HomeMy WebLinkAbout20230425 PC RM Packet
AGENDA Planning Commission Regular Meeting
Tuesday, April 25, 2023 6:30 p.m. Council Chambers, City Hall
I. REGULAR MEETING 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE a. Oath of Office / Election of Chair & Vice-Chairperson
2. ADDITIONS TO AGENDA 3. AUDIENCE INPUT 4. CONSENT AGENDA
b. Approval of the March 20, 2023 Regular Meeting Minutes 5. PUBLIC HEARING a. Request by Las Tortillas for a conditional use permit for additional outdoor
seating/dining area b. Request by Frattalone-Berger for a Small-Scale Mineral Extraction Permit for 2023
c. Request by North 20 for an amendment to the Conditional Use Permit to extend the hours of operation and to allow for outdoor live music
d. Request by Holiday Stationstores for a Condition Use Permit to allow for the expansion of the existing canopy onsite
6. DISCUSSION 7. NEW BUSINESS 8. ADJOURNMENT OF REGULAR MEETING
EXECUTIVE SUMMARY
Planning Commission Meeting Date: April 25, 2023
AGENDA ITEM: Oath of Office AGENDA SECTION:
Oath of Office
PREPARED BY: Adam Kienberger, Director of Community
Development AGENDA NO. 1.
ATTACHMENTS: None.APPROVED BY: AK
RECOMMENDED ACTION: Administer the Oath of Office
ISSUE
Minnesota State Statute 358.05 requires that City officials, appointed or elected, must take and sign
an Oath of Office before transacting any business or exercising any privilege of office.
BACKGROUNDThe City of Rosemount’s City Council appointed Kurt Whitman as new Planning Commissioner
and reappointed Melissa Kenninger for terms that will expire March 31, 2026.
EXECUTIVE SUMMARY
Planning Commission Meeting: April 25, 2023
AGENDA ITEM: Election of Chairperson and Vice-
Chairperson
AGENDA SECTION:
Elections
PREPARED BY: Adam Kienberger, Community
Development Director AGENDA NO. 1.
ATTACHMENTS: None. APPROVED BY: AK
RECOMMENDED ACTION: Elect a new Chairperson and Vice-Chairperson.
SUMMARY Each year, the Planning Commission is to elect a new Chairperson and Vice-Chairperson. Since it is only
done on an annual basis, the process for electing new positions is often unfamiliar especially if new Commissioners have been appointed. Staff felt it would be helpful to provide the procedures to follow
when nominating and electing a new Chairperson and Vice-Chairperson.
DISCUSSION Following is the procedure to conducting an election of a new position:
•The current Chairperson will begin by asking the Commission for nominations for the position of
Chairperson.
•Nominations do not require a “second.”
•After nominations are made, there should be a motion made to close the nominations.
•A second is necessary to close the nominations.
•The Commission needs to vote to close the nominations. Ayes/Nays are needed.
If only one nomination is made, the following motion could be used:
“Motion to elect ______ by unanimous consent to the position of Chairperson.”
•A second to the motion is necessary.
•Ayes/Nays are needed.
If more than one nomination is made:
•The current Chairperson will request a show of hands for each nominee and record the votes.
•Based upon the show of hands, a motion should be made by the Chairperson:
“Motion that _________ is elected to the position of Chairperson.”
•A second to the motion is necessary.
•Ayes/Nays are needed.
The process is then repeated for the position of Vice-Chairperson.
The newly elected Chairperson will preside over meetings beginning with the May 24, 2022, Planning
Commission meeting.
RECOMMENDATION Follow the procedures above to elect a new Chairperson and Vice-Chairperson.
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 20, 2023
PAGE 1
I. Regular Meeting
Call to Order:
Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on March 20, 2023.
Chair Kenninger called the meeting to order at 6:31 p.m. with Commissioners Thiagarajan, Hebert, Marlow, Reed,
Rivera. Commissioner Powell was absent. Also, in attendance were Community Development Director Kienberger,
Senior Planner Nemcek, Planner Hogan and Community Development Technician Rooney.
The Pledge of Allegiance was said.
Additions to Agenda: None.
Audience Input: None.
Consent Agenda:
4.a. Approval of the February 28, 2022, Regular Meeting Minutes.
4.b. Request by US Home, LLC, for Approval of the Talamore 3rd Addition Final Plat.
4.c. Request by Maplewood Development for approval of the final plat for Amber Fields 9th Addition.
4.d. Request by Maplewood Development for approval of the final plat for Amber Fields 10th Addition.
MOTION by Kenninger
Second by Reed.
Ayes: 6. Nays: 0.
Public Hearing:
6a. Request by Furlong for renewal of its Small-Scale Mineral Extraction Permit for 2023.
Senior Planner Nemcek gave a presentation and summary of the staff report for the Planning Commission. Danner, Inc
is requesting approval for the annual renewal of a small-scale extraction permit subject to the terms and conditions. The
property is located at the corner of Fischer Avenue and 150th Street East.
Commissioner comments:
Chair Kenninger asked if there had been any complaints noted from the Police Department, or Chief Dahlstrom.
Planner Hogan noted that there were no complaints from the mine over the last year.
Commissioner Reed commented that he’s only concern would have been the noise coming from the mine, but seeing
there are not complaints, he has no concerns.
The public hearing opened at 6:37 pm.
Public Comments:
None.
MOTION by Kenninger to close the public hearing
Second by Reed.
Ayes: 6. Nays: 0. Motion Passes.
The public hearing closed at 6:37 pm.
Additional Comments:
None.
PLANNING COMMISSION REGULAR MEETING MINUTES
MARCH 20, 2023
PAGE 2
MOTION by Marlow to approve a resolution for Furlong for renewal of its Small-Scale Mineral Extraction
Permit for 2023 subject to the terms and conditions.
Second by Rivera.
Ayes: 6. Nays: 0. Motion Passes.
Discussion: Community Development director noted there was no items listed for discussion.
Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the
meeting at 6:38 pm.
