P&Z Public Meeting Packet

TANEY COUNTY PLANNING COMMISSION
P. 0. Box 383 • Forsyth, Missouri 65653
Phone: 41 7 546-7225 I 7226 • Fax: 41 7 546-6861
website: JVWlJJ. taneycounty. org

AGENDA

TANEY COUNTY PLANNING COMMISSION

PUBLIC HEARING

TUESDAY, NOVEMBER 13, 2012, 6:00 P.M.

COUNTY COMMISSION HEARING ROOM

TANEY COUNTY COURTHOUSE

Call to Order:
Establishment of Quorum
Explanation of Meeting Procedures
Presentation of Exhibits

Public Hearing:
Copper Run Distillery

Old and New Business:
Dave Fauce~ Southwest Missouri Council of Governments
Suitability Analysis

Adjournment.
 TANEY COUNTY
PLANNING COMMISSION

TY DIVISION Ill SPECIAL-USE PERMIT
STAFF REPORT
HEARING DATE: November 13, 2012

CASE NUMBER: 2012-0019

PROJECT: Copper Run Distillery - Liquor Sales by-the-Drink

APPLICANT: James Blansit

LOCATION: The subject property is located at 1901 Day Road ,
Walnut Shade, MO; Jasper Township; Section 7,
Township 24, Range 21.

REQUEST: The applicant, James Blansit is requesting the
approval of a Division Ill Special-Use Permit in order
to allow for the sale of alcoholic beverages by-the-
drink, exceeding a 12% alcoholic content.

BACKGROUND and SITE HISTORY:
On May 19, 2008 the Planning Commission approved Division Ill Permit# 2008-0031
authorizing the construction of a 2,016 square foot building with a cellar, to be utilized
for the production of distilled spirits, at 1901 Day Road , Walnut Shade, MO. The
Copper Run Distillery holds one of nearly 300 distilled spirits plant licenses nationwide
and is among four (4) in Missouri, according to the American Distilling Institute. The
Copper Run Distillery has received authorization from the Missouri Division of Alcohol &
Tobacco Control, for the production , and the wholesale and retail sales of distilled
spirits; as well as a separate liquor license for the sales of liquor by the drink. During
the May 12, 2008 Public Hearing, the applicant indicated to the Planning Commission
that the proposed use would not involve the sales of alcoholic beverages by-the-drink.
At that time, the applicant had obtained a license allowing for both wholesale and retail
distribution but a license was not originally obtained for alcohol sales by-the-drink.
However, as a part of this original Division Ill Permit, free tasting was to be allowed for
the purpose of purchasing the distilled spirits by the bottle or barrel.
The applicant is now requesting the approval of a Division Ill Special-Use Permit in
order to allow for the sale of alcoholic beverages by-the-drink, exceeding a 12% alcohol
content. On August 9, 2012 Division II Permit# 2012-0015 was issued for the
construction of 360 square foot front porch addition and on September 6, 2012 Division
II Permit# 2012-0017 was issued for the construction of 2,376 square foot rear patio
addition, in order to allow for a new outdoor seating area.
The current application was approved for Concept on October 15, 2012 .

Division III (Special-Use Permit) Staff Report- Copper Run Distillery- Liquor Sales by-the-drink- 2012-0019
Page 1
GENERAL DESCRIPTION:

The approximately 1 .4 acre meets and bounds described parcel of property (per the
Assessor's information) contains the existing Copper Run Distillery. The applicant is
also leasing the approximately 7.9 acre adjoining parcel of property under the
ownership of the Blansit Family Trust, which is being utilized as the customer parking
area for the business.
The Copper Run Distillery is open to the general public from 10:00 AM to 7:00 PM
Monday through Saturday and 11 :00 AM to 7:00 PM on Sunday. The business is open
for private events from 7:00PM to 12:00 Midnight, primarily on the weekends. A
number of acoustical music groups perform indoors, primarily on weekend afternoons.

