HomeMy WebLinkAboutDistillery and Tasting Room CUP - revised
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development
SUBJECT: Distillery and Tasting Room, Sales of Alcohol for On Premises Consumption CUP/COA File #Z-13053
MEETING DATE: May 6, 2013
AGENDA ITEM TYPE: Action - Quasi Judicial
RECOMMENDATION: That the City Commission approves Conditional Use Permit #Z-13053
to allow the reuse of an existing building for a distillery and attached tasting room with related improvements including sales and on premises consumption of alcohol, at 121 West Main Street.
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-13053 and move to approve the
conditional use permit with conditions and subject to all applicable code provisions.” BACKGROUND: This Conditional Use Permit (CUP) and Certificate or Appropriateness
application involves a request to reuse an existing building for a commercial distillery and tasting
room and related facade improvements at 121 West Main Street, known commonly as the
previous location of the Schnees shoe store. This sales of alcohol for on premise consumption use is allowed in the B-3 (Central Business District) zoning district with approval of a CUP by the City Commission. The facility is proposed at 2,450 square feet, the tasting room is proposed
at 1,186 square feet, and the distillery is proposed at 1,264 square feet.
On April 10, 2013, the Development Review Committee recommended conditional approval of this CUP application and their recommended conditions and comments are included in the attached staff report.
Conditions of approval can be found on page 2 of the staff report. Code provisions can be found
on page 4. 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 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.
FISCAL EFFECTS: No significant fiscal effect has been identified.
Attachments: Staff Report, Applicant’s submittal materials
The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street.
Report compiled on: April 24, 2013
#Z-13053 The Distillery CUP/COA Staff Report 1
City Commission Staff Report for the Distillery and Tasting Room Sales of Alcohol for On Premises Consumption CUP/COA File #Z-13053
Item: A Conditional Use Permit Application to allow the reuse of an existing building for a distillery and attached tasting room and related improvements with sales and on premise consumption of alcohol produced on site at 121 West Main Street, Bozeman, Montana.
Owner: CGS Group Ltd.
Po Box 1128
Bozeman, MT 59771
Applicant: Jim Harris/Bozeman Spirits LLC
PO Box 6146
Bozeman, MT 59771
Representative: Locati Architects
1007 East Main Street Bozeman, MT 59715
Date: City Commission Meeting May 6, 2013 at 6:00 p.m., in the City Commission Meeting Room,
Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Brian Krueger, Development Review Manager
Recommendation: Conditional Approval ______________________________________________________________________________
Project Location
The property is located at 121 West Main Street and legally described as Lot 5 and 6, Block B, Tracys
1st Addition, Sec.7, T. 2S., R.6.E of PMM, City of Bozeman, Gallatin County, Montana. The zoning
designation for said property is B-3 (Central Business District). Please see the following vicinity map.
#Z-13053 The Distillery CUP/COA Staff Report 2
Zoning Designation & Land Uses
The property is zoned B-3 (Central Business District). The intent of the B-3 central business
district is to provide a central area for the
community's business, government service and
cultural activities. Uses within this district
should be appropriate to such a focal center with inappropriate uses being excluded. Room should
be provided in appropriate areas for logical and
planned expansion of the present district. The
following land uses and zoning are adjacent to
the subject property:
North: Parking, zoned “B-3”
South: Vacant hotel, zoned “B-3”
East: Baxter Hotel, mixed use, zoned “B-3”
West: Restaurant, zoned “B-3”
Proposal
The application includes the reuse of an existing building for a distillery, attached tasting room, and related improvements with sales and on premise consumption of alcohol produced on site. A
conditional use permit is required for sales of alcohol for on premises consumption in the B-3 zoning
district.
The facility is proposed at 2,450 square feet, the tasting room is proposed at 1,186 square feet, and the
distillery is proposed at 1,264 square feet.
A certificate of appropriateness is required for the minor exterior modifications that include the
replacement of windows and the installation of a roll up door for the distillery.
Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee 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. Please note that these conditions are in addition to the required code provisions
beginning on page 4 of this report.
Planning Department Recommended Conditions:
1. A copy of the State Revenue Department liquor licenses for the establishment shall be submitted to the Department Community Development prior to the sale of alcoholic beverages.
2. 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 procession of alcohol.
3. 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.
#Z-13053 The Distillery CUP/COA Staff Report 3
Conclusion/Recommendation
The Development Review Committee and staff have reviewed the Distillery and Tasting Room sales of alcohol for on premises consumption Conditional Use Permit application and recommends to the City
Commission approval of said application with the conditions and code provisions outlined in this staff
report. Staff has identified various code provisions that are currently not met by this application. The
applicant must comply with all provisions of the Bozeman Unified Development Code, which are
applicable to this project, prior to receiving final 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.
Adopted Growth Policy Designation
The property is designated as “Community Core” in the Bozeman Community Plan. The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of
uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character.
Essential government services, places of public assembly, and open spaces provide the civic and social
core of town. Residential development on upper floors is well established. New residential uses should
be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the
entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well
over 1. Future development should continue to be intense while providing areas of transition to adjacent
areas and preserving the historic character of Main Street.
Review Criteria & Staff Findings
Section 38.19.110 Review Authority Consideration and Findings for Conditional Use Permits
In addition to the review criteria below, the review authority shall, in approving a conditional use
permit, find 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 building exists and is located within a diverse commercial district and within direct proximity of
other establishments with on-premises consumption of alcohol. The proposed production of alcohol on
site will occur entirely indoors and is not anticipated to produce fumes, odors, noise, or other nuisances.