Respectfully submitted,
Riley Rooney, Community
Development Technician
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: April 25, 2023
Tentative City Council Meeting: May 16, 2023
AGENDA ITEM: 23-18-CUP Request by Las Tortillas for a
Conditional Use Permit to allow an outdoor seating area for eleven or more seats.
AGENDA SECTION: Public Hearing
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.a.
ATTACHMENTS: Site Location; Site Aerial; Site Plan; Architectural Renderings APPROVED BY: AK
RECOMMENDED ACTION: Motion to recommend the City Council approve a conditional use permit for the Las Tortillas Restaurant allowing operation of an outdoor seating or dining area for eleven or more seats, subject to the following conditions:
1. Approval of a building permit.
2. Approval of an amendment to the applicant’s existing liquor license to allow alcohol to be served on the outdoor dining area. 3. The applicant shall provide a letter with their building permit application from their insurance company indicating that vehicular barriers of a specific design are not a
requirement of the applicant’s insurance policy. 4. Provide additional detail regarding proposed plantings, including size. 5. Fencing shall be installed around all sides of the patio so that the only access is provided via the principal structure. An additional, occasional access shall be
provided on the east side of the dining area to comply with ADA requirements.
6. No public address system, music, or TV located on the patio shall be audible from a noncommercial or nonindustrial use or district.
SUMMARY Applicant: Las Tortillas Mexican Restaurant, Inc. Property Owner: Mark Nivala
Location: 15051 Crestone Avenue Area in acres: 3.65 Acres
Comp. Guide Plan Desig.: CC-Community Commercial Current Zoning: C4-General Commercial
The applicant, Ryan McGunnigle/Las Tortillas Mexican Restaurant, Inc., requests a conditional use permit
to allow operation of an outdoor seating or dining area for eleven (11) or more seats. The subject property is located in the Celtic Crossing shopping center at 15051 Crestone Avenue, and staff is recommending
approval of this request.
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PROPOSAL Near the beginning of the Covid-19 pandemic the City adopted policies that allowed for an expedited process to permit temporary outdoor dining areas to help mitigate the impacts of restrictions on indoor
dining. These included a waiver of sewer access charges and conditional use permit requirements. The applicant, since the summer of 2020 has been providing outdoor dining in six parking stalls near the
entrance to the restaurant. The applicant is requesting to provide permanent outdoor seating in this area, subject to approval of a conditional use permit.
The applicant’s plan includes a pergola that will shelter ten four-top tables or seating for 40. The
temporary patio has contained 12 tables, as shown in the attached aerial dated April 22nd, 2021, with seating for 48. The outdoor area will feature hanging baskets and concrete planters that will delineate the
space and also provide a vehicle barrier. These barriers were recommended by the City’s building official and engineering staff. The area in which the patio will be located is the same as what has been used for
the past three summers.
In 2010, the Board of Appeals approved a variance that would allow a total of 261 restaurant seats across the entire Celtic Crossing, which was a 120% increase over what would be allowed based on the number
of stalls provided on the site. The justification being that one of the other restaurants on the site, Suzie’s Kitchen, sees most of its business in the morning whereas Las Tortillas isn’t open for breakfast and the
majority of its business occurs in the evening hours. Currently, between Las Tortillas’ current operation and the other restaurants in the shopping center there are 173 seats on site. The addition of the proposed
40 patio seats will bring that total to 213 seats, well below the maximum of 261.
Conditional Use Permit Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the
City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance
and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it
must be approved.
Purpose. The purpose of conditional use permits is to allow for those uses which are not generally
suitable by right within a given zoning district but may be suitable under some circumstances. The burden
of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all
applicable standards lies with the applicant.
As a conditional use, outdoor seating or dining areas for eleven (11) or more seats are subject to the
general CUP standards outlined in Section 11-10-7 as well as the standards specific to this use in Section
11-4-14.D. These standards evaluate the City’s land use and zoning performance standards and the
potential impact of the proposed use on the surrounding neighborhood. These standards and staff
findings for each are provided below. Many of the findings have already been proven due to the fact the
applicant has been providing outdoor seating and dining for the past 3 patio seasons.
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city.
Finding: The outdoor seating or dining area will not be detrimental to the public health, safety, or
general welfare of the neighborhood or the City of Rosemount.
2. Will be harmonious with the objectives of the comprehensive plan and city code provisions.
Finding: The subject property is guided CC – Community Commercial by the comprehensive plan
and zoned C-4 – General Commercial. Outdoor seating or dining areas for eleven or more people
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are a conditional use in this zoning district.
According to the comprehensive plan, the Community Commercial land use designation is
intended to provide retail, professional offices, and personal services that serve the daily and
weekly needs of the residents of Rosemount. Close proximity to arterial streets is needed for
visibility while individual business accesses shall be provided predominantly from collector, local,
or private streets. By comparison the purpose and intent of the C-4 – Community Commercial
district is to provide a wide range of goods and services to the entire community. Due to their
proximity to major arterial streets, businesses in this district are dependent on large volumes of
traffic, thus need to be highly visible and accessible.
3. Will be designed, constructed, operated, and maintained so as to be compatible or similar
in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially
diminish or impair property values within the neighborhood.
Finding: According to the applicant, the materials used for the design of the outdoor dining areas
will be attractive and will result in an overall improvement to the site. This design also conforms
to the site and building standards of the C-4 district.
4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures,
refuse disposal, water and sewer systems and schools.
Finding: The existing shopping center complex is served adequately by existing essential public
facilities and services.
5. Will not involve uses, activities, processes, material equipment and conditions of operation
that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Finding: While the outdoor dining area will likely create additional noise, this area is located more
than 225’ from the nearest residential area and screened by the existing building from the
neighborhood to the south.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
Finding: The proposed dining area will not interfere with existing drive aisle. The subject property
has direct ingress and egress from Crestone Avenue and 151st Street West as well as access from
Shannon Parkway via internal access drives.
7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality
standards.
Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic,
or historic feature of major importance and will comply with all local, state, and federal
environmental quality standards.
