unique lot shape and topography of this vacant property created some real challenges for this
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#Z-13037 Map Brewing Company CUP Staff Report 6
project. However, through the use of retaining walls along portions of the north boundary and filling
portions of the lot, the design team was able to achieve a site design that can meet all current site
development standards for setbacks, parking, loading/unloading, and landscaping as identified under
this criteria. The design also achieves integration between this commercial/industrial use with the other commercial/industrial uses in this area as well as the adjacent East Gallatin Recreation Area through the
use of trail connections from the recreation trail around the park/pond to this site and provided parking
lots.
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.
The only abutting property is the East Gallatin Recreation Area owned by the State of Montana (FWP).
Staff reviewed these plans with that agency and, as indicated in their attached review comments, they
“don’t have too many concerns and the development looks appropriate for the location”. As previously noted, several of the recommended conditions of approval as included in this report address permitting
or approval requirements from that agency in terms of stormwater discharge, construction
encroachments and trail connections.
Staff and the DRC also believe this use, with the recommended conditions of approval, can be operated without any adverse effects to the adjacent recreation area.
As of the writing of this report, no public comments have been received in response to the required
property owner or public noticing of the project. Any public comments received following this report
will be forwarded to the City Commission prior to the public hearing.
Following review of the proposed application with the inclusion of the recommended conditions of
approval, staff generally finds that the proposed use can be operated with no material adverse effects
upon abutting properties unless evidence presented at the public hearing proves otherwise and warrants
any special conditions as deemed necessary by the City Commission.
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:
regulation of use; special yards, spaces and buffers; special fences, solid fences and walls;
surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed;
duration of use; requiring the dedication of access rights; other such conditions as will make
possible the development of the City in an orderly and efficient manner.
Several conditions of approval have been recommended to address specific code requirements and/or to
protect the public health, safety and general welfare as required under these criteria as addressed below:
Recommended Condition #1 has been included as the initial site plans detailed the proposed trail connections with the trail around the East Gallatin Recreation Pond conflicting with the location of the
proposed retaining walls for the project. The applicant has provided a revised drawing for alternate trail
connections/locations to avoid this conflict as noted in this condition.
Recommended Condition #2 has been included to relocate the handicapped parking spaces further into the parking lot to create additional separation from the road entrance(s) off Manley Road where vehicles
will be entering the site to improve the safety for people loading/unloading from their vehicles.
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Recommended Condition #3 is included to address the signage requirements for the shown compact
spaces in order to avoid parking conflicts based on the size of vehicles.
Recommended Condition #4 is included to assure that the stormwater detention features shown on each
end of the property, (and which are adjacent to Manley Road and the East Gallatin Recreation Area), are
aesthetically designed and also meet the City’s slope/safety requirements due to the presence of
recreational users in this area.
Recommended Condition #5, #6, #7, #8 and #9 are standard conditions of approval that the City’s has
consistently applied for alcohol serving establishments and conditional use permits. Condition #5 also
assures that the alcohol serving use is contained in the appropriate areas so that the nature of the adjacent
recreation area is not changed as noted in the comments from FWP.
Recommended Condition #10 is included to address future improvements to the major street network
immediately adjacent and in proximity to the project. Manley Road is a designated collector roadway in
the adopted transportation plan and is presently constructed to the adopted rural collector standard. The
intersection of Manley Road and Griffin Drive is presently a 2-way stop controlled intersection that is
not presently known to operate at a deficient level of service. The SID waivers will ensure future participation in an SID, if established by the City Commission, to upgrade Manley Road to a city-
standard collector roadway or upgrade the level of service at the Manley/Griffin intersection if
necessitated at a future date.
Recommended Condition #11 is included to enhance the public health, safety, and welfare of the City, its residents and visitors, through a provision designed to enable the City to meet the future water supply
needs of property within its urban growth area.
Recommended Condition #12 is included because the proposed site access points from Manley Road do
not conform to minimum separation requirements of Table 38.24.090-3 BMC. The requested information is required to ensure the health, safety, and welfare of the public is not jeopardized.
Recommended Condition #13, #14, and #15 are included to ensure the interests of the neighboring East
Gallatin Recreation Area property are preserved during and after construction of the project.
Recommended Condition #16 is included to provide a safe street crossing for pedestrians with trips
originating from the Gallatin Park Subdivision on the west side of Manley Road across from the project
site.
Recommended Condition #17 is included to ensure the Manley Road drainage ditch functions properly and prevents hazardous conditions from occurring due to inadequate roadway drainage.
Recommended Condition #18 is included to better facilitate the construction of domestic water and fire
lines and reduce the number and length of traffic detours needed on Manley Road during construction.