REVIEW:

The Taney County Development Guidance Code states that, "Any business, operation,
or establishment that sells alcoholic beverages by-the-drink and which exceed a 12%
alcoholic content shall be required to acquire a Special-Use permit." This requirement
does not apply to package liquor sales or by-the-drink sales that do not exceed 12%
alcohol content.
The Copper Run Distillery is in compliance with the provisions of Section 4.6.1 .
(Alcoholic Beverage Sales), in which the establishment must be at least 1000 feet
from any school or church,
The property is currently served by a private well and an on-site wastewater treatment
system. Scott Starrett, Taney County On-site Wastewater Permit personnel has issued
a letter indicating that, "After research on your past permit # 08-084 and an onsite visit I
have determined you should have a satisfactory onsite system for the use you are
presently asking for from the Taney County Planning."
The Western Taney County Fire District has indicated that the Copper Run Distillery will
have a maximum seating capacity for 51 people. The existing parking area will contain
at least 19 parking spaces, meeting the requirements of the Taney County Development
Guidance Code, which requires 1 parking space for every 3 fixed seats and/or 30
square feet of assembly area, plus 1 space for every 2 employees on the largest work
shift (approximately '19 required spaces, total).
The project received a total score of -7 on the Policy Checklist, out of a maximum
possible score of 59. The relative policies receiving a negative score consist of right-of-
way on existing roads , emergency water supply, solid waste disposal service, utilities
and traffic.

Division III (Special-Use Permit) Staff Report- Copper Run Distillery- Liquor Sales by-the-drink- 2012-0019
Page2
SUMMARY:

If the Taney County Planning Commission approves this request, the following
requirements shall apply, unless revised by the Planning Commission:

1. Compliance with the provisions of the Taney County Development Guidance
Code.

2. Compliance letters from the Western Taney County Fire Protection District and
the Taney County Health Department; including all other entities which have
requirements governing a development of this nature shall be provided to the
Planning Department office (Chapter VI-VII) .

3. No outside storage of equipment or solid waste materials.
4. This decision is subject to all existing easements.
5. A twenty-five (25) foot wide vegetative buffer shall be maintained between the
distillery structure and the adjoining residence to the north-east.
6. If music, whether live or reproduced, is used for entertainment the sound levels
shall not be such as to be a nuisance to any existing residences.
7. All light sources within the facility shall be arranged so that no direct illumination
leaves the site toward adjacent residential areas or any roadways.

8. The Copper Run Distillery shall be open to the general public from 10:00 AM to
7:00PM Monday through Saturday and 11:00 AM to 7:00PM on Sunday. The
business shall be open for private events from 7:00PM to 12:00 Midnight.
9. This Decision of Record shall be filed with the Taney County Recorder's Office
within 120 days or the approval shall expire (Chapter Ilitem 6).

Division III (Special-Use Permit) Staff Report- Copper Run Distillery- Liquor Sales by-the-drink- 2012-0019
Page 3
 TANEY COUNTY PLANNING COMMISSION
P. 0 . Box 383 e Forsyth, Missouri 65653
Phone: 417 546-7225/7226 • Fax: 417 546-6861
website: www. taneyc01mty. org

10/25/2012
James Blansit
1935 Day Road
Walnut Shade, Mo 65771

Mr. Blansit,
After research on your past permit #08-084 and an onsite visit I have determined you should
have a satisfactory onsite system for the use you are presently asking for from the Taney County
Planning. With an estimated SGPD per seat and a 50 seat capacity you would have a daily flow of 250
gallons per day. 250 GPO I .4 soil absorption rate (the soil had a suitable rating of .4 to 56")= 625 sq ft of
trench. Permit# 08-084 shows 630 sq ft of trench bottom. This was confirmed with an onsite visit and
conversation with Mr. Blansit on 10/24/2012.
If more uses or a major expansion is planned in the future you may need to plan on expanding
your waste water system or add a separate system to accommodate this. Good luck on your new
progress and call if you have future concerns or questions.

Scott Starrett
On-site Wastewater Permits
Division 1&11 Inspector
Code Enforcer
Taney County Planning
(417) 546-7225
5

Land Lease for Parking

Tl!IS LEA..-;1: made and entered mto as of rh1s 1"
day ofJul) 2012, between Blansit Family Tntst,
referred to as "Lmdlord'' and Copper Run Distillef} LLC, a .\lissouri ltmitcd liability company,
referred to as "Tenant."

In cons1deration of the terms, covenants and conditwns hereof, Landlord ,md Tenant co\·enant and
r~gree that all previous leases l1ttYe betn terminated ;md their relationship with respect to the leased
Property shall be as follows:

1. PROPERTY. Landlord le-ases to Tcn<Ult, and Tcn<Ulr leases from Landlord, that certain
Property described as follows:
7.90 acres of land described as Tract 2 in a deed recorded in Book 2010
Page 47614 in the Taney County Land Records, as depicted on Exhibit A

2. TERM AND RENEWAL. Tl1e term of this Lease shall commence on the
Commencement Date of _July 1, 2012. The term of this lease shall termtnate at the end of the 60"'
full month after the Commencement Date.