8. These standards apply in addition to specific conditions as may be applied throughout this code.
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Finding: Outdoor dining areas for eleven or more seats are also subject to the specific conditional
use permit standards in Section 11-4-11.D as outlined below.
In addition to the general conditional use permit standards reviewed above, the proposed use must comply
with the specific performance standards for outdoor seating or dining areas for eleven (11) or more seats.
These standards along with staff findings are detailed below.
1. The site and enclosure(s) shall be designed to limit the effects of outdoor seating or dining areas on contiguous properties and/or public rights of way.
Findings: According to the applicant, the materials used for the design of the outdoor dining area
will be attractive and of high quality. The areas will be located approximately 485’ from the 150th
Street West (County Road 42) right-of-way and more than 225’ from the closest residential area.
The applicant’s plan calls for the outdoor dining areas to include planters along its north side, but
it does not include a detailed planting schedule. Staff recommends that a condition of approval
require the applicant to revise the plan to include a detailed planting schedule consistent with the
zoning requirement to provide a minimum of one planting every ten (10) linear feet, and staff
acknowledges the renderings depict this requirement being met. This distance and design will limit
the effects of the areas on contiguous properties and the public right-of-way.
2. The seating area shall be located on private property along the front, side or rear of the
principal building but shall not be located within a required setback or on the side abutting any residential use or district.
Findings: The proposed outdoor seating area will be located along the front (north) side of the
southern building within the shopping center and 435’ beyond the required 30’ minimum front
yard setback standard.
3. The seating area shall not interfere with circulation in any required parking, loading,
maneuvering or pedestrian area. A minimum four foot (4') passageway shall be maintained along the private sidewalk for pedestrians.
Findings: The proposed outdoor seating area has been located within 6 parking stalls on the site
over the past three patio seasons and no complaints or issues have been observed in that time.
The existing sidewalk along the north side of the building will remain. While the construction of
the permanent patio will result in a loss of six parking stalls, based on the number of seats within
the restaurant and the site overall, the shopping center still meets the minimum required with the
approved 2010 variance. Additionally, staff finds that because the restaurant is located at the end
of the building, the intent of the second part of this condition is met.
4. The seating area shall be located in a controlled or cordoned area acceptable to the city
with at least one opening to an acceptable pedestrian walk.
Findings: The applicant’s plans only show a single fence along the north side of the dining area.
Additional fencing is required on all sides, with access provided along the eastern side of the dining
area for it to comply with the Americans with Disabilities Act. A condition is included that
requires the plans include these barriers and access.
5. When a liquor license is granted, an uninterrupted enclosure is required and the enclosure
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shall only have access through the principal building.
Findings: A condition is included that requires the plans to be updated to include fencing up to
the building and surrounding the patio.
6. The seating area shall not be permitted within two hundred feet (200') of any residential
use or district as measured at the property line and shall be separated from residential use or district by the principal structure or other method of screening acceptable to the city.
The minimum distance from a residential use or district may be reduced should the city determine the applicant has added sufficient elements to reduce the impact of this use.
Findings: The outdoor dining areas will be located approximately 189’ from the nearest residential
district and more than 225’ from the closest dwelling. Staff finds the distance as well as the
screening provided by the existing building provide sufficient elements to reduce the impact of the
proposed use.
7. No public address system shall be audible from a noncommercial or nonindustrial use or district.
Finding: A condition of this approval will note that no public address system shall be audible from
any residential use or district.
CONCLUSION Staff recommends approval of conditional use permit to allow operation of an outdoor seating or dining area for eleven (11) or more seats at the Las Tortillas restaurant located at 15051 Crestone Avenue subject
to the conditions of approval outlined in the recommended action section of this report. This recommendation is based on the plans submitted by the applicant and the findings made in this report.
2383 Pilot Knob Rd
Mendota Heights, MN 55120
Phone: 651-203-3000
Fax: 651-455-1734
SouthviewDesign.com
Date
Date
Issue Notes
Revision Notes
NO.
NO.
LasTortillas
Landscape Design
15051 Crestone Ave
Rosemount, MN 55068
Designer:
Design Associate:
This drawing contains proprietary information which belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited.
Released By:__________________
Date Released:____/____/________
Ryan Slipka
Chris Barber
Print Date:2023-03-02
File Name:
2022-12-20_McGunnigle.vwx
Measure Team:
Measure Input:
Sheet
1 of 5
Scale:
1/4" = 1'-0"
TH / 100'
TH / 99.95'
99.8'99.75'
99.2'99.1'
99.8'
99.2'
99.15'99.05'
99.65'
99.15'
98.7'
Existing Walk
Existing Curb
Existing Asphalt Lot
Existing Asphalt Lot
New Fence
New Pergola
New artificial grass patio
Existing Honeylocust Tree
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: April 25, 2023
Tentative City Council Meeting: May 16, 2023
AGENDA ITEM: 23-17-ME Frattalone Companies, Inc.,
Small Scale Mineral Extraction Permit – New Mining Operation AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.b.
ATTACHMENTS: Location Map, Draft Mineral Extraction Permit, Project Narrative, Existing Conditions Map; Site Aerial; Mining Plan; Reclamation Plan.
APPROVED BY: AK
RECOMMENDED ACTION: Motion to recommend the City Council approve the Frattalone Companies, Inc. Small Scale Mineral Extraction Permit, subject to the terms and conditions in the attached Draft 2023 Conditions for Mineral Extraction and subject to the following additional conditions:
1.The reclamation plan shall be updated to provide a maximum slope of 4:1 at theedges of the mining area.2.The applicant shall secure a permit from Dakota County for the proposed access toTH42.3.The applicant shall provide the location of stockpiles not used for diversion/screening
berms.4.The initial mineral extraction permit shall be valid until the end of 2024. Theapplicant shall provide an operations update prior to December 30, 2023, for reviewby City staff. This update will include the amount of material excavated and
removed from the site, the total quantity of material stockpiles on the site, and other
relevant information as requested by the City.