Section 38.19.100 “Plan Review Criteria”
In considering applications for plan approval under this title, the review authority and advisory bodies
shall consider the following criteria:
1. Conformance to and consistency with the City’s adopted growth policy
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This proposed land use and site design is consistent with the Industrial land use classification identified
for this property in the City’s adopted growth policy (Figure 3-1; Future Land Use Map). This use is
also permitted within the underlying M-1 zoning district with the approval of a CUP.
This project also advances many of the City’s adopted Economic Development Goals and Objectives
from the Growth Policy including:
Goal ED-1: Promote and encourage the continued development of Bozeman as a vital economic center.
Objective: ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses,
“green” businesses, and e-businesses.
Implementation Policy 49) d: Support development of local markets and suppliers of finished goods and
services.
2. Conformance to this title, including the cessation of any current violations
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. Staff has cited the following code provisions that shall also be included in the recorded Conditional Use Permit and to assist/advise the applicant in
regards to other City standards that must be adhered to in the operation of this business:
Planning Department Cited Code Provisions: a) A construction management plan shall be submitted with the final plan submittal including
provisions for a construction trash enclosure. For applications other than those classified as
sketch plan reviews per Section 38.19.050, the applicant shall designate a temporary enclosed refuse storage area on the site plan, including a typical detail with dimensions and type of materials, for the storage and collection of building material debris during the construction
phase of the project, and that said debris area is shown accordingly on the final plan.
b) Section 38.19.120 requires the applicant to submit eight (8) copies a Final Site Plan within 6
months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office.
• If occupancy of any structure
c) Section 38.19.120 requires that the final site plan shall contain the materials required in 38.41.080.A.2.g.7. Specifically the final site plan shall show all utilities and utility rights-of-way or easements: (1) Electric; (2) Natural Gas; (3) Telephone, cable TV, and similar services; (4) Water; and (5) Sewer (sanitary, treated effluent and storm).
is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of security
equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site
improvements within nine (9) months of occupancy to avoid default on the method of
security.
d) Section 38.19.160 states that a Building Permit must be obtained prior to the work, and must be
obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved.
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e) Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment
shall be incorporated into the roof form or screened in an enclosure and ground mounted
equipment shall be screened with walls, fencing or plant materials. The final site plan shall
contain a notation
f) Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this section, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a
nuisance by projecting or reflecting objectionable light onto a neighboring use or property.
that “No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate
landscape features. All rooftop mechanical equipment shall be incorporated into the roof form
or screened in an approved rooftop enclosure.”
g) Section 38.23.150.D.7.b requires that all outdoor lighting fixtures shall be shielded in such a
manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated
h) Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting
and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m.
Exceptions shall be granted to those businesses which operate during these hours; such lighting
may remain illuminated only while the establishment is actually open for business.
i) Section 38.28.060 outlines the amount of permitted signage for the property. A Sign Permit shall be reviewed and approved by the Planning Department prior to the construction and
installation of any on-site signage for the business. All final building elevations and site plans
shall show the signage allowed in compliance with this section.
j) Section 38.34.100 states that a building permit shall be obtained within one year of final approval, or said approval shall become null and void. Prior to the lapse of one year, the applicant may seek an extension of one additional year from the Planning Director.
k) Section 38.39.030 requires that the applicant shall provide for private improvements
certification by the architect, landscape architect, engineer and other applicable professionals
that all improvement including, but not limited to landscaping, ADA accessibility requirements, private infrastructure, or other requirement elements were installed in accordance with the approved site plan, plans and specifications.
l) 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.
m) Section 38.19.110.I. BMC Termination/ Revocation of 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
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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 Section 38.19.130, BMC.
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, BMC.
Engineering Department Cited Code Provisions:
a. A Storm Water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed
to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the
City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot
elevations), storm water detention/retention basin details (including basin sizing and discharge
calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. Post-development discharges leaving the site shall be limited to the
pre-development discharge rate for each proposed drainage area.
b. A general permit for stormwater discharges associated with construction activity shall be
obtained from the Montana Department of Environmental Quality prior to final site plan approval.
c. Plans and specifications for any fire service line (and domestic services 4” or larger) must be
prepared in accordance with the City’s Fire Service Line Policy by a Professional Engineer and
be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification and preparation of mylar
record drawings.
Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from the infrastructure plans and final site plan.
d. A Street Cut Permit shall be obtained from the Engineering Department prior to cutting Manley
Road. The applicant is advised that flowable backfill shall be used for utility trenches within the
existing pavement limits of the roadway.
e. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall
be provided to and approved by the City Engineer. Concrete curbing shall be provided around
the entire new parking lot and/or access perimeter and be adequately identified (i.e. drop vs. spill
curb) on the FSP.
f. Asphalt return radii for the access approaches onto Manley Road shall not exceed 15’.