Th1s lease may be renewed for one addittonal 5-year term at a rent egua1 to 11 0°o of the rent
described in Section 3 below.

3. RENT. For the mtttal term of th1s Lease, beginmng on the Commencement Dare, Tenant
agree<: to p<1Y Landlord, the sum ofS per year. Tenant's premiums for insurance and
obligation lf) pay ad ,·alorem taxes shall be considered as addinonal rent, though pavablc to third
parties hy Tenant.

4. LATE CHARGES. IfTenanr shall tail t(l pay any renl \vhen the same is due and payable,
or ;m;. other amounts or charges due to I .andlord under the tC'rms of this J.ease, then Temmt agrees
to pay late charges as follows: If rent is not recei,·ed by the Sth da, of the respective month, then a
late ch<ugc of S:iO will be assessed on the 5th d;1;.· of each month, and ~:10 per day will accru('
thereafter until payment is made in full.

5. USE OF PROPERTY BY TENANT. Tenant shall usc the Proper!)' solely for the
purpose of parking for Tenant's adjacent distillery and related signilge and lighting.

Tenant shall not perform any <let;; or C1fiT on any practtces that 1Th'1)' injure the all or 'my part of the
Propert) or be a nUisance or menace to lawful activities on neighboring properties. Tenant shall not
pcrm1t rhc Property to be used many way th;lt would, 111 the opinion nf the Ltndlord. be hazardous
or would in any way increase insurance premiums for rhc Prnpcrty.

6. FIXTURES AND ALTERATIONS. Tenant may, ;1t tts O\\ n cost and expense \vith
l .andlnrd's dpproval, install nushed rock, pm·mg, dr;u.nage t:tcilities, GH stops, and signs. Tenant
shall present to Landlord plAns and spccificanons for such work ar the rime approval1s suught. _\.11
appron;d alt"erat1ons and additions and impwvcmcnts made b) Tcn&nr, except for personal property
and movable trade tixtures and eywpment, shall become property of Landlord upon their
mstallation and shall not thereafter be removed unle;;s Lli1dlvrd has specitically agreed in writing
th;lt Tenant may remove an) such aJteratHJns, adlht1uns ur 1111pn.1\ en1ents.
 2

7. TAXES. Tenant shall pay rhe mrrem ye-ar's ad Yalon:m ta..xes un the Property by December
31 of each year, mcluding the entire amount wtthour promtton of the 2012 ra.xes. Tenant shall be
solely responstble for and promptly pay all personal property ta.'>es and all sales and use ra:'{es that
may be levied or assessed by any lawful authonty relatmg to activities on the Property.

8. UTILITIES. Tenant shall be solely responstble for and promptly pay all charges for any
ualities and trash pickup for the Property.

9. MAINTENANCE OF PROPERTY. Tenant shall at all times maintam the Property in
good condition and repair and remove all trash regularly.

If Tenant refuses or neglects to maintain the Property as required hereunder as soon as reasonably
possible after \Vritten demand, and to the reasonable sati~fact10n of J.andlord, l.andlord may
perform such maintenance and make such repairs wtthout liability to Ten;mt for any loss or damage
that may accrue to Tenant's property or business by reason thereof, and upon completion thereof,
Tenant shall pay Landlord's cost of making such repairs plus an tldditiona115°/o administration
charge upon presentation of a bill, as additional rent.

10. INSURANCE. Tenant ~hall, during the entire term of this 1k<lsc, kt>ep in full force and
effect pohcies of:
(<l) Public liability and property damage liability insurance wtth respect to the Property
and the business operated by Tenant un and adjacent to the Property, m whteh the
limits ofpubltc liability shall not lle les~ than St million per person and Sl million
per accident and in which the propcrt) damage liability shall not bc less than
$500,000.
Q)) To the extent a\·ailablc, dramshop liability cowr;1g-e .

.:\liHISuranec pohoes shall name Landlvrd, dl1) pcrsvn, firms or corporations dcsignarcd b)
Landlord and Tenants as tnsureds, and shall contam a clause that the insurcr will not cancel or
change the insurance wirhout first gt\ ing the Landlord 10 days' pnor \vritten notice. ·n1c insuranct.
shall be in an insurance compan) reasonably apprm ed by Landlord and a certificate of insurance
naming Lmdlord as addttional insured shall be deli\ erc:J to Landlord.