SUMMARY The Planning Commission is being asked to consider a request from Frattalone Companies, Inc. for a new
small-scale mineral extraction permit that will be located on a portion of a larger 79 acre parcel immediately
west of Emery Avenue and south of County Highway 42. Small scale mineral extraction is permitted in the
City as an Interim Use within specified areas, and the proposed site is located with the City’s mineral
extraction overlay district. As an interim use, permits for mineral extraction are valid for one calendar year
(January 1 – December 31); however, staff is recommending that the initial Frattalone permit be issued
through 2024, with an administrative staff review at the end of 2023.
Applicant & Property Owner(s): Frattalone Companies, Inc., 3205 Spruce Street, Saint Paul,
2
Minnesota
Location: Immediately west of Emery Avenue along CSAH 42;
Area: 73.39 Acres (overall site); 26.08 (active mining area)
Comp. Guide Plan Designation: CC-Community Commercial, MDR-Medium Density
Residential, HDR-High Density Residential
Current Zoning: AG – Agriculture
Staff recommends approval of the request based upon a review of the information submitted by the
applicant, the mineral extraction standards in Section 11-10-4 of the City Code, and the attached permit.
BACKGROUND The applicant, Frattalone Companies, Inc., owns a construction and excavation business in Little Canada
and is asking to establish a new mineral extraction site along Highway 42 in Rosemount. Because the
mineral extraction use will be closely tied to the applicant’s primary business, there will be limited sales of
materials to outside projects from the mine. The applicant has provided a detailed application packet for
the mining operation and has hired Carlson McCain to help prepare plans for the site and to provide
information as required under the City’s mineral extraction ordinance.
The site under consideration is located along the western frontage of Emery Avenue and south of County
Highway 42 (145th Street East). Similar to other neighboring properties along Highway 42, there is a 45-
50-foot rise in height between the northern and southerly property lines, with a steep ridge that provides a
break/transition between the lower portions of the property along Highway 42 and the higher elevations
to the south. Other than the ridge, most of the site is gently rolling, but relatively flat.
There are currently no structures on the site, which has been used for agricultural fields for many years,
similar to much of the surrounding land. The other uses in the area include single-family residences
southeast of the site, and the Danner and Bolander mineral extraction uses to the west. The applicant’s
mine will share a common border with Bolander, and as excavation occurs in both gravel pits along this
boundary, the final grades for each mine will likely be adjusted to match each other. This shared lot line
approach has been used on the other side of the Bolander operation (adjacent to Danner) and the final
reclamation plans may be able to eliminate the western slope as currently shown. Because the boundary is
within the latter phases of the Bolander mining permit, the reclamation plan should continue to show the
slope as proposed until Bolander progresses to its later stages.
The proposed extraction activity will take place on 26.08 acres in the southern portion of the site in
accordance with the “mine boundary” depicted in the mining plan. The applicant is proposing primary
access to the active mining area via a new driveway from Highway 42 running along the western property
border. This new access point will require a permit from Dakota County, and has been placed as far as
possible from the intersection of CSAH 42 and Emery Avenue. A secondary access is shown on Emery
Avenue near the northeast portion of the mining area. This access would be utilized in the event that the
County denies an entrance permit for the access onto 42. Truck traffic would be limited during spring
road restrictions. Staff and the Applicant continue working with the County on having access onto 42, as
that is the preferred haul route.
Mining is proposed to occur over two phases generally moving from the east to the west on the southern
portion of the property. Excavation will lower the active mining portions of the site to the 840-850
elevation range, which represents cut of roughly 40 feet across the active mining part of the site. The
proposed final grades as depicted on the reclamation plan will bring the southern portion of the property
very close to the elevation of the northern part of the property. Essentially, the applicant is proposing to
excavate into the ridgeline and maintain these grades (with a slight incline) throughout the mine. The
phases have been developed to comply with the City’s extraction requirements that each phase be no more
3
than 15 acres in size. The applicant has stated that they anticipate removing 100,000 cubic yards of
material per year, which corresponds to an operational life of the facility of 16 years.
The applicant’s project narrative includes citations referencing all of the City’s mineral extraction
standards, and the document demonstrates compliance with each of these requirements. As part of its
initial submission materials, the applicant did not specify a specific location or extent of any material
stockpiles beyond a description of their use as screening berms along the perimeter of the mining area.
The location of any stockpiling not used for that purpose shall be provided prior to Council action on the
permit.
ISSUE ANALYSIS Aggregate mining is reviewed through an interim use permit which is a Quasi-Judicial action. As such, the City has a set of standards and requirements for review. Generally, if the applications meet the ordinance
requirements they must be approved. The standards and requirements for this mineral extraction are detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral Extraction permit.
The subject property is zoned AG – Agriculture and meets or exceeds the applicable performance
standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use within the Agriculture district. The table below details the current land use, zoning, and future land use
information for the surrounding properties. These properties are all currently zoned Agricultural and are located within the 2040 Metropolitan Urban Service Area (MUSA). The 2040 Future Land Use Map
anticipates a mixture of residential and commercial uses in this area.
The 2040 Comprehensive Plan designates commercial development at the intersection of Emery Avenue
and County Road 42, while medium- and high-density residential development is designated over the
proposed mining and grading area. Future reclamation of the site will need be performed before an
impacted area may be developed for housing. Because of the site’s location farther east of 52, the
development staging of properties in the area should not create as much of an impact on the timing of
mining operations in the future as it would on the mining operations to the west, such as the Steiniger pit.
The proposed reclamation plan provides for 3:1 slopes at the edge of the mining area that taper back to
the adjacent properties. The City Engineer is recommending that no final, reclaimed slopes exceed 4:1, so
staff has added a condition of approval that the reclamation plan be updated accordingly. Although the
slope between the Bolander and proposed Frattalone mines may eventually go away as work progresses in
the Bolander operation, the other slopes will need to be incorporated into future redevelopment projects.