Staff has not identified any special conditions of approval related to the addition of sales and on premises consumption of alcohol produced on site.
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 has not received any public comment as of the writing of this report. Any public comment received after the completion of the Commission packets will be distributed to the Commission members at the
public hearing.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence
presented at the public hearing proves otherwise.
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;
#Z-13053 The Distillery CUP/COA Staff Report 4
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.
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 Plan Review Criteria findings below.
Section 38.19.100 Plan Review Criteria
In considering applications for site plan approval under this title, the Community Development Director,
City Commission, Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design Review Board or Wetland Review Board shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman Community Plan including the
Community Core land use designation. This hospitality business and local manufacturing will add
vitality to downtown. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the “core area” of Bozeman’s central business district, i.e., along Main Street
from Grand to Rouse and to the alleys one-half block north and south from Main Street. Based upon the
review of this specific site and context, the proposed use and building are in conformance with the
Community Core land use classification.
2. Conformance to this title, including the cessation of any current violations
a. In Accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an
inspection of your water service to determine whether the water service has backflow protection and if
such protection is installed that the device is appropriate for the level of use for the facility. If the service
has been found without backflow protection the applicant will have a preventer and expansion tank
installed. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. Please call the
Water Department’s Backflow specialist at 582‐3200 to arrange an inspection of the water service. b. 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. c. 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 for a period
of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is granted;
#Z-13053 The Distillery CUP/COA Staff Report 5
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. 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(FSP) approval. Building Permits will not be issued until the
Final Site Plan is approved.
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 plan shall contain a notation 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.” f. Section 38.23.150.F Lighting specifications for all lighting. Light fixtures and standards shall be
compatible with the surrounding area, the subdivision or site design, and the development's character
and/or architecture. 1. Luminaires (light fixtures). Except as otherwise allowed in subsections E and G
of this section, all luminaires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not protrude below the edge of the light fixture, and shall not be visible from adjacent streets or properties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures
shall meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral angle
around the fixture). d. As needed, fixtures shall be equipped with or be modified to incorporate light directing and/or shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect
offending light distribution and/or reduce direct or indirect glare.
g. Sec. 38.28.080 states that a comprehensive sign plan shall be submitted for all commercial, office,
industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. A comprehensive sign plan shall not be approved unless it is consistent with this article, the underlying zoning regulations applicable to the property and
any discretionary development permit or plan for the property. The plan should include the size and
location of buildings and the size and location of existing and proposed signs. The purpose of the plan is
to coordinate graphics and signs with building design. The coordination shall be achieved by: 1. Using the same type of cabinet supports or method of mounting for signs of the same type; using the same type of construction for components, such as sign copy, cabinet and supports; using other
types of integrating techniques, such as common color elements, determined appropriate by the
review authority.
2. Using the same form of illumination for all signs, or by using varied forms of illuminations determined compatible by the review authority. h. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall
also be provided.
#Z-13053 The Distillery CUP/COA Staff Report 6
i. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent. j. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
Service Line Policy by a Professional Engineer (PE), 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. k. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and submitted to
the Engineering Department prior to FSP approval.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Plan will be reviewed to ensure compliance with this section. 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 tenant improvement. A condition is recommended by staff to require that the
applicant submit their State of Montana license for the facility prior to service of alcohol on site.
4. Relationship of site plan elements to conditions both on and off the property
The subject property is a developed and existing commercial building that was the prior location of a
shoe retailer. The interior of the building is to be modified to accommodate the use as a distillery and tasting room. The site is not proposed to be modified. On premises sales and consumption of alcohol is
only within the interior of the building. No outdoor seating area is proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
No additional parking is required as part of this application. Parking for this use is satisfied. Twenty
one parking spaces were required for the use. Using 1,640 square feet of the allowed parking reduction for the first 3,000 gross square feet of building in B-3 as allowed by section 38.25.040.A.2.c.(5) BMC
the parking demand results in a 1 parking space requirement. This building has 2.9 parking spaces
provided by the 1979 Downtown Parking SID and thus satisfies the parking demand. Parking credit
remains for the balance of the building for a future tenant.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain
unchanged. The site is considered a conforming plan.
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
No modifications to the existing landscaping or streetscape are required or proposed as part of this application.
8. Open space
No open space is required or proposed for this use.
9. Building location and height
No exterior physical alterations are proposed for the existing building other than window replacement
and the installation of a roll up door. The building location and building height will remain unchanged.
10. Setbacks
The building exists and no changes that would impact setbacks are proposed.
11. Lighting
#Z-13053 The Distillery CUP/COA Staff Report 7
No changes to lighting are proposed as part of this application. Staff notes a code provision to require
that all exterior lighting on the building be modified to conform to code requirements for full cutoff exterior lighting. There are fixtures on the east elevation of the building that will require modification.
12. Provisions for utilities, including efficient public services and facilities
No changes to the sewer and water connections or private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas. The service drive between
the building and the Baxter Hotel and the alleyway will serve as loading and unloading areas for this
use.
15. Grading
No new grading is anticipated on site.
16. Signage
No signage is requested as part of this application. A comprehensive signage plan for the building is
required as the building is being modified from a single tenant to a multi tenant space; staff notes this
requirement as a code provision. The building frontage along West Main Street for this building is 41 feet. Based upon linear frontage in the B-3 District a total of 66 square feet of signage is available for
the entire building. For multitenant buildings of this size the code states that the sign square footage
each tenant receives is based upon their percentage of the building. In this case the Distillery controls
54% of the building and is entitled to 35.64 square feet of signage.
