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Z14013, Staff Report for the Stuart Mill Commercial Conditional Use Permit
Date: City Commission public hearing is on March 17, 2014
Project Description: Stuart Mill Conditional Use permit to allow the construction of a
micro brewery with tasting room and related site improvements on a parcel of vacant
property located on the northeast side of N. 27th Avenue across from Warbler Way,
at 2876 N. 27th Avenue, Application Z14030.
Project Location: Lot 5, Block 4, Cattail Creek Subdivision, Phase 1, NW1/4, Sec. 35, T.1S. R. 5E. of PMM, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code provisions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for application Z14013 and move to approve the conditional use permit with conditions and subject to all applicable code provisions.
Report Date: Tuesday, March 11, 2014
Staff Contacts: Doug Riley, Senior Planner
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
This Conditional Use Permit (CUP) application involves a request to construct and operate a
micro brewery and attached tasting room and related site improvements on a piece of vacant
property located on the northeast side of N. 27th Avenue across from Warbler Way. This use
is allowed in the M-1, Light Manufacturing zoning district with approval of a CUP by the
City Commission 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 6,679 square foot facility with a 2,599 square foot)
tasting room and outdoor patio area for retail sales.
The DRC, at their February 19, 2014 meeting, voted unanimously to recommend approval of
the application with the conditions and code provisions identified in this report.
No public comment has been received in regards to this application.
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Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. 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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES ........................ 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ................. 8
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 6 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 8
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC .............. 12
APPENDIX A –ADVISORY CODE CITATIONS ............................................................... 14
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ............................... 19
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 20
APPENDIX D – NOTICING AND PUBLIC COMMENT ................................................... 20
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ............................ 20
FISCAL EFFECTS ................................................................................................................. 20
ATTACHMENTS ................................................................................................................... 20
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SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses:
North: Commercial/Mixed Use; zoned “M-1” (Light Manufacturing District)
South: (Across N. 27th Avenue): Residential; “R-O” (Residential-Office District)
East: Commercial/Vacant; zoned “B-2” (Community Business District)
West: Commercial/Mixed Use; zoned “M-1” (Light Manufacturing District)
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Proposed Site Plan
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SECTION 2 –REQUESTED RELAXATION/DEVIATIONS/VARIANCES
No relaxations/deviations or variances have been requested as part of this application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in
this report. These conditions are specific to the project.
Recommended Conditions of Approval:
Department of Community Development:
1. As recommended by the City Forester, the applicant shall amend the final landscaping
plan to diversify the species of boulevard trees to be planted along N. 27th Avenue in
order to provide variety and diminish the potential impacts of disease. The selected trees
shall comply with the approved street tree species as currently allowed by the Department of Public Works. 2. 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.
3. 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.
4. 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.
5. Any expansion of this use or facility is not permitted unless reviewed and approved as
required under the applicable regulations of the BMC. Any future uses or structures proposed within the “potential future storage structure” area will require review and approval by the Department of Community Development.
6. 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.
Engineering Department:
7. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing
Code shall be installed with any development responsible for food preparation. In
accordance with Municipal Code, on-site maintenance and interceptor service records
shall be kept on a regular basis and made available to the City upon request. 8. Any water/sewer service line not utilized by this development shall be abandoned.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAN
CORRECTIONS
A. The bike rack (Detail a1.1) shall be replaced with an approved bike rack style in
conformance with the City’s Transportation Plan as required in Section 38.25.040.A.5.a.
BMC.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Stuart Mill Commercial Conditional Use Permit
File: Z14013
The DRC reviewed the application on February 5, 12 and 19, 2014 and completed the review
with a recommendation of conditional approval. This formal application follows an informal
application that was submitted and reviewed by the DRC in November of 2013. The
applicant submitted an informal review application through the Development Review
Committee (DRC) to evaluate two different site plan design scenarios. The site plan
presented in this application, with one access point to N. 27th Avenue, conforms to DRC
comments on the site layout.
The City Commission is scheduled to hold a public hearing and review the application at
their March 17, 2014 meeting.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis in this report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
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.
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy
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. See also Appendix B.
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2. Conformance to this chapter, including the cessation of any current violations
The project is generally conforming to the standards as presented and will comply fully with
identified conditions and code requirements. There are no current violations existing on the
subject property.