The water table is located at an approximate elevation of 800 feet or lower based on information provided
by Dakota County, and the lowest mining elevation is well above that number. Throughout the majority
of the site, there will be approximately 40 feet between the bottom of the mine and groundwater, which is
Surrounding Land Use and Zoning Information
Direction Current Land Use Zoning Guided Land Use
North Agriculture Agricultural CC-Community Commercial
South Agriculture Agricultural LDR – Low Density Residential
East Agriculture Agricultural
CC-Community Commercial
MDR – Medium Density Residential HDR-High Density Residential
West Agriculture/Mining
Agricultural CC-Community Commercial
LDR-Low Density Residential MDR – Medium Density Residential
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consistent with other mines in the vicinity.
Because the applicant will likely not begin excavation activity until at least halfway through the year, staff is
recommending that the initial operating permit be extended until the end of 2024, at which point the site
would require an annual review like all similar mining operations. Staff is recommending a condition of
approval that the applicant provide the basic information needed as part of its annual review by the end of
the year for review by staff. Staff also anticipates conducting an inspection before the end of the year that
coincides with the other mineral extraction permit reviews. In addition to a site inspection, the annual
mineral extraction permits include consultation with the Rosemount Police Department regarding any
police activity at the site. Staff will request these records prior to the end of the year and as part of the
2024 permit review. This is consistent with the approval of the Steiniger mining operation that also
received approval midyear.
Staff has drafted a proposed permit with conditions for review by the Planning Commission as part of its
review.
RECOMMENDATION Staff recommends approval of this request based upon a review of the information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City Code, and the attached permit with
conditions of approval.
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Mineral Extraction Permit
2023-2024 Conditions for Small Scale Mineral Extraction Permit
FRATTALONE COMPANIES, INC.
A Frattalone Companies Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to
these conditions binding itself and its successors or assigns to the conditions of said permit.
B The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11-10-04 of the City Code.
C This permit is granted for the area designated as Phase 1 (approximately 15 acres) on Exhibit A, Mineral Extraction Permit Mine Plan, which is attached hereto as an exhibit. Regrading and reclamation shall
occur in the area designated Phase 1 on Exhibit A in accordance with the requirement of Section 11-10-4.4 of the City Code. Reclamation is not expected to occur in the 2023 or 2024 calendar year,
D The term of the permit shall extend from the date approved by the City Council until December 31, 2024 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit
fee shall be paid to the City of Rosemount.
E All required permits from the State of Minnesota, County of Dakota and City of Rosemount (hereinafter
"City") or any of their agencies shall be obtained and submitted to the City prior to the issuance of the permit. Failure by the Property Owner to comply with the terms and conditions of any of the permits
required under this paragraph shall be grounds for the City to terminate said mining permit.
F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan,
attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed
by the City from time to time.
G Primary access to the site by all gravel trucks and other mining related traffic shall shall be from County State Aid Highway 42, pending approval by Dakota County of an access permit. It shall be the Property
Owner's responsibility to obtain any access permits or easements necessary for ingress and egress. The
location of the accesses and/or easements for ingress and egress shall be subject to approval by the City, as well as the County Highway Department if any changes occur relative to the mining process. If an access
permit is not granted by the County, access shall be from Emery Avenue, subject to seasonal restrictions. H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner
shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or
contract to complete the clean-up at the Property Owner’s expense. In the event of a traffic hazard as
determined by the Public Works Director or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner’s expense without prior notification.
I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property.
J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to
prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on
Exhibit A.
K Any costs incurred now or in the future in changing the location of existing public or private utilities including but not limited to pipelines, transmission structures and sewer infrastructure located within the permit area shall be the sole obligation and expense of the Property Owner.
2
L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall
reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for
the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit.
M The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m. Monday through
Saturday, subject, however, to being changed by the City Council.
N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the
amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of active phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Property Owner. The required surety bonds must be:
(1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days
written notice to the permit holder and the City.
(2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Owner will faithfully comply with all the terms, conditions and
requirements of the permit; all rules, regulations and requirements pursuant to the permit and as required by the City and all reasonable requirements of the City Engineer, or any other City officials. (4) Conditioned that the Property Owner will secure the City and its officers harmless against any and all
claims, or for which the City, the Council or any City officer may be made liable by reason of any accident or injury to persons or property through the fault of the Property Owner.
(5) The surety bond or cash escrow shall remain in effect from June 1, 2023 to July 31, 2025.
Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase
the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected.
O. The Property Owner shall furnish a certificate of comprehensive general liability insurance issued by insurers duly licensed within the State of Minnesota in an amount of at least Five Hundred Thousand and
no/100 ($500,000.00) Dollars for injury or death of any one person in any one occurrence, bodily injury
liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars and property damage liability in an amount of at least Two Hundred Fifty Thousand and no/100
($250,000.00) Dollars arising out of any one occurrence. The policy of insurance shall name the City as an additional insured and shall remain in effect from June 1, 2023 to July 31, 2025.
P. The storage of equipment (unrelated to the sand and gravel mining and processing), manure, construction debris, or hazardous materials of any kind shall not be permitted on site. The placement of construction
debris, manure, asphalt in any form or hazardous materials within the pit as fill shall be strictly prohibited. Q. No processing or mixing of materials shall occur on the site, except as approved by the Dakota County
Environmental Management Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with snow or cyclone fencing or as approved by City staff. Construction of any
ponding areas, wash plants or other processing or equipment brought to the site shall require additional
site and grading plan information subject to review and approval of the City Engineer.
R. The Property Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Property Owner shall indemnify the City for all costs, damages or expenses, including but not limited to attorney's fees that the City may pay or incur in consequence of such
claims.
3
S. The Property Owner shall comply with such other requirements of the City Council as it shall from time to
time deem proper and necessary for the protection of the citizens and general welfare of the community.
T. Complete mining and reclamation is required in all phases before any additional mining is authorized.
Modifications or expansion of the mining areas must be approved in writing to the City. Property Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the
site for the prior six-month period.
U. The Property Owner shall incorporate best management practices for controlling erosion and storm water
runoff as specified by the Minnesota Pollution Control Agency and the United States Environmental Protection Agency.