11. WAIVER OF SUBROGATION. ,\ll policies of msurtlnct. pert,tinmg to the Propert} and
tts contents shall be endorsed to provtde that the tnsurance company may not subrogate wtth respect
to msurance earned by 1 enant against Landlord, n being agreed that neither Tenant nor Tenant's
msurancc company shall have any nght of actton agamst Landlord for any loss or damage to
Tenant's property in or about the Property \Vhich loss ur damage is in iact coYcred by insurance
carried by Tenant. Similarly, all poltctes of insurance pertaining to the Property and its contents shall
be endorsed to provtde that the msurance company may not subrogate \Vtth respect to msurancc
carried by Landlord agatnst Tenant, tt bcmg agreed that nctther Lmdlord nor Landlord's insurance
company shall have any right of action against Tenant for any loss or damage to Landlord's property
which loc;s or damage is in fact covered by insurance earned by Landlord.

12. INDEMNIFICATION. Temnt will indemnif)· L::~ndlord :-1.nd sm·e tt harmless from and
<tgainst any and all claims, actions, damages, liability and expense in connection with personal injury
nr cbm;.-lp;t· to property arising from or uut of any occurrence in. upon. c,r at the Property.

2
 3

Landlord 'vill indemnify and hold Tenant harmless t"rom d!ld against any and all claims, actwns,
damages, li<lbiiity <Hld expense tmposed or le\·ied ag.Hnst Ten,mt by any go\ ernmental authority as ,1
result of I .ancilurd's t~ulure to comply w1th all apphcable government reyUtrements, including thu:>e
of the_ \mcncans \Vith Dtsabtlitlcs ~\ct, or .my injury (Jf damage to person or property causcJ by or
resulting from any willful act or umtssion of Landlord, except to the extellt ufTenant's cuntnbutory
negligence or willful act or omiss1on.

13. ASSIGNMENT AND SUBLETTING_ I emmt will not asstgn thts l.~se in \vhole or m
parr, nor sublet all or any part ot the Property wtthout obtammg the wntten consent ot the
Landlord, whteh consent shall not be unreasonably \1itthheld. :\ny ass1gnment or sublettmg w1thout
Landlurd's consent in w-riting sha.ll be void.

14. GOVERNMENTAL REGULATIONS. Tenant, at Tenant's expense, shall comply will all
laws, orders, ordinances, regulations and requirements of legally constituted authorities applicable to
Tenant's use and occupancy of the Property. regardless of ,,·hen the~ become effecti\'e. Tenant shall
not cause or permit my ha7.ardous mAtenals to be brought upon, kept or used m or about the
Propcrtv hv Tcmmt, its agents, employees, contractors, or invitees w1thout the prior '.vnttcn consenr
of J,andlord.

15. DEFAULT BY THE TENANT. Each of the following eYents shall constitute default or
breach of this Lease by Tenant:
(a) Failure oy Tenant to pay any rental due hereunder .lfter the S;lme shall he due,
pr(wided th;lt Tenant shall han· 5 days after the ctw: of any notice of non-
payment to pay rental amounts, and
0)) My failure to perform any 0ther of the terms, conditions or c<n·enants of this
1.case tn be ohscrved or pcrfrmn('d by Tc·nant fnr more than (()days after wnttcn
notice of such default shall h;n·c been g1,·en to Tenant.
In the nent of an) det:mlt, LU1dlord sh11ll hm c the right to cancel and terminate tlw; lease
and all ofTcn.mr's rights, title and interest bcn..:under, by gi,ing, Tenant nut less th,m 10 days' prior
\vrittcn nottcc of the cancellation and termination. On expiration of the time tixed in the notice, th1s
lease md till rights, title and mtercsr ofTcntt.nr hereunder, shall termimre in r:hc manner and \vid1 the
same furce anJ effect, except as tu -I enant's li,lbility, as tf the date fixed m the nuticc of canccllatton
and tennmat1011 were the end of chc: term htretn origin.llly determmeJ. In the c\·cnt of non-
payment of muntltl} mstallments of rent (mdudmg conunun area mamtcnancc charges) when due, ,\
Jef1ult wdl h<t\'e occurred tiYe days after the date of a nC>ttce of default~;,; sent to Tenant and no
uther not1ce tu Tenant IS reywred.
J ,,indlord, bes1des otJ1er nghts wJ n:mt:dlt:S It rna) have, shall ha,·c the immedtate right uf
re-entry and rru1y remon· all persons and proper~ from the Property \\itt11uut sen·icc of nonce or
resort to legal process and wtthouc breaching the peace and \Vtd1out bclf1g deemed g,utlty of tresp<lSS
or becoming ltable for any loss or Lhlmage whteh may be occasioned rhereb), unless such luss or
damage ts cause by the negligence of Landlord.
The duttes and liabtltties of the parties, tt the Property ts relet as proYided herem, shall be as
follows: ln addition to Tenant's liahility to Landlord for the difference in rent upon reletting, Tenant
shall be liable for all reasonable expenses of the relertmg, all real estate commtss1ons paid for the
relcttmg, and for the alterations and r<:pairs reasonably m,1de to enable Landlord to relet the
Property. Should Landlord at any time term1nate this Lease for breach, in ;1ddition to ;my other
remedies it may ha\'e, it may recoYer from Tenant all damages it !Tl(l} incur !Jy reason of such breach.
16. HOLDING OYER In the e\·ent Tenanr continues to occupy the Property after the L1st
day of the Lease Term, the rental thereafter shall be two times rhc monthly rent m Paragraph 2 of
this Lc<~se. If Lmdlord elects to <ICn.:pt said rental, a tenancy ti·um month tu month shall be created
at two ttmes the rental in Paragr;..~ph 2 of this Lease and upon the same other terms and conditions
existing on the last da) of the Lease T enn as herem provided.