17. Screening
No screening is requested or required with this application. Staff notes a code provision that requires
mechanical screening if necessary for the distilling operations.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. Administrative Design
Review staff has reviewed the proposal for conformance with the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overly District. Staff finds the application
and building modifications in general conformance with the guidelines as proposed.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date.
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, the building exists and is part of a conforming development.
#Z-13053 The Distillery CUP/COA Staff Report 8
21. Compliance with article 8 of chapter 10 of this Code
This project is not subject to workforce housing requirements.
22. Phasing of development
This project is proposed to be completed in one phase.
Attachments: Applicant’s Submittal Materials
Report Sent to:
Owner: CGS Group Ltd.
Po Box 1128
Bozeman, MT 59771
Applicant: Jim Harris/Bozeman Spirits LLC
PO Box 6146
Bozeman, MT 59771
Representative: Locati Architects
1007 East Main Street
Bozeman, MT 59715
#Z-13053 The Distillery CUP/COA Staff Report 2
Zoning Designation & Land Uses
The property is zoned B-3 (Central Business District). The intent of the B-3 central business
district is to provide a central area for the
community's business, government service and
cultural activities. Uses within this district
should be appropriate to such a focal center with inappropriate uses being excluded. Room should
be provided in appropriate areas for logical and
planned expansion of the present district. The
following land uses and zoning are adjacent to
the subject property:
North: Parking, zoned “B-3”
South: Vacant hotel, zoned “B-3”
East: Baxter Hotel, mixed use, zoned “B-3”
West: Restaurant, zoned “B-3”
Proposal
The application includes the reuse of an existing building for a distillery, attached tasting room, and related improvements with retail sales and on premise consumption of alcohol produced on site. A
conditional use permit is required for 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 in the B-3 zoning
district.
The facility is proposed at 2,450 square feet, the tasting room is proposed at 1,186 square feet, and the distillery is proposed at 1,264 square feet. The tasting room is proposed at less than 50 percent of the
facility as required by code.
A certificate of appropriateness is required for the minor exterior modifications that include the
replacement of windows and the installation of a roll up door for the distillery.
Recommended Conditions of Approval
Based on the subsequent analysis, the Development Review Committee 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. Please note that these conditions are in addition to the required code provisions
beginning on page 4 of this report.
Planning Department Recommended Conditions:
1. A copy of the State Revenue Department liquor licenses for the establishment shall be submitted to
the Department Community Development prior to the sale of alcoholic beverages.
2. 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 procession of alcohol.
3. 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.
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Conclusion/Recommendation
The Development Review Committee and staff have reviewed the Distillery and Tasting Room retail
sales for on premise consumption of alcohol produced on site Conditional Use Permit application and
recommends to the City Commission approval of said application with the conditions and code
provisions outlined in this staff report. Staff has identified various code provisions that are currently not
met by this application. The applicant must comply with all provisions of the Bozeman Unified Development Code, which are applicable to this project, prior to receiving final 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.
Adopted Growth Policy Designation
The property is designated as “Community Core” in the Bozeman Community Plan. The traditional
core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of
uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character.
Essential government services, places of public assembly, and open spaces provide the civic and social
core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity
uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the
entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well
over 1. Future development should continue to be intense while providing areas of transition to adjacent
areas and preserving the historic character of Main Street.
Review Criteria & Staff Findings
Section 38.19.110 Review Authority Consideration and Findings for Conditional Use Permits
In addition to the review criteria below, the review authority shall, in approving a conditional use
permit, find 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 building exists and is located within a diverse commercial district and within direct proximity of
other establishments with on-premise consumption of alcohol. The proposed production of alcohol on
site will occur entirely indoors and is not anticipated to produce fumes, odors, noise, or other nuisances. Staff has not identified any special conditions of approval related to the addition of retail sales and on
premise consumption of alcohol produced on site.
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 has not received any public comment as of the writing of this report. Any public comment received
after the completion of the Commission packets will be distributed to the Commission members at the
public hearing.
Following review of the proposed application with the inclusion of the recommended conditions, staff
finds that the proposed use will have no material adverse effect upon abutting properties unless evidence presented at the public hearing proves otherwise.
3. That any additional conditions stated in the approval are deemed necessary to protect the
245
#Z-13053 The Distillery CUP/COA Staff Report 4
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.
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 Plan Review Criteria findings below.
Section 38.19.100 Plan Review Criteria
In considering applications for site plan approval under this title, the Community Development Director,
City Commission, Development Review Committee, and when appropriate, the Administrative Design
Review Staff, the Design Review Board or Wetland Review Board shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
The development proposal is in conformance with the Bozeman Community Plan including the Community Core land use designation. This hospitality business and local manufacturing will add
vitality to downtown. It is the intent of this district to encourage high volume, pedestrian-oriented uses
in ground floor space in the “core area” of Bozeman’s central business district, i.e., along Main Street
from Grand to Rouse and to the alleys one-half block north and south from Main Street. Based upon the
review of this specific site and context, the proposed use and building are in conformance with the Community Core land use classification.
2. Conformance to this title, including the cessation of any current violations
a. In Accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an
inspection of your water service to determine whether the water service has backflow protection and if
such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a preventer and expansion tank
installed. If the existing device does not provide adequate protection, the applicant will be required to
replace the preventer with a preventer that is designed to provide adequate protection. Please call the
Water Department’s Backflow specialist at 582‐3200 to arrange an inspection of the water service.
b. 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.
c. 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 for a period
246
#Z-13053 The Distillery CUP/COA Staff Report 5
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.