V. Reclamation shall include the replacement of the entire stockpile of topsoil on the mined area, reseeding and mulching necessary to re-establish vegetative cover for permanent slope stabilization and erosion
control. The minimum depth of topsoil shall not be less than two inches after reclamation. No restored slopes may exceed a gradient of 25% or four to 1 (4:1).
W. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials.
X. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed
premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Owner shall identify all Operators
prior to their commencement of mineral extraction-related activities in the pit area. The City shall have the
authority to cause all mineral extraction activities to cease at any time there is an apparent breach of the terms of this Permit.
Y. The Property Owner shall install and maintain a “stock” gate (or equivalent) at the entrance to the property
where the mining operation is located. The gate must be secured at 7:00 p.m. and at any time the pit is not
in use.
Z. There shall be no “haul-back” of materials from any other property or job site that would be imported to
the property for fill or other purposes other than incidental concrete recycling as referred to in paragraphs Q, W, and topsoil imported for the purpose of re-establishing turf as accepted by the City.
AA. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation
shown on Exhibit A with haul-back, clean-fill material. In no instance shall mining occur in the
groundwater aquifer.
CC. Blasting or the use of explosives is prohibited. DD. Truck operators within the pit area shall not engage in practices involving slamming tailgates, vibrating
boxes, using of “jake” or engine brakes (except in emergency situations) or other such activities that result in excessive noise.
EE. The City of Rosemount shall have the ability to collect independent soil and water samples.
FF. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in Minnesota State Statute 609.605.
Frattalone Companies, Inc., Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit.
4
IN WITNESS WHEREOF, the Property Owner has hereunto set his hand this _____ day of __________________, 2023. Frattalone Companies, INC. By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2023, by __________________________________, on behalf of Frattalone Companies, Inc., Property Owner. ______________________________________ Notary Public
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc.Page 1
1.0 INTRODUCTION
1.1 Application Request
Frattalone Companies, Inc. (Frattalone) is applying for a Small Scale Mineral Extraction Permit for a
gravel mining pit to be located on a parcel located within Section 29, Township 115, Range 18,
Dakota County, Minnesota. The proposed site will be used for soil borrow, staging/stockpiling, and
backfill.
The following sections of this document describe information required under Rosemount,
Minnesota City Code Chapter 10 Section 11‐10‐4 Small Scale Mineral Extraction.
1.2 Applicant Information
Name: Frattalone Companies, Inc.
Contact Person: Scott Spisak
Address:3205 Spruce St, St Paul, MN 55117
Telephone (office): (651) 484‐0448
Email: scotts@frattaloneco.com
1.3 Site Location and Ownership
The mining pit (Facility) will be located on the south half of the parcel listed below according to the
corresponding Dakota County Parcel ID number:
Parcel ID 340290075010
Owner Landspec Fund 4, LLC
Address 4558 Trading Post Trl S, Afton, MN 55001
Mapped Acres 73.39
Zoning Agricultural
Tax Description E 72 ½ A of SE ¼ Subj to Hwy Easmnt Parcel 17 on CTY R/W Map 21A,
Section 29, Township 115, Range 18, Dakota County, Minnesota.
The location of this parcel is shown on Sheet 1 in the Pollution Prevention Plan in Appendix A.
Frattalone will operate the Facility under a lease agreement with the landowner(s). The property is
currently farmed and will return to agricultural use following site reclamation.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc.Page 2
2.0 PROJECT DESCRIPTION
2.1 Stormwater Pollution Prevention Plan
A Pollution Prevention Plan (P2 Plan) is attached in Appendix A and includes the location map,
adjacent land owners, site plans, proposed excavation grades, proposed reclamation grades,
stormwater management plan, and erosion and sediment control plan for the Facility. The P2 Plan
consists of the following sheets:
Sheet 1 ‐ Index Sheet
Sheet 2 ‐ Existing Conditions and Adjacent Land Owners
Sheet 3 ‐ Site Plan
Sheet 4 ‐ Reclamation Plan
Sheet 5 ‐ Narrative
Sheet 6 ‐ Inspection Form
Sheet 7 – Training Form
The P2 Plan shows existing features including: 2‐foot existing Lidar contours provided by the
Minnesota Department of Resources (DNR); wetland boundaries provided by the US Fish and
Wildlife Service National Wetland Inventory (NWI); property boundaries and roadways provided
by Dakota County GIS; and building locations and existing vegetation shown on aerial imagery
obtained from Google Earth. The P2 Plan also illustrates pertinent site development information
including site access, existing structures, existing vegetation, topsoil management, best
management practices (BMP’s) and site grading.
2.2 Site Preparation and Operations
Site preparation will primarily include installing erosion and sediment controls, stripping and
stockpiling topsoil for later use in reclamation, grading access roadways on the site, and excavating
an infiltration pond to contain stormwater from initial site development. Primary activities to be
conducted at the Facility include soil and aggregates excavating, processing, loading, stockpiling,
backfill, and grading. All mining activities will take place within the mining boundary illustrated
on Sheets 2‐4 of the P2 Plan.
The Phase 1 mining boundary encompasses a total area of 15‐acres which will be stripped in
segments as mining progresses. Mining would begin in the north portion of Phase 1 and work
southward along the east mining boundary. Once reaching the southern limits, mining would
progress in a westerly direction along the entire north‐south pit face. Backfill with haul back
material would follow in much the same method to restore the site to reclamation grades. Phase 2
shall not be mined until at least seventy percent (70%) of Phase 1 has been rehabilitated as per City
Code and as described in subsequent sections of this application. Phase 2 encompasses 11.08‐acres
and would be mined in a westerly direction along the north-south pit face.
Carlson McCain, Inc.Page 3
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Sheet 3 of the P2 Plan shows anticipated excavation grades for the mine. The bottom elevation of
840 feet above mean sea level results in mining depths of approximately 2 to 54 feet below existing
ground surface. Actual mining depth may vary from that shown on Sheet 3 based on market
demand and subsurface conditions encountered. Mining will not extend below the groundwater
table, which is anticipated to occur at an elevation of 800 feet MSL or lower, based on water
table contours available on the Dakota County GIS website. A maximum excavation slope of 4H:1V
will be maintained on the east edge of mining, which is adjacent to a gas utility easement.