3. Conformance with all other applicable laws, ordinances, and regulations
No non-conformities are identified. Some additional steps are required to demonstrate
compliance as the project moves forward. Applications for final plan(s), building permits and
storm water permits will be made in due time. All permits must be in hand before
construction will be approved. Appendix A has advisory information to help ensure these are
not forgotten.
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 area’s other commercial/industrial uses as well as the
residential uses to the southwest across N. 27th Avenue. The application conforms to the
required watercourse setback and landscaping requirements along the east boundary of the
site due to the presence of Catron Creek on the adjacent property.
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions
Vehicular access to the site is via one access point to N. 27th Avenue and the site has been
designed to accommodate on-site maneuvering for larger trucks in order to alleviate potential
impacts to N. 27th Avenue by vehicles backing into the street or unloading from the street.
The site plan incorporates the required amount of on-site parking based on the proposed use
and incorporates the required accessible parking spaces and provisions for compact vehicle
parking as required by code.
6. Pedestrian and vehicular ingress and egress
Pedestrian ingress and egress is provided to the site by the proposed construction of a five foot sidewalk along the N. 27th Avenue frontage. A sidewalk connection to the building is
proposed on the north side of the proposed drive access to the sidewalk that abuts the south
and west sides of the building. There is an existing trail along the east side of Catron Creek
and when the intervening sidewalk is completed between this property and the property to the
east, pedestrian access to this trail will also be directly available.
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
The proposed landscaping meets the minimum landscaping performance points and
mandatory landscape standards. This includes required landscaping for the watercourse
setback area and the screening of the parking areas with a combination of berms and
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landscaping. The City Forester, as noted in condition 1, has recommended that the final
landscaping plan be amended to diversify the species of boulevard trees to be planted along
N. 27th Avenue in order to provide variety and diminish the potential impacts of disease. The
selected trees shall comply with the approved street tree species as currently allowed by the
Department of Public Works.
8. Open space
As a commercial/industrial project, there are no specific open space or parkland
requirements. The presence of Catron Creek, and the required 50 foot watercourse setback,
on the east side of the site provides a significant amount of open space on the east side of the
project.
9. Building location and height
The building has been placed on the east side of the site to take advantage of the deepest part
of the irregularly shaped lot. With a maximum building height of 31 feet, the proposed
building is within the 45 foot maximum height allowance for the M-1 zoning district.
10. Setbacks
The proposal complies with all applicable setbacks.
11. Lighting
No lighting details were provided with the preliminary site plan application. Lighting details
shall be provided with the final site plan application/materials and staff has cited several code
provisions that apply to this criteria.
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
The site generally drains from south to north. The applicant has preliminarily designed three
small retention areas to handle the site surface drainage from the parking areas and building.
The City Engineering Department has reviewed the surface drainage and stormwater
provisions for the project. A final grading and drainage plan, and stormwater permitting, is
required with the final plan application.
14. Loading and unloading areas
As previously noted, the site has been designed to accommodate on-site loading/unloading
with turnaround provisions on the north side of the site to avoid any negative impacts to N.
27th Avenue.
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15. Grading
The final grading plans will be reviewed as part of the final site plan materials as noted in the
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 provisions.
17. Screening
As an M-1, light industrial use outside of an established entryway corridor, no specific
screening is required other than for the parking areas, due to the presence of residential uses
on the opposite side of N. 27th Avenue, and mechanical equipment. The landscaping plan
details the screening of the parking lots with a combination of berms and landscaping. The
other required landscaping elements, including the watercourse setback, parking lot islands
and stormwater detention facility landscaping will enhance the visual aspects of the site.
Rooftop and ground mounted mechanical equipment must be screened per the BMC. This
item is addressed under the advisory code provisions.
18. Overlay district provisions
Not applicable as this site is not located within an established entryway corridor.
19. Other related matters, including relevant comment from affected parties
As of the writing of this report, no public comment has been received in response to the
noticing of this project. Any public comments received following the writing of 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 of the Bozeman Municipal Code.
Not applicable.
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22. Phasing of development
Not applicable. The project is proposed to be constructed in one phase. As noted in
recommended condition 5, any expansion of this use or facility is not permitted unless
reviewed and approved as required under the applicable regulations of the BMC. Any future
uses or structures proposed within the “potential future storage structure” area will require
review and approval by the Department of Community Development.