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(FSP) approval. Building Permits will not be issued until the
Final Site Plan is approved. 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 plan shall contain a notation 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.”
f. Section 38.23.150.F Lighting specifications for all lighting. Light fixtures and standards shall be
compatible with the surrounding area, the subdivision or site design, and the development's character
and/or architecture. 1. Luminaires (light fixtures). Except as otherwise allowed in subsections E and G of this section, all luminaires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not protrude below the edge of the
light fixture, and shall not be visible from adjacent streets or properties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures shall meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral angle
around the fixture). d. As needed, fixtures shall be equipped with or be modified to incorporate light
directing and/or shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect
offending light distribution and/or reduce direct or indirect glare. g. Sec. 38.28.080 states that a comprehensive sign plan shall be submitted for all commercial, office,
industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots
subject to a common development permit or plan. A comprehensive sign plan shall not be approved
unless it is consistent with this article, the underlying zoning regulations applicable to the property and
any discretionary development permit or plan for the property. The plan should include the size and location of buildings and the size and location of existing and proposed signs. The purpose of the plan is
to coordinate graphics and signs with building design. The coordination shall be achieved by:
1. Using the same type of cabinet supports or method of mounting for signs of the same type; using
the same type of construction for components, such as sign copy, cabinet and supports; using other
types of integrating techniques, such as common color elements, determined appropriate by the review authority.
2. Using the same form of illumination for all signs, or by using varied forms of illuminations
determined compatible by the review authority.
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h. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall
also be provided. i. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent.
j. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
Service Line Policy by a Professional Engineer (PE), 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.
k. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and submitted to
the Engineering Department prior to FSP approval.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Plan will be reviewed to ensure compliance with this section. 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 tenant improvement. A condition is recommended by staff to require that the
applicant submit their State of Montana license for the facility prior to service of alcohol on site.
4. Relationship of site plan elements to conditions both on and off the property
The subject property is a developed and existing commercial building that was the prior location of a
shoe retailer. The interior of the building is to be modified to accommodate the use as a distillery and
tasting room. The site is not proposed to be modified. On premise retail sales and consumption of
alcohol is only within the interior of the building. No outdoor seating area is proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
No additional parking is required as part of this application. Parking for this use is satisfied. Twenty
one parking spaces were required for the use. Using 1,640 square feet of the allowed parking reduction
for the first 3,000 gross square feet of building in B-3 as allowed by section 38.25.040.A.2.c.(5) BMC
the parking demand results in a 1 parking space requirement. This building has 2.9 parking spaces provided by the 1979 Downtown Parking SID and thus satisfies the parking demand. Parking credit
remains for the balance of the building for a future tenant.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain
unchanged. The site is considered a conforming plan.
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
No modifications to the existing landscaping or streetscape are required or proposed as part of this
application.
8. Open space
No open space is required or proposed for this use.
9. Building location and height
No exterior physical alterations are proposed for the existing building other than window replacement
and the installation of a roll up door. The building location and building height will remain unchanged.
10. Setbacks
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The building exists and no changes that would impact setbacks are proposed.
11. Lighting
No changes to lighting are proposed as part of this application. Staff notes a code provision to require
that all exterior lighting on the building be modified to conform to code requirements for full cutoff
exterior lighting. There are fixtures on the east elevation of the building that will require modification.
12. Provisions for utilities, including efficient public services and facilities
No changes to the sewer and water connections or private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas. The service drive between
the building and the Baxter Hotel and the alleyway will serve as loading and unloading areas for this use.
15. Grading
No new grading is anticipated on site.
16. Signage
No signage is requested as part of this application. A comprehensive signage plan for the building is required as the building is being modified from a single tenant to a multi tenant space; staff notes this
requirement as a code provision. The building frontage along West Main Street for this building is 41
feet. Based upon linear frontage in the B-3 District a total of 66 square feet of signage is available for
the entire building. For multitenant buildings of this size the code states that the sign square footage
each tenant receives is based upon their percentage of the building. In this case the Distillery controls 54% of the building and is entitled to 35.64 square feet of signage.
17. Screening
No screening is requested or required with this application. Staff notes a code provision that requires
mechanical screening if necessary for the distilling operations.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. Administrative Design
Review staff has reviewed the proposal for conformance with the Bozeman Design Guidelines for
Historic Preservation and the Neighborhood Conservation Overly District. Staff finds the application
and building modifications in general conformance with the guidelines as proposed.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date.
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
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#Z-13053 The Distillery CUP/COA Staff Report 8
party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
Not applicable, the building exists and is part of a conforming development.
21. Compliance with article 8 of chapter 10 of this Code
This project is not subject to workforce housing requirements.
22. Phasing of development
This project is proposed to be completed in one phase.
Attachments: Applicant’s Submittal Materials
Report Sent to:
Owner: CGS Group Ltd.
Po Box 1128
Bozeman, MT 59771
Applicant: Jim Harris/Bozeman Spirits LLC PO Box 6146
Bozeman, MT 59771
Representative: Locati Architects
1007 East Main Street Bozeman, MT 59715
250
#Z-13053 The Distillery CUP/COA Staff Report 6
h. The Final Site Plan shall be adequately dimensioned. A complete legend of all line types used shall
also be provided. i. Sewer and water services shall be shown on the FSP and approved by the Water/Sewer
Superintendent.
j. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire
Service Line Policy by a Professional Engineer (PE), 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.
k. A Pretreatment Program Sanitary Sewer Survey shall be completed by the Applicant and submitted to
the Engineering Department prior to FSP approval.