Other sideslopes of excavation around the site will be limited to a maximum of 1H:1V.
The overall soil excavation volume of the earthwork represented by the grading contours on Sheet 3
is approximately 1,588,500 cubic yards. An estimated 39,000 cubic yards of this volume will be
topsoil, which will be stripped and stockpiled as diversion/screening berms graded around mining
activities. All topsoil will remain onsite for use in reclamation. Existing topsoil is estimated to be
11‐inches thick on average across the 26.08‐acre mining area, based on data from the US
Department of Agriculture Natural Resources Conservation Service (NRCS) Web Soil Survey. The
NRCS soil survey data is included in Appendix B.
Mining will be phased to reduce open area by backfilling and restoring the site to the grades shown
on Sheet 4 of the P2 Plan once respective segments of the pit have been fully excavated. Once all
reclamation has been completed, the site will be returned to agricultural use. The overall backfill
volume to establish reclamation grades is approximately 1,018,500 cubic yards, which includes re‐
spreading all 39,000 cubic yards of stripped topsoil. Additional details on site reclamation are
presented in Section 4.
Excavation is estimated to occur at a rate of 100,000 cubic yards per year which corresponds to an
estimated operational life of the Facility of 16 years. Backfill material is estimated to be backhauled
at a rate of 65,000 cubic yards per year. Actual rates of excavation and backfill of the site will vary
depending upon market demand for aggregate materials.
2.3 Adjacent Land Owners
Land owners within ¼ of a mile of the property are shown on Sheet 2 of the P2 Plan. Address labels
for adjacent land owners are attached in Appendix D.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 4
3.0 OPERATIONAL STANDARDS
3.1 Hours of Operation
Hours of operation for the Facility will be 7:00 a.m. to 7:00 p.m., Monday through Saturday.
3.2 Site Access
Access to the Facility will be via a constructed gravel driveway. Frattalone intends to make
application to Dakota County for an entrance directly from County Highway 42 as shown on Sheet
3 of the P2 Plan. Similar to existing mining permitted properties immediately to the west, this
would be the site access.
In the event that Dakota County denies an entrance permit or imposes conditions and requirements
above and beyond similar adjacent properties and permitted operations, creating a competitive
disadvantage, Frattalone would utilize the entrance off of Emery Avenue, also shown on Sheet 3 of
the P2 Plan.
A rock construction exit will be installed at each driveway exit prior to topsoil stripping and
material hauling to prevent offsite soil tracking. Frattalone will be responsible for maintaining the
construction entrance and removing any soil tracked onto adjoining roadways. Sediment tracking
BMP’s and maintenance are further described in the P2 Plan.
3.3 Borrow Limits and Setbacks
Setbacks for mining activities from the south and west edge of the property are 30‐feet from
adjacent properties to the south and west. A gas line runs through the east side of the parcel and
mining activities are setback 5’ west from the utility easement. To the north, mining limits are
bound by the lease boundary. Setbacks are shown on Sheet 3 in the P2 Plan. Documentation of
utility easements on the property are attached as Appendix C.
3.4 Floodplains and Shorelands
The site is not located within floodplains or shorelands.
3.5 Wetlands
Wetlands mapped by the NWI in the vicinity of the Facility are shown on Sheet 1 of the P2 Plan. A
formal wetland delineation has not been completed. No wetlands exist on the property and no
wetlands will be drained, filled, excavated, or receive discharges from pit operations. The nearest
wetland is approximately 3,200‐feet east of the Facility. All stormwater contacting disturbed land
during pit operations will be infiltrated.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 5
3.6 Stockpile Slopes
Typical slopes of stockpiles may vary between 1H:1V and 2.5H:1V. Steep slopes will be monitored
for erosion and slope stability. Any slopes that show signs of instability or excessive erosion shall
be re‐graded. Vegetation shall be established on diversion/screening berms graded from topsoil
within 7 days of final grading.
3.7 Housekeeping and Site Safety
The Facility will employ good housekeeping practices. Examples of these good housekeeping
practices include the following:
Equipment will be inspected daily during normal operations and kept in good working
order.
Equipment washing will not occur onsite.
Any fuel or chemical stored onsite will be stored in compliance with all applicable
Minnesota Pollution Control Agency (MPCA) requirements. Secondary containment will be
provided for all tanks.
Leaks and spills will be promptly cleaned up and reported to the site manager and MPCA
as appropriate. Spill cleanup material will be stored onsite in an accessible location.
Appropriate waste receptacles will be available to employees and customers to prevent litter
around the site.
Sanitary facilities will be available onsite and will be serviced regularly.
Routine employee training is conducted on good housekeeping practices and spill response.
Frattalone maintains a corporate safety manual which describes safety standards that will be
employed at the Facility.
3.8 Environmental Review
The project size does not trigger preparation of a mandatory Environmental Assessment
Worksheet. Operational practices used to prevent environmental impacts are presented in the
following sections.
3.9 Dust
Facility activities generate dust through vehicle traffic on unpaved roads, processing operations,
such as loading from stockpiles, and other material handling and transport operations. Fugitive
dust will be controlled with best management practices to comply with MPCA standards. The
following is a list of BMP’s that will be employed to minimize fugitive dust emissions at the site.
Applying water to unpaved roads
Stabilizing unworked areas with topsoil and vegetation
Maintaining unpaved roads in a well‐graded condition
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 6
Limiting unnecessary traffic through the Facility
Limiting traffic speed within the Facility
Performing prompt reclamation of disturbed areas following termination of Facility
operations
3.10 Noise
Site activities will generate noise through operation of earthmoving and processing equipment.
Levels of noise will be controlled to comply with standards established by the MPCA and US
Environmental Protection Agency. Noise generated at the site will be mitigated using the following
techniques, which have proven effective at other similar facilities:
Truck traffic will be routed in a loop to the extent practical in order to minimize the use of
back up alarms.