17. ENFORCEMENT. In the event either part) obtams leg·al counsel to enforce any right
under this Lease or to obtain relief for the breach of any term., conchnon or covenant herem, the
preYililing party sh111l he entttled to recm'Er the reasomhie costs 11nd expenses of such proceedings,
includmg reasonable attorney tees, whether or not a lc1w swt ts actu<tlly tiled. In addttion, Landlord
and '1 cnant each wat\'e the right to trial by Jury 111 any leg.t.l pwceedmg for enforcement of this
Lease, for terminatJon of thts Lease or for possesston of the Property.

18. RIGHT OF ENTRY. Landlord or Landlord's agents shall have the right to enter the
Property at reasonable times to examine the same, and to sho\v them to prospective purchasers or
tenants of the Property, and to make such repairs, alterattons, imprm·ements or additiom as the
Landlord m::ty deem desirable, pro\·tded that I .,mdlord p;~ve~ 'I cn.'lnt rcason::tble nottce prior to such
entry, except in the event of a bona fide emergency.

19. LANDLORD'S COVENANT. Upon payment by the Tenant o( the rents herein
provided, and upon the obscn:ance and perforrnmce of all cm·en;lnts, terms and condittons on
Ten<mt'~ part to be obscrYed ,md performed, Tenant shall peaceable and quietly huld and enjoy the
Property of the term hcrcb; demised.

20. AMENDMENTS It is ,1cknowledgcd that the coven,mts and obligations herein cont,1incd
arc the full ,md complete terms of this Lease, and no ,lltcranons, amendments or changes to such
terms :;hall bt binding unless first reduced to writing and executed with the same formality as this
Le<lse. This pru\'isiun siMI! nut t~ppl) tu changes of address for forwarding of notice or rental
payments.

21. HEADINGS. The he-.aJ1ngs heretofore JI1tended as gwdes <Uld shall nut he cunstmeJ <lS
ha,·ing any legal effect.

22. HEIRS, SUCCESSORS Ai"lD ASSIGNS. Lach and evef) obltgdtwn contained in ti11S
l ~case shall be joinrl) <tnd severally binding upon the respective parttcs, their heirs, k:gal
rcpn:scnrari,·cs, successors and assigns.

IN WITNESS WHEREOF, rhc aurhonzeLi n.:prescmati\·es of rhc parties ha\·e caused this lease to
to be executed tn duplicate cow1terparts.

Blansit ~)l1llily Trust, Lan?Jord

~2-d tc

Copper Run Distillery, LLC
1\

date
4
MISSOURI • DIVISION OF ALCOHOL AND TOBACCO CONTROL • LICENSE
THIS LICENSE MUST BE POSTED ON THE PREMISES IN FULL PUBLIC VIEW
LIQUOR MANUFACTURER SOLICITOR 180167 $450.00

EXPIRATION DATE: JUNE 30, 2013
EFFECTIVE DATE: JULY 1, 2012 TANEY
BUS. STRUCTURE: LMTD LIABILITY
MANAGING OFFICER OR PARTNERS: JAMES D BLANSIT

SPECIAL PERMITS:

ALL OF A TWO STORY BUILDING, 1901 DAY ROAD, WALNUT SHADE, MO.

RENEWAL NOTICES are mailed annually in March. It's the licensee's responsibility to pay the required
fee by MAY 1ST of each calendar year. Late fees will be assessed for late renewal after MAY I ST.