3. Conformance with all other applicable laws, ordinances, and regulations
The Final Plan will be reviewed to ensure compliance with this section. 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 tenant improvement. A condition is recommended by staff to require that the
applicant submit their State of Montana license for the facility prior to service of alcohol on site.
4. Relationship of site plan elements to conditions both on and off the property
The subject property is a developed and existing commercial building that was the prior location of a
shoe retailer. The interior of the building is to be modified to accommodate the use as a distillery and
tasting room. The site is not proposed to be modified. On premise retail sales and consumption of
alcohol is only within the interior of the building. No outdoor seating area is proposed.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
No additional parking is required as part of this application. Parking for this use is satisfied. Twenty
one parking spaces were required for the use. Using 1,640 square feet of the allowed parking reduction
for the first 3,000 gross square feet of building in B-3 as allowed by section 38.25.040.A.2.c.(5) BMC
the parking demand results in a 1 parking space requirement. This building has 2.9 parking spaces provided by the 1979 Downtown Parking SID and thus satisfies the parking demand. Parking credit
remains for the balance of the building for a future tenant.
6. Pedestrian and vehicular ingress and egress
Vehicular access to the site will not be modified. Pedestrian ingress and egress is proposed to remain
unchanged. The site is considered a conforming plan.
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
No modifications to the existing landscaping or streetscape are required or proposed as part of this
application.
8. Open space
No open space is required or proposed for this use.
9. Building location and height
No exterior physical alterations are proposed for the existing building other than window replacement
and the installation of a roll up door. The building location and building height will remain unchanged.
10. Setbacks
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The building exists and no changes that would impact setbacks are proposed.
11. Lighting
No changes to lighting are proposed as part of this application. Staff notes a code provision to require
that all exterior lighting on the building be modified to conform to code requirements for full cutoff
exterior lighting. There are fixtures on the east elevation of the building that will require modification.
12. Provisions for utilities, including efficient public services and facilities
No changes to the sewer and water connections or private utilities are proposed.
13. Site surface drainage
No changes to the site surface drainage are proposed.
14. Loading and unloading areas
No alterations are proposed that would impact loading and unloading areas. The service drive between
the building and the Baxter Hotel and the alleyway will serve as loading and unloading areas for this use.
15. Grading
No new grading is anticipated on site.
16. Signage
No signage is requested as part of this application. A comprehensive signage plan for the building is required as the building is being modified from a single tenant to a multi tenant space; staff notes this
requirement as a code provision. The building frontage along West Main Street for this building is 41
feet. Based upon linear frontage in the B-3 District a total of 66 square feet of signage is available for
the entire building. For multitenant buildings of this size the code states that the sign square footage
each tenant receives is based upon their percentage of the building. In this case the Distillery controls 54% of the building and is entitled to 35.64 square feet of signage.
17. Screening
No screening is requested or required with this application. Staff notes a code provision that requires
mechanical screening if necessary for the distilling operations.
18. Overlay district provisions
The site is located within the Neighborhood Conservation Overlay District. Administrative Design
Review staff has reviewed the proposal for conformance with the Bozeman Design Guidelines for
Historic Preservation and the Neighborhood Conservation Overly District. Staff finds the application
and building modifications in general conformance with the guidelines as proposed.
19. Other related matters, including relevant comment from affected parties
No public comment has been received to date.
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
249
#Z-13053 The Distillery CUP/COA Staff Report 8
party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
Not applicable, the building exists and is part of a conforming development.
21. Compliance with article 8 of chapter 10 of this Code
This project is not subject to workforce housing requirements.
22. Phasing of development
This project is proposed to be completed in one phase.
Attachments: Applicant’s Submittal Materials
Report Sent to:
Owner: CGS Group Ltd.