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g. Street vision triangles shall be provided on the FSP in accordance with 38.24.100 BMC.
h. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided.
i. The location of existing and proposed water/sewer mains and services shall be properly depicted,
as well as nearby fire hydrants and proposed hydrants. Proposed utilities shall be distinguishable
from existing. City of Bozeman applications for service shall be completed by the applicant.
j. Easements and R/W located on and adjacent to the site shall be depicted and labeled
appropriately. Distinction between proposed and existing easements shall be made. Any
proposed easements shall be provided prior to FSP approval.
k. Proposed water/sewer mains, services and hydrants shall be depicted on the landscape plan and
maintain a minimum horizontal separation of 10’ to proposed landscape trees and lot lighting
improvements.
l. Areas proposed for snow storage shall be depicted on the FSP.
m. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development
Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
3. Conformance with all other applicable laws, ordinances, and regulations
Following CUP and Final Site Plan approval, the plans will be further evaluated against the
requirements of the International Building Code at the time application is made for a building permit for
the facility.
4. Relationship of site plan elements to conditions both on and off the property
The site plan achieves a balance in terms of meeting the commercial needs of the proposed business as
well as integrating into the existing area and other commercial/industrial users as well as the adjacent
East Gallatin Recreation Area. This includes pedestrian connections to the trail that navigates around the
Pond and the provision of a pedestrian crossing of Manley Road to tie this site into the south end of the Gallatin Park Subdivision trail on the west side of Manley Road. The applicant has also worked
extensively on the design of the retaining walls on the north side of the facility that abut the East
Gallatin Recreation Area near the trail. A textured keystone block retaining wall system was chosen for
its aesthetic qualities and so that a smooth, solid wall surface was not presented in order to, hopefully,
discourage it from being vandalized. Due to their height, a building permit must be obtained for the retaining walls for review of their safety and this will include required railing as noted in the applicant’s
wall section details.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
As noted on Sheet AO.2 of the applicant’s plans and according to BMC standards, the brewery
component of the project requires 5.3 parking spaces to be provided. The tasting area requires 46.4
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spaces and the outdoor patio requires 6.9 spaces. Therefore, a total of 59 on-site parking spaces are
required to be provided. The applicant’s plans provide the required 59 spaces through an allowed
combination of regularly sized and compact spaces (not to exceed 25% of the provided spaces). The 3
required handicapped spaces (incl. 1 van accessible) are also shown to be provided and count toward the required number of spaces per code. No additional parking will be required to meet the City’s minimum
standards. Recommended conditions #2 and #3 address the relocation of the handicapped parking spaces
to improve the safety of the loading/unloading from these spaces and required signage for the compact
parking spaces. Two bike racks are also shown to be provided on the west side of the building.
6. Pedestrian and vehicular ingress and egress
Due to the odd shape and lack of depth to the property to provide sufficient on-site maneuvering options,
the applicant has proposed 3 accesses to Manley Road. One access is proposed on the west side of the
building while two accesses are proposed on the east side of the building to accommodate large vehicle (incl. up to semi-size) loading/unloading and circulation provisions without having to back into Manley
Road. The radiuses and a template to accommodate this are depicted on Sheet A.1.1 of the applicant’s
plans. As noted in recommended condition #12, the spacing of these accesses will require an
Engineering Department modification to property access standards and the final paperwork to grant this
modification is required with the final site plan materials. The Engineering Department is generally agreeable to the access configuration as shown. However, the required materials must be prepared by the
applicant to be formally supportive of the proposed access spacing.
Upgrades to Manley Road are not required with this project as Manley Road is presently constructed to
the adopted rural collector standard of the current transportation plan. Section 38.24.010.A BMC requires all streets to be provided in accordance with the adopted growth policy and/or transportation
plan. The present condition of Manley Road satisfies this provision. The intersection of Manley Road
and Griffin Drive is presently a 2-way stop controlled intersection that is not presently known to operate
at a deficient level of service. As noted in recommended condition #10, the applicant shall provide and
file with the County Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for future Manley Road street and intersection improvements.
As previously noted, a pedestrian connection is being provided from the applicant’s site, at a signed and
marked pedestrian crossing across Manley Road, to connect to the existing trail on the south end of the
Gallatin Park Subdivision as well as two trail connections to the aforementioned trail on the East Gallatin Recreation Area property.