DIRECTOR OF PUBLIC SAFETY SUPERVISOR OF ALCOHOL AND TOBACCO CONTROL

COPPER RUN DISTILLERY LLC
COPPER RUN DISTILLERY
1935 DAY ROAD
WALNUT SHADE, MO 65771

LICENSE NOT TRANSFERABLE
MISSOURI • DIVISION OF ALCOHOL AND TOBACCO CONTROL • LICENSE
THIS LICENSE MUST BE POSTED ON THE PREMISES IN FULL PUBLIC VIEW

LIQUOR WHOLESALE SOLICITOR 191374 $500.00

EXPIRATION DATE: JUNE 30,2013
EFFECTIVE DATE: JULY 1, 2012 TANEY
BUS. STRUCTURE: LMTD LIABILITY
MANAGING OFFICER OR PARTNERS: JAMES D BLANSIT

SPECIAL PERMITS:

ALL OF A TWO STORY BUILDING, 1901 DAY ROAD, WALNUT SHADE, MO.

RENEWAL NOTICES are mailed annually in March. It's the licensee's responsibility to pay the required
fee by MAY 1ST of each calendar year. Late fees will be assessed for late renewal after MAY 1ST.

DIRECTOR OF PUBLIC SAFETY SUPERVISOR OF ALCOHOL AND TOBACCO CONTROL

COPPER Rl.JN DISTILLERY LLC
COPPER RUN DISTILLERY
1935 DAY ROAD
WALNUT SHADE MO 65771

LICENSE NOT TRANSFERABLE
 MISSOURI • DIVISION OF ALCOHOL AND TOBACCO CONTROL - LICENSE
THIS LICENSE MUST BE POSTED ON THE PREMISES IN FULL PUBLIC VIEW
~
RETAIL LIQUOR BY DRINK 186306 $300.00 I~
I~----------------------------------~ i
EXPIRATION DATE: JUNE 30,2013 ~

EFFECTIVE DATE:
BUS. STRUCTURE:
JULY 1, 2012
LMTD LIABILITY
TANEY
~
MANAGING OFFICER OR PARTNERS: JAMES D BLANSIT f1
~ /~ --sPECIAL PERMITS:
~·
1····· 1
ALL OF THE FRONT ROOM ON THE LOWER LEVEL OF A TWO STORY BLDG.,
1901 DAY RD., WALNUT SHADE, MO.

RENEWAL NOTICES are mailed annually in March . It's the licensee's responsibility to pay the required
fee by MAY 1ST of each calendar year. Late fees will be assessed for late renewal after MAY l ST.

1~1

DIRECTOR OF PUBLIC SAFETY SUPERVISOR OF ALCOHOL AND TOBACCO CONTROL

COPPER RUN DISTILLERY LLC
COPPER RUN DISTILLERY
1901 DAY ROAD
WALNUT SHADE, MO 65771

LICENSE NOT TRANSFERABLE
- ··~··
Copper Run Distillery - Alcohol Sales by the Drink I Permit#: 12-19
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Water Qualitv
SEWAGE DISPOSAL n/a=

centralized system 2
on-site treatment system(s) with adequate safeguards to mitigate pollution 1

septic system of adequate design and capacity 0 5 0 0
proposed system may not provide adequate capacity -1
proposed solution may cause surface and/or ground water pollution -2
Environmental Policies
STORM DRAINAGE n/a= X

on-site stormwater retention and absorption with engineered plans 2
on-site stormwater retention and absorption without engineered plans 1
stormwater retention with managed and acceptable run-off 0 4
no stormwater retention, but adverse impacts from run-off have been mitigated -1
no acceptable management and control of stormwater run-off -2
AIR QUALITY n/a= X

cannot cause impact 0
could impact but appropriate abatement installed -1 4 0
could impact, no abatement or unknown impact -2
Critical Areas
PRESERVATION OF CRITICAL AREAS n/a= X

no adverse impact to any designated critical area 2
one of the designated critical areas impacted but can be fully mitigated 1
more than one of the designated critical areas impacted but can be fully mitigated 0 3
one or more of the designated critical areas impacted and mitigation not fully effective -1
one or more of the designated critical areas impacted with no ability to mitigate problem -2
Land Use Comoatibilitv
OFF-SITE NUISANCES n/a=
no issues 2
minimal issues, but can be fully mitigated 1
issues that can be buffered and mitigated to a reasonable level 0 4 0 0
buffered and minimally mitigated -1
cannot be mitigated -2
USE COMPATIBILITY n/a=
no conflicts I isolated property 0
transparent change I change not readily noticeable -1 4 0 0
impact readily apparent I out of place -2