Po Box 1128
Bozeman, MT 59771
Applicant: Jim Harris/Bozeman Spirits LLC PO Box 6146
Bozeman, MT 59771
Representative: Locati Architects
1007 East Main Street Bozeman, MT 59715
250
The Distillery Development Review Application
121 West Main Street March 13, 2013
Bozeman, MT 59715
TABLE OF CONTENTS
Application & Checklists
Cover Letter
Development Review Application
Site Plan Checklist
Certificate of Appropriateness Checklist 2
List of Adjoining Property Owners
Certificate of Adjoining Property Owners List
Neighborhood Recognitions Ordinance Compliance Certificate
Narratives / Supporting Documents
Narrative
Site and Parking Calculations
Site Drawings
Vicinity Map & construction route map
Site Plan
Architectural Drawings
Elevations (Existing and New)
Main Level Plan
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Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development:
2. Property Owner Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
3. Applicant Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
4. Representative Information:
Name: E-mail Address:
Mailing Address:
Phone: FAX:
5. Legal Description:
6. Street Address:
7. Project Description:
8. Zoning Designation(s):9. Current Land Use(s):
10. Bozeman Community Plan Designation:
11. Gross Area:Acres: Square Feet: 12. Net Area:Acres: Square Feet:
The Distillery
121 West Main Street
Commercial B-3
Tasting Room and Distillery
Community Core
Jim Harris / Bozeman Spirits, LLC
Locati Architects - Laura Dornberger
1007 East Main Street
406-587-1139
ldornberger@locatiarchitects.com
CGS Group Ltd
PO Box 1128 Bozeman, MT 59771-1128
406-599-2370
jon@schnees.com
jrharris3@gmail.com
PO Box 6146, Bozeman, MT 59771
406-581-7777
TRACYS 1ST ADD, S07, T02 S, R06 E, BLOCK B, Lot 5 & 6
0.18 8,050 0.18 8,050
253
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(Site Plan Checklist – Prepared 12/05/03; revised 9/22/04)
SITE PLAN CHECKLIST
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following:
Design Review Board (DRB) Site Plan Review Thresholds Yes No
1. 20 or more dwelling units in a multiple household structure or structures
2. 30,000 or more square feet of office space, retail commercial space, service commercial space or
industrial space
3. More than two buildings on one site for permitted office uses, permitted retail commercial uses,
permitted service commercial uses, permitted industrial uses or permitted combinations of uses
4. 20,000 or more square feet of exterior storage of materials or goods
5. Parking for more than 60 vehicles
B. General Information. The following information shall be provided for site plan review:
General Information Yes No N/A
1. Location map, including area within one-half mile of the site
2. List of names and addresses of property owners according to Chapter 18.76, BMC (Noticing)
3. A construction route map shall be provided showing how materials and heavy equipment will
travel to and from the site. The route shall avoid, where possible, local or minor collector
streets or streets where construction traffic would disrupt neighborhood residential character
or pose a threat to public health and safety
4. Boundary line of property with dimensions
5. Date of plan preparation and changes
6. North point indicator
7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet
8. Parcel size(s) in gross acres and square feet
9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR),
with a breakdown by land use
10. Location, percentage of parcel(s) and total site, and square footage for the following:
a. Existing and proposed buildings and structures
b. Driveway and parking
c. Open space and/or landscaped area, recreational use areas, public and semipublic land,
parks, school sites, etc.
d. Public street right-of-way
11. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel
12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks,
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and non-employee parking spaces, existing and proposed, and total square footage
of each
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Page 4
General Information, continued Yes No N/A
13. The information required by Section 18.78.060.L, BMC (Streets, Roads and Alleys), unless
such information was previously provided through a subdivision review process, or the
provision of such information was waived in writing by the City during subdivision review of
the land to be developed, or the provision of such information is waived in writing by the City
prior to submittal of a preliminary site plan application
14. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping
15. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or structure(s)
b. Height above mean sea level of the elevation of the lowest floor and location of lot
outfall when the structure is proposed to be located in a floodway or floodplain area
c. Floor plans depicting location and dimensions of all proposed uses and activities
16. Temporary facilities plan showing the location of all temporary model homes, sales offices
and/or construction facilities, including temporary signs and parking facilities
17. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation
Plan)
18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC
(Supplementary Documents)
C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite
and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way,
unless otherwise stated:
Site Plan Information Yes No N/A
1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning
Director
2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to
major arterial streets where the distances shall be 200 feet
3. On-site streets and rights-of-way
4. Ingress and egress points
5. Traffic flow on-site
6. Traffic flow off-site
7. Utilities and utility rights-of-way or easements:
a. Electric
b. Natural gas
c. Telephone, cable television and similar utilities
d. Water
e. Sewer (sanitary, treated effluent and storm)
8. Surface water, including:
a. Holding ponds, streams and irrigation ditches
b. Watercourses, water bodies and wetlands
c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be
identified as lying within a 100-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey or other objective and factual
basis
d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman
Floodplain Regulations) if not previously provided with subdivision review
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Page 5
Site Plan Information, continued Yes No N/A
9. Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the Engineering Department, or in compliance
with any adopted storm drainage ordinance or best management practices manual adopted by
the City
10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated
into the storm drainage system for the property shall be designated:
a. The name of the drainageway (where appropriate)
b. The downstream conditions (developed, available drainageways, etc.)
c. Any downstream restrictions
11. Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features
12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details
and interrelationships with vehicular circulation system, indicating proposed treatment of
points of conflict
13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps,
parking spaces, handrails and curb cuts, including construction details and the applicant’s
certification of ADA compliance
14. Fences and walls, including typical details
15. Exterior signs. Note – The review of signs in conjunction with this application is only review
for compliance with Chapter 18.52, BMC (Signs). A sign permit must be obtained from the
Department of Planning and Community Development prior to erection of any and all signs.
16. Exterior refuse collection areas, including typical details
17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses,
containing a layout of all proposed fixtures by location and type. The materials required in
Section 18.78.060.R, BMC (Lighting Plan), if not previously provided
18. Curb, asphalt section and drive approach construction details
19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information
as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If
required, complete section C below
20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees
and shrubs having a diameter greater than 2.5 inches, by species
21. Snow storage areas
22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning
Jurisdiction, within or near the development
23. Existing zoning within 200 feet of the site
24. Historic, cultural and archeological resources, describe and map any designated historic
structures or districts, and archeological or cultural sites
25. Major public facilities, including schools, parks, trails, etc.
26. The information necessary to complete the determination of density change and parkland
provision required by Chapter 18.50, BMC, unless such information was previously
determined by the City to be inapplicable and written confirmation is provided to the
applicant prior to submittal of a preliminary site plan application. If a new park will be created
by the development, the park plan materials of Section 18.78.060.P, BMC shall be provided.