Applicable Conditional Use Permit Review Criteria, Section 38.19.100, BMC
E. In addition to the review criteria of section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to
accommodate such use, and all yards, spaces, walls and fences, parking, loading and
landscaping are adequate to properly relate such use with the land and uses in the
vicinity;
The site is adequate in size and topography to accommodate the use and the project
appropriately relates to the other land and uses in the vicinity. Staff incorporates the plan
review findings presented above in Section 38.19.100 as supporting evidence.
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 identified any hazards to the public health and safety and finds that the
application generally complies with the Bozeman Municipal Code as conditioned.
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 and correction of the identified code provisions, staff finds that the proposed use
will have no material adverse effect upon abutting properties unless evidence presented at the
public hearing proves otherwise.
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3. That any additional conditions stated in the approval are deemed necessary
to protect the public health, safety and general welfare. Such conditions may include,
but are not limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended conditions of approval and findings within this report. Several of these are
standard conditions of approval that the City has consistently applied to alcohol serving
establishments and conditional use permits.
F. In addition to all other conditions, the following general requirements apply to
every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional use permit
procedure; and
2. That all of the conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the county clerk and recorder's office by the
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property owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final site plan.
APPENDIX A –ADVISORY CODE CITATIONS
The following code provisions are identified for informational purposes as the project moves
forward. These will need to be addressed as part of the final site plan application or other
process step.
Department of Community Development:
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 BMC, 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. For the applicant’s information. Requirement to
avoid windblown construction materials leaving the site and impacting adjacent
properties.
b) Section 38.19.120 BMC 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 Department of
Community Development. For the applicant’s information. Requirement in order to
complete the entitlement process prior to the submittal/issuance of a building permit.
• If occupancy of any structure 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. For the applicant’s
information. Outlines the improvement agreement provisions of the code if
necessitated at time of occupancy.
c) Section 38.19.120 BMC 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).
For the applicants information.
d) Section 38.19.160 BMC 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. For the applicant’s
information.
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e) Section 38.21.050.F BMC 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.” For the applicant’s information, final screening details shall be provided
with the final plan application/materials.
f) The on-site storm water retention features shall be designed and constructed as
landscape amenities under the requirements of Section 38.23.080.H. BMC. 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 materials. Code
requirement. For the applicant’s information.
g) The final site and landscaping plan shall comply with the watercourse setback and
planting plan requirements of Section 38.23.100 BMC. For the applicant’s information, final setback and landscaping details shall be provided with the final plan application/materials for verification.
h) Section 38.23.150 BMC requires a lighting plan for all on-site lighting including all
building mounted lights and must be included in the final site plan submittal.
38.23.150.D.7.e states that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent and public rights-of-way. For the applicants information as no lighting
details were provided with preliminary site plan application. Lighting details shall be
provided with the final plan application/materials.
i) Section 38.23.150.D.7.a BMC 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. For the applicant’s information as no lighting details
were provided with the preliminary site plan application. Lighting details shall be provided with the final plan application/materials.
j) Section 38.23.150.D.7.c BMC 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. For the applicant’s information.
k) Section 38.23.170 BMC outlines the requirements for trash enclosures. Temporary
storage of garbage, refuse and other waste materials shall be provided for every use,
other than single-household dwellings, duplexes, individually owned town house or
condo units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings unless alternative provisions are made to keep trash containers inside the garage in which case an explanation of how trash is dealt with shall be
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provided in the written narrative accompanying your final site plan. The size of the trash
receptacle shall be appropriately sized for the use and approved by the City Sanitation Department. Accommodations for recyclables must also be considered. All receptacles shall be located inside of an approved trash enclosure. A copy of the site plan,
indicating the location of the trash enclosure, dimensions of the receptacle and enclosure
and details of the materials used, shall be sent to and approved by the City Sanitation
Division (phone: 582-3238) prior to site plan approval. (i.e. written approval from local waste services for the removal of solid waste and/or provisions for screening of collection areas shall be provided with the final site plan). For the applicant’s
information, Code requirement. Complete details/dimensions, etc. for the trash
enclosure were not provided with the preliminary site plan.
l) 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 BMC. This signage shall be noted on the final site
plan. For the applicant’s information. The applicant may also provide one sign on
each end of the compact parking spaces with directional arrows in order to avoid
multiple signs.
m) Section 38.28.060 BMC outlines the amount of permitted signage for the property. A Sign Permit shall be reviewed and approved by the Department of Community
Development prior to the construction and installation of any on-site signage for the
business. For the applicant’s information as no signage details were provided with
the preliminary site plan application.
n) Section 38.34.100 BMC 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 Director of
Community Development. For the applicant’s information.
o) Section 38.39.030 BMC 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. For
the applicant’s information. Certifications that are required prior to occupancy approval. p) Article 26 and Section 38.41.100 BMC state that the final landscape plan must meet all
of the minimum landscape standards, fulfill the necessary points and be signed and
certified by a landscape professional. For the applicant’s information, Code
requirement.
q) 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
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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. For the applicant’s information.
r) 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; 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. For the applicant’s
information.