Page 1 of 5
Copper Run Distillery- Alcohol Sales by the Drink I Permit#: 12-19
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STRUCTURAL SCREENING OF ROOFTOP EQUIPMENT & VENTS nla= X

no rooftop equipment I vents or blocked from view by structure design or screening 0
partially blocked from view -1 3
exposed I not blocked from view -2
STRUCTURAL SCREENING OF SOLID WASTE CONTAINERS nla=

no on-site waste containers or blocked from view by structure design or screening 0
partially blocked from view -1 3 0 0
exposed I not blocked from view -2
STRUCTURAL SCREENING OF OUTDOOR EQUIP, STORAGE, ETC. nla=
no outdoor storage of equipment, materials, etc., or outdoor work areas 2
blocked from view by structure design 1

blocked from view using screening 0 3 1 3
partially blocked from view -1
exposed I not blocked from view -2
LANDSCAPED BUFFERS -- RESIDENTIAL nla= X

approved landscaped buffer between homes and all streets I roads I highways 2
approved landscaped buffer from major roads I highways only 1
minimal landscaped buffer, but compensates with expanse of land 0 2
no landscaped buffer between residences and local streets -1
no landscaped buffer from any road -2
LANDSCAPED BUFFERS - INDUSTRIAL nla= X

approved landscaped buffer from public roads 0
minimal landscaped buffer, but compensates with expanse of land -1 3
no landscaped buffer from public roads -2
Local Economic Development
~GRICULTURAL LANDS nla=
no conversion of Class I-IV agricultural land to other use(s) 0
1 0 0
development requires reclassification of Class I-IV agricultural land to other use(s) -2
RIGHT TO FARM nla=
does not limit existing agricultural uses I does not cause nuisance, predation 0
does not limit existing agricultural uses, but may result in minor nuisance -1 3 0 0
potential impact(s) on existing agricultural land -2
RIGHT TO OPERATE nla= X

no viable impact on existing industrial uses by residential development 0
potential impact but can be mitigated -1 2
potential impact on existing industrial uses with no mitigation -2

Page 2 of 5
Copper Run Distillery - Alcohol Sales by the Drink I Permit#: 12-19
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DIVERSIFICATION n/a=

creates >=5 full-time, year-round jobs outside of recreation I resort sector 2
creates full-time, year-round and seasonal jobs 1 4 1 4

creates seasonal jobs only 0
Site Planning, Design Occuoancv
RESIDENTIAL PRIVACY n/a- X

privacy provided by structural design, or not applicable 2
privacy provided by structural screening 1

privacy provided by landscaped buffers 0 2

privacy provided by open space -1

no acceptable or effective privacy buffering -2
MIXED-USE DEVELOPMENTS n/a- X

uses I functions are compatible or not applicable 2
uses I functions are integrated and separated based on compatibility 1
uses I functions differ minimally and are not readily apparent 0 3
uses I functions poorly integrated or separated -1
uses I functions mixed without regard to compatiblity factors -2
Commercial Development
DEVELOPMENT PATTERN I BUFFERING n/a=
approved and effectively designed landscaped buffers between structures and all roads 2
minimal landscaped buffering, but compensates with expanse of land 1
minimal landscaped buffering 0 4 1 4
no landscaped buffering, but utilizes expanse of land -1
no or inadequate buffering or separation by land -2
Services - Capacity and Access
UTILITIES nla=
adequate utilities capacity as evidenced by letter from each utility 0
adequate utilities capacity without formal letter from each utility or not from all utilities -1 4 -1 -4
inadequate information to determine adequacy of utilities -2
TRAFFIC n/a=
no impact or insignificant impact on current traffic flows 0
traffic flow increases expected but manageable using existing roads and road accesses -1 2 -1 -2
traffic flow increases exceed current road capacities -2
EMERGENCY SERVICES n/a=
structure size and/or access can be serviced by emergency equipment 0
structure size and/or access may impede but not hinder serviceability -1 3 0 0
structure size and/or access could be problematic or non-serviceable -2

Page 3 of 5
Copper Run Distillery - Alcohol Sales by the Drink Permit#: 12-19
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RIGHT-OF-WAY OF EXISTING ROADS n/a-

greater than 50 ft. right-of-way 1
0
50 ft . right-of-way 5 -1 -5
40 ft. right-of-way
-1
-2
less than 40 ft. right-of-way
Internal Improvements
nla-
WATER SYSTEMS
central water system meeting DNR requirements for capacity , storage, design, etc. 2

community well/ water system meeting DNR requirements 1
private wells meeting DNR requirements 0 3 0 0
private wells not meeting any established standards -1
individual/ private wells -2