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
As an industrial property without residential adjacency, the BMC requires 15 landscaping points to be
achieved for the project. The applicant’s landscaping plan details these point to be achieved. The
plantings include a blend of deciduous and evergreen trees to provide variety and year round color. As
noted in recommended condition #4, the 2 storm water detention features on each end of the project
must be designed and constructed as landscape amenities under the requirements of Section 38.23.080.H. A cross section and landscape detail of this facilities shall be submitted with the final site
and landscaping plan for review and approval as part of the final site plan package. These facilities will
be an important landscaping feature due to their proximity to the Manley Road frontage and the East
Gallatin Recreation Area.
8. Open space
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As a commercial/industrial project, there are no specific on-site open space requirements for the project.
9. Building location and height
The building has been placed within the center of the site to take advantage of the widest part of the
irregularly shaped lot. With a maximum building height of 33 feet (to the cupola feature) the building is
easily within the 45 foot maximum height allowance for the M-1 zoning district.
10. Setbacks
The building, parking areas and other site features (including the textured keystone block retaining walls
on the north side of the site) meet all required M-1 setback requirements.
11. Lighting
The lighting details supplied for the building and parking lots all appear to meet city full-cut off
requirements and are appropriate for the site. A final lighting plan is required to be submitted with the
final site plan materials as noted in the cited code provisions. This includes that all site lighting other
than pathway intersection lighting and security lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting
may remain illuminated only while the establishment is actually open for business.
12. Provisions for utilities, including efficient public services and facilities
The site is fully served by public and private utilities. Several recommended conditions and code
provisions have been cited to address the final plans for these services.
13. Site surface drainage
Due to the fill and altered site surface drainage that is required with this project, several recommended
conditions and code provisions have been included to address the final plans for site surface drainage
both during and after construction. This includes appropriate permits and approvals from the City,
Department of Environmental Quality and FWP for the stormwater discharge to the East Gallatin
Recreation Area pond.
14. Loading and unloading areas
As previously noted, the two site accesses to Manley Road on the east side of the building are
necessitated to facilitate the approach of large vehicles to the designated loading area on the east side building. This dual-access configuration allows large vehicles to maneuver through the east parking lot,
and prevents these vehicles from having to reverse out of the site onto Manley Road.
15. Grading
The final grading plans will be reviewed as part of the final site plan materials as noted in the
recommended conditions of approval and cited code provisions.
16. Signage
No specific signage was detailed or requested as part of this CUP application. Any future signage will
require a separate sign permit and compliance with current code standards as noted in the cited code
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provisions.
17. Screening
As an M-1 (industrial) use outside of an established entryway corridor, no specific screening is required.
The applicant has indicated that there will be no outdoor storage as part of its operations. The
landscaping plan, including the planting of evergreens along the Manley Road frontage, will provide
some screening of the parking lots. The other required landscaping elements, including the parking lot
islands and stormwater detention facility landscaping, will also enhance the visual aspects of the site.
18. Overlay district provisions
N/A as this project is not located within an established entryway corridor.
19. Other related matters, including relevant comment from affected parties
As previously referenced, the review comments from the State Department of Fish, Wildlife and Parks
that have ownership interest and control of the East Gallatin Recreation Area are attached. As of the
writing of this report, no written public comment letters have been received in response to the public noticing of this project. Any public comments received following this report will be forwarded 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
21. Compliance with Article 8 of Chapter 10, BMC (Workforce Housing)
Not applicable
22. Phasing of Development
Not applicable. This project is proposed to be constructed in one phase.
Attachments: Applicant’s Submittal Materials
Report Sent to: Map Brewing Co., 5263 Hamm Road, Belgrade, MT 59714
Legends Studio, Inc. (Kira Ogle), 3805 Valley Commons Drive, Suite 11,
Bozeman, MT 59718
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Symbol Plant Name (Scientific)Size @
Planting
Mature
Size Qty
Plant Table
Austrian Pine (Pinus nigra)450-60'8-10'
Andorra Juniper (Juniperus
horizontalis)312-18"#5
Patmore Green Ash (Fraxinus
pennsylvanica)750-60'1.5-2"
Quaking Aspen (Populus
tremuloides)2735-45'1-2"mix
Northwood Maple (Acer
rubrum)845-55'1.5-2"
Goldflame Spirea (Spiraea
japonica)169-12"
Hops (Humulus lupulus)25vine#1
Blue Oat Grass (Helictotrichon
sempervirens)102-3'#1
2-3'
Custom EarthDesign StudioManley Road Brewing Company3337 N. 27th #31
Bozeman, Montana 59718
ph (406)539-7030
e-mail:customearthdesigns@gmail.com
pg 1 of 1
Date: 07 Feb 2013
Revised: Landscape ConceptBozeman, MontanaChad Rempfer, Landscape Designer
Scale 1"=20'-0"
Date: 07 March 2013
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