27. Describe how the site plan will satisfy any requirements of Section 17.02, BMC (Affordable
Housing) which have either been established for that lot(s) through the subdivision process or
if no subdivision has previously occurred are applicable to a site plan. The description shall be
of adequate detail to clearly identify those lots and dwellings designated as subject to Title 17,
Chapter 2, BMC compliance requirements and to make the obligations placed on the affected
lots and dwellings readily understandable.
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Page 6
D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan:
Landscape Plan Information Yes No N/A
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan
2. Location of existing boundary lines and dimensions of the lot
3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, driveways and sidewalks on the lot and/or adjacent to the lot
4. Project name, street address, and lot and block description
5. Location, height and material of proposed screening and fencing (with berms to be delineated
by one foot contours)
6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and type of
all existing trees on the lot over 6 inches in caliper must be specifically indicated
8. Complete illustration of landscaping and screening to be provided in or near off-street parking
and loading areas, including information as to the amount (in square feet) of landscape area to
be provided internal to parking areas and the number and location of required off-street
parking and loading spaces
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water
features
11. A description of proposed watering methods
12. Location of street vision triangles on the lot (if applicable)
13. Tabulation of points earned by the plan – see Section 18.48.060, BMC (Landscape
Performance Standards)
14. Designated snow removal storage areas
15. Location of pavement, curbs, sidewalks and gutters
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control
17. Existing and proposed grade
18. Size of plantings at the time of installation and at maturity
19. Areas to be irrigated
20. Planting plan for watercourse buffers, per Section 18.42.100, BMC (Watercourse Setbacks), if
not previously provided through subdivision review
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls
258
Page 3
(Certificate of Appropriateness Checklist 2 – Prepared 11/25/03; revised on 9/8/04)
CERTIFICATE OF APPROPRIATNESS CHECKLIST 2
If a project is located in the Neighborhood Conservation Overlay District or the Entryway Corridor Overlay District, and
DOES NOT qualify for review as a Sketch Plan; Reuse, Change of Use or Further Development of a Site Developed Before
9-3-91; or Amendment/Modification of a Plan Approved On or After 9-3-91, this checklist shall be used. See Section
18.34.050 (Sketch Plan Review), Section 18.34.150 (Amendments to Sketch and Site Plans) or Section 18.34.170 (Reuse,
Change in Use or Further Development of Sites Developed Prior to the Adoption of the Ordinance Codified in This Title),
BMC.
These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable)
must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant.
A. Neighborhood Conservation Overlay District. If a proposed development is located in the Neighborhood
Conservation Overlay District, information shall be provided to the appropriate review authority to review prior to
granting or denying a certificate of appropriateness. The extent of documentation to be submitted on any project shall
be dictated by the scope of the planned alteration and the information reasonably necessary for the appropriate review
authority to make its determination. At a minimum, the following items shall be included in the submission:
Neighborhood Conservation Overlay District Information Yes No N/A
1. One current picture of each elevation of each structure planned to be altered and such
additional pictures of the specific elements of the structure or property to be altered that will
clearly express the nature and extent of change planned. Except when otherwise
recommended, no more than eight pictures should be submitted and all pictures shall be
mounted on letter-size sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information
2. Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration
3. Materials and color schemes to be used
4. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
5. A schedule of planned actions that will lead to the completed alterations
6. Such other information as may be suggested by the Planning Department
7. Description of any applicant-requested deviation(s) and a narrative explanation as to how the
requested deviation(s) will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community
B. Entryway Corridor Overlay District. If a proposed development is located in the Entryway Corridor Overlay District,
information shall be provided to the appropriate review authority to review prior to granting or denying a certificate
of appropriateness. The extent of documentation to be submitted on any project shall be dictated by the scope of the
planned alteration and the information reasonably necessary for the appropriate review authority to make its
determination. At a minimum, the following items shall be included in the submission:
Entryway Corridor Overlay District Information Yes No N/A
1. Plans, sketches, pictures, specifications and other data that will clearly express the applicant’s
proposed alterations
2. Such other information as may be suggested by the Planning Department
3. If the proposal includes an application for a deviation as outlined in Section 18.66.050
(Deviations), BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will produce, so as
to enable the City Commission to make the determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards, and will be consistent with the intent and purpose of Chapter 18.30 (Entryway
Corridor Overlay District), BMC.
259
The Distillery Development Review Application
121 West Main Street March 13, 2013
Bozeman, MT 59715
LIST OF ADJOINING PROPERTY OWNERS
High Country Mall LLC
P.O. Box 127
Harrison, MT 59735
Baxter Homeowners Association
Baxter HOA C/O Grubb & Ellis
Bozeman, MT 59719
Baxter Main LLC
105 West Main St
Bozeman, MT 59718
Roger & Norma Craft
1100 Mountain Ash Ave
Bozeman, MT 59718
David Loseff
210 S Grand Ave
Bozeman, MT 59715
Gallatin Council on Health & Drugs
128 W Mendenhall St
Bozeman, MT 59715
CGS Group Ltd
P.O. Box 1128
Bozeman, MT 59771
260
The Distillery Development Review Application
121 West Main Street March 13, 2013
Bozeman, MT 59715
Tyler & Carla Hill
1417 S 5th Ave
Bozeman, MT 59715
T & ME LLC
1417 S 5th Ave
Bozeman, NT 59715
Downtowner Group LLC
1627 W Main St Ste 223
Bozeman, MT 59718
IB Property Holdings LLC
4425 Ponce de Leon Blvd
Coral Gables, FL 53146
J&D Family LMTD Partnership
270 Automotive Ave
Bozeman, MT 59718
West Main Holdings LLC
P.O. Box 206
Bozeman, MT 59771-0206
M5 Montana LLC
129 Palette Ct
Bozeman, MT 59715
261
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST
I, , hereby certify that, to the best of my
knowledge, the attached name and address list of all adjoining property owners (including all individual
condominium owners) within 200 feet of the property located at
, is a true and accurate list from the last declared Gallatin County tax
records. I further understand that an inaccurate list may delay review of the project.