Engineering Department:
s) Section 38.41.080.2.g.9 BMC requires a grading and drainage plan, including provisions
for on-site retention/detention and water quality improvements 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. 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.
t) A Stormwater Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an
application form, the appropriate fee, and a Storm Water Management Plan in
compliance with the City of Bozeman’s Storm Water Management Ordinance #1763.
The SMP is independent of any other storm water permitting required from the State of
Montana. A State of Montana Storm Water Pollution Prevention Plan (SWPPP) may be
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submitted instead of a City of Bozeman SMP, however the City of Bozeman fees still
must be submitted. All necessary City of Bozeman forms and permits can be found on
the City’s website at www.bozeman.net.
u) 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.
Plans and specifications for fire service lines must be a separate, stand alone
submittal meeting the requirements of the COB design standards for fire lines.
They cannot be part of infrastructure or final site plan sets.
v) Section 38.41.080.g.7 BMC requires Sewer and water services shall be shown on the
Final Site Plan and approved by the Water/Sewer Superintendent. City of Bozeman
applications for service shall be completed by the applicant.
w) Section 34.04.010 BMC requires City standard sidewalk to be installed and properly
depicted at the standard location (i.e. 1 foot off property line) along the street(s) frontage.
Any deviation to the standard alignment or location must be approved by the City
Engineer.
x) Section 38.25.020.J BMC outlines the provisions for concrete curbing for any proposed
parking lot. Concrete curbing shall be provided around the entire new parking lot
perimeter and adequately identified on the final site plan per section 38.41.080.g.17.
y) Adequate snow storage area must be designated outside the sight triangles, but on the
subject property (unless a snow storage easement is obtained for a location off the
property and filed with the County Clerk and Recorder's office).
z) Section 38.24.100 BMC outlines the requirements for drive approach and public street
intersection sight triangles. All sight triangles shall be free of obstructions, including
plantings which at mature growth will obscure vision within the sight triangle.
aa) Section 38.41.080.g.11 BMC requires the drive approach to be constructed in accordance
with the City’s standard approach (i.e. concrete apron, sidewalk section, and drop-curb)
and shown as such on the final site plan.
bb) All trees must be at least 10 feet from any public utilities or service lines. All public
utilities and services lines must be shown on the final landscaping plan.
cc) Section 38.41.020 BMC outlines additional permits that may be required beyond what is
administered by the City. The Montana Fish, Wildlife & Parks, Natural Resources
Conservation Services, Montana Department of Environmental Quality, and Army Corps
of Engineer's shall be contacted regarding the proposed project and any required permits
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(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan
approval.
dd) The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 38.39.020.A.1
BMC. This shall be submitted as part of the final site plan for site developments, or with
the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to
ensure that the construction traffic follows the approved routes.
ee) All construction activities shall comply with section 38.39.020.A.2 BMC. 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.
ff) Section 40.03.1120 BMC outlines the requirements for a pretreatment program sanitary
sewer survey. The survey shall be completed by the applicant and submitted to the
Engineering Department prior to final site plan approval.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and 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.
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.
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APPENDIX C – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
A Conditional Use Permit application to construct and operate a commercial brewery and
attached tasting room and related site improvements on a 1.322 acre vacant lot located on the
northeast side of N. 27th Avenue across from Warbler Way. 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 6,679 square foot facility with a
2,599 square foot tasting room and outdoor patio area for retail sales.
The subject lot was platted in 2002 as part of the Cattail Creek, Phase 1 Subdivision and has
remained vacant.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Noticing was provided at least 15 and not more than 45 days prior to the expected decision by
the City Commission. No public comment has been received to date.
APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF
Owner: Stuart Mill Properties, LLC, 3309 Sundance Drive, Bozeman, MT 59715
Applicant/Representative: Visser Architects, PC, 163 Quiet Water Way, Manhattan, MT
59741
Report By: Doug Riley, Senior Planner and Dustin Johnson, Development Review Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this conditional use permit application.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
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