EMERGENCY WATER SUPPLY n/a=
fire hydrant system throughout development with adequate pressure and flow 0
fire hydrant system with limited coverage -1 5 -2 -10

no fire hydrant system -2
PEDESTRIAN CIRCULATION n/a= X

paved and dedicated walkways (no bicycles) provided throughout development 2
paved walkways provided throughout development I maybe shared with bicycles 1
designated walkways provided but unpaved 0 4
no pedestrian walkways, but green space provided for pedestrian use -1
no designated pedestrian walkway areas -2
PEDESTRIAN SAFETY n/a= X

separation of pedestrian walkways from roadways by landscape or structural buffer 2
separation of pedestrian walkways from roadways by open land buffer 1 2
pedestrian walkways abut roadways with no buffering I protection 0
BICYCLE CIRCULATION n/a= X
dedicated I separate bike-ways with signage, bike racks, trails 2
bicycle lanes shared with pedestrian walkways but separated by markings I signs 1 1
no designated bike-ways 0
UNDERGROUND UTILITIES nla=
all utilities are provided underground up to each building I structure 2
all utilities traverse development underground but may be above ground from easement 1
utilities above ground but I over designated easements 0 4 2 8
utilities above ground and not within specific easements -1
no specific management of utilities -2

Page 4 of 5
Copper Run Distillery ~ Alcohol Sales by the Drink I Permit#: 12-19
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Open-Space Density
USABLE OPEN SPACE n/a= X

residential developments (>25 units) include more than 25% open recreational space 2
residential developments (>25 units) offer >10% but <25% open recreational space 1
recreational area provided, but highly limited and not provided as open space 0 2
no designated recreational space provided , but open space available -1
no open recreational space provided -2
Solid Waste Disposal
SOLID WASTE DISPOSAL SERVICE AVAILABILITY n/a=
weekly service is available and documentation of availability provided 0
weekly service reportedly available but not documented -1 5 -1 -5
centralized , on-site trash collection receptacles available -2
SOLID WASTE DISPOSAL SERVICE COMMITMENT n/a= X

restrictive covenants provide for weekly disposal for each occupied structure 0
services available but not a requirement documented in covenants -1 5
not applicable I no pick-up service provided -2
Total Weighted Score= -7
Maximum Possible Score= 59
Actual Score as Percent of Maximum= -11.9%
Number of Negative Scores= 5
Negative Scores as% of Total Score= 14.3%

Scoring Performed by: Date:
Bob Atchley I Bonita Kissee October 24, 2012

Page 5 of 5
 Eastern District Relative Policies: Division Ill Permit

Project: Copper Run Distillery- Alcohol Sales by theFO!rimit: 12-19
Max. As '% Total Negative Scores
Possible Scored
IScoring 59 -7 -11 .9% 5 31 .3%

Max. As Negative Scores
Possible Scored Number of Percent
Importance Factor 5 5 -20 3 100.0%
sewage disposal
right-of-way I roads 5 -5
emergency water supply 0 -10
waste disposal service 0 -5
waste disposal comm itment
Importance Factor 4 32 12 1 16.7%
stormwater drainage
air quality
off-site nuisances 8 0
use compatibility 0 0
diversification 8 4
development buffering 8 4
utilities 0 -4
pedestrian circulation
underground utilities 8 8
Importance Factor 3 12 3
preservation of critical areas
screening of rooftop equip
screening I waste containers 0 0
screening of outdoor equip 6 3
industrial landscape buffers
right to farm 0 0
mixed-use developments
emergency services 0 0
water systems 6 0
Importance Factor 2 0 -2 1 I 100.0%
residential landscape buffers
right to operate
residential privacy
traffic 0 -2
pedestrian safety
usable open space
Importance Factor 1
I
agricultural lands 0 0
bicycle circulation

Scoring by: Bob Atchley I Bonita Kissee
Date: October 24, 2012
Project: Copper Run Distmery- Alcohol Sales by the Drink
Permit#: 12-19
Policies Receiving a Negative Score
Importance right-of-way I roads emergency wster supply wzste disposal service
Factor 5:
Importance utilities
Factor4:
Importance none
Factor 3:
Importance traffic
Factor 2:
Importance none
Factor 1:
Scoring by: Bob Atchley I Bonita Kissee
Date: October 24, 2012