Signature
(Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06)
Laura Dornberger
121 West Main Street, Bozeman, MT
262
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE
On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the
Bozeman Municipal Code. This new ordinance contains the following requirement:
Section 2.82.020, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and
Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in
2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written
notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines
(BMC 18.76) require that notice be posted “on-site”, published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and
Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City
Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete
application.
I, , hereby certify that I have delivered via certified mail, e-
mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known
as in compliance with Section 2.82.02 of the
Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete
and may result in a delay in the review of this project.
Signature Date
(Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08)
Laura Dornerger
The Distillery, 121 West Main Street, Bozeman, MT
March 11, 2013
263
The Distillery Development Review Application
121 West Main Street March 13, 2013
Bozeman, MT 59715
NARRATIVE
Locati Architects has developed a tenant improvement plan for the development of the site at 121
West Main Street. The site will consist of a distillery and tasting room. There are minor changes
proposed to the exterior of the existing building. These changes include a new cover on the
existing awning, replacement of several east transom windows, and the addition of a rollup door in
a previously blocked-out section within the brick wall on the back half of the east elevation.
We are excited about continued growth within the Bozeman community and look forward to
providing a site that both the City of Bozeman and we can be proud of.
Project Schedule:
Planning Development Review Application submittal March 2013
Building Department Application May 2013
Tenant Improvement Construction June – July 2013
Approximate Opening Date August 2013
264
Barnard Companies Development Review Application
701 Gold Avenue March 6, 2013
Bozeman, MT 59715
SITE AND PARKING CALCULATIONS (Zoning B-3)
Square Footage
Site: 8,050 SF; 0.18 acre
Tenant Improvement: 3,080 SF;
Site Plan Square Footage % of Site
Structures 5,640 70%
Driveway & Parking 2,410 30%
Open/ Landscaped Space 0 0%
Parking
Floor Area = 85% x gross SF
Parking Required: 1 space per 50 SF indoor serving area
1 space per 250 SF office
1 space per 1,000 SF storage/ handling of bulk goods
Tasting Room 1,186 SF x 85% = 1,008 SF /50 = 20.16 spaces
Office 160 SF x 85% = 136 SF /250 = 0.54 spaces
Bottling/ Storage 1,104 SF x 85% = 983.4 / 1,000 SF = .98 spaces
Adjustments to minimum requirements
First 3,000 gross SF of nonresidential within B-3 district not required to provide parking
No parking required.
265
266
267
268
269
270
271
The Distillery
121 West Ma
Bozeman, M
SITE AND P
Revised 3/2
Square Foo
S
T
V
Parking
F
P
Parki
F
Parking
Distillery
T
O
B
R
P
R
Vacant T
8
2
R
P
R
Parking
y
ain Street
T 59715
PARKING C
28/13
otage
Site:
Tenant Impro
Vacant Tenan
Site
Stru
Driveway
Open/ Land
Required
loor Area =
Parking Requ
ng Adjustme
irst 3,000 gr
Calculation
TI
Tasting Room
Office
Bottling/ Stora
Required Pa
Parking Adjus
Revised Req
TI Space
0% Retail flo
0% Storage
Required Pa
Parking Adjus
Revised Req
Provided
2.9 sp
NO ad
CALCULATI
ovement:
nt Space:
e Plan
uctures
y & Parking
scaped Spa
85% x gross
uired:
ent
ross SF of no
ns
m
age
arking
stment
quire Parkin
oor area
arking
stment
quire Parkin
paces provid
dditional Pa
ONS (Zonin
8,050 S
3,080 S
2,557 S
Sq
ace
s SF
1 space
1 space
1 space
1 space
onresidentia
1,186 S
160 SF
1,104 S
21 spa
1,640 S
ng 1,640 S
688 SF
2,045 x
512 x 8
6 spac
1,360 S
ng 1,360 S
1 spac
ded by SID
arking Requ
ng B-3)
SF; 0.18 acre
SF;
SF;
quare Foota
5,637
2,410
0
e per 50 SF
e per 250 SF
e per 1,000
e per 300 SF
al within B-3
SF x 85% =
F x 85% = 13
SF x 85% = 9
ces
SF parking n
SF – 1,186 S
F /1,000 SF =
x 85% = 1,73
85% = 435 S
es
SF parking n
SF – 2,045 S
e
uired
De
e
age
indoor servi
F office
SF storage/
F retail spac
district not r
1,008 SF /50
36 SF /250 =
983.4 / 1,00
not required
SF – 160 – 1
= 1 space
38 SF /300 S
SF /1,000 SF
not required
SF = 685 SF
evelopment
% of
70
30
0
ing area
/ handling of
ce
required to p
0 = 20.16 sp
= 0.54 space
00 SF = 0.98
1,104 SF = 8
SF = 5.79 sp
F = 0.43 spa
F x 85% = 58
Review App
March
f Site
0%
0%
0%
f bulk goods
provide park
paces
es
8 spaces
810 SF x 85%
paces
ces
82 SF /300 S
lication
6, 2013
king
% =
SF =
272
273