White noise backup alarms will be utilized if existing controls do not sufficiently mitigate
the noise generated by traditional beeping backup alarms.
Equipment will be maintained in good working order and with standard noise reduction
equipment such as mufflers.
3.11 Existing Vegetation
Existing trees and vegetation will be preserved to all extents feasible, however site preparation will
require clearing and grubbing of approximately 7.5‐acres of trees as shown in the P2 Plan. Wooded
areas will be maintained until respective areas will be opened for mining. Following site
reclamation, land will be returned to agricultural use with prairie grasses established on steeper
slopes which will not be farmable.
3.12 Traffic
Traffic will access the site from County Highway 42 or Emery Avenue East, as discussed in Section
3.2.
3.13 Stormwater and Erosion Control
Stormwater management for the mining pit and reclamation operation will comply with
regulations as specified by the MPCA as well as requirements of the National Pollutant Discharge
Elimination System (NPDES), including obtaining a permit and adoption of the P2 Plan included as
Appendix A.
Site subsoils predominantly consist of poorly graded sand, silty sand, and poorly graded gravel or
USCS groups SP, SM, and GP soils, which correspond to hydrologic soil groups A and B soils. Soil
data obtained from the NRCS Web Soil Survey is included in Appendix B. Hydrologic soil group A
and B soils allow water to infiltrate well, so all water contacting mining activities will be contained
at the Facility and infiltrated. An infiltration pond will be graded during initial site development
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 7
and will be sized as necessary to contain all stormwater contacting mining activities. As mining
progresses, stormwater will be infiltrated across the floor of the mine pit. Run‐on and run‐off
diversion/screening berms will be graded from stripped topsoil around the perimeter of the site.
Silt fence shall be maintained downstream of the berms until vegetation is established (at least 70%
coverage) on the berms. If erosion or sediment transfer off the property occurs, the issues shall be
dealt with promptly by removing any deposited sediment, re‐grading or repairing the area as
necessary, seeding, and stabilizing the area with mulch, hydro‐mulch, or erosion control blanket, as
appropriate.
Additional details on stormwater control can be found in the P2 Plan.
3.14 Topsoil Management
Topsoil will be stripped to the full depth as a part of site preparation and segregated into dedicated
diversion/screening berms or stockpiles. Diversion/screening berms will be graded on the north,
east, and south sides of pit, as those respective portions of the Facility are excavated. Berms will be
uniformly graded and vegetated so that pit operations will be screened. Berms and stockpiles will
be stabilized within 7 days of final grading. Topsoil will not be exported from the site and import
of topsoil is not expected to be necessary for reclamation.
As stated previously, the average depth of existing topsoil is approximately 11 inches. For site
reclamation, stripped topsoil will be re‐placed uniformly to approximately the same depth, but in
no case less than 6‐inches deep. Compaction of the soil layer will be limited to the equipment
necessary to spread the layer.
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 8
4.0 SITE RECLAMATION
Site reclamation will include removal of all equipment, stockpiles, temporary haul roads,
driveways, etc., re‐grading and placing backfill materials, and establishing vegetation. Imported fill
will be used to establish the reclamation grades and topsoil will be placed as described in Section
3.14 over imported fill to establish the approximate grades shown on Sheet 4 of the P2 Plan.
Once finished reclamation grades are established, vegetation will be established within 7 days of
final grading by seeding with MnDOT seed mixture 32‐241 at a seeding rate of 38‐pounds per acre
or MnDOT seed mixture 35‐241 at a seeding rate of 36.5‐pounds per acre and applying MnDOT
Type 1 Mulch (2‐tons per acre) and commercial fertilizer (application rate will be determined from
soil testing prior to reclamation). As necessary, downstream silt fence shall remain in place and be
maintained until vegetation is established (at least 70% coverage) on all seeded areas. Once
vegetation is established, all temporary synthetic erosion and sediment control BMP’s shall be
removed. Upon establishment of end‐use conditions, sediment carried by stormwater over
reclaimed areas will be collected within surrounding surficial depressions and ponds, in a similar
manner to the current surface drainage.
The following additional reclamation standards will be implemented:
All materials used for reclamation backfill shall be free of contaminants and shall be non‐
noxious, non‐flammable and non‐combustible.
The graded or backfilled area shall not collect or permit stagnant water to remain therein,
unless there is an approved ponding area or wetland restoration or creation.
Graded or backfilled areas shall be surfaced with at least six inches of soil of a quality at
least equal to the topsoil of the surrounding area.
Final stabilization will be achieved within 3 months after termination of Facility activities.
This includes removal of all equipment, vehicles, machinery, materials, stockpiles, and other
materials incidental to the Facility operation.
Reclamation will not result in an increase in impervious area from existing conditions.
Erosion and sediment control measures specified in the P2 Plan will be followed until the
termination of applicable permits (e.g. NPDES).
Small Scale Mineral Extraction Permit Application Narrative
Berger Pit
Carlson McCain, Inc. Page 9
5.0 CERTIFICATION
I hereby certify that this plan, specification, or report was prepared by me or under my direct
supervision and that I am a duly Licensed Professional Engineer under the laws of the State of
Minnesota.
Brannon Peterson, P.E.
Project Engineer
Date: 3/22/2023 License # 58910
Nicholas Bonow, P.E., P.G.
Principal Engineer/Geologist
Date: 3/22/2023 License # 47510
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Drawn:
Designed:
Date:
BLP
BLP
15650 36TH AVE NSUITE 110PLYMOUTH, MN 55446TEL (952) 346-3900FAX (952) 346-3901CARLSONMCCAIN.COM
BLP1 ISSUED FOR PERMIT APPLICATION 2
of
7
EXISTING CONDITIONS
& ADJACENT LAND OWNERS
POLLUTION PREVENTION PLAN
DESCRIPTIONREVDATEBYI hereby certify that this plan, specification
or report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota
Print Name:
Signature:
Date:License #:
EXISTING CULVERT
FRATTALONE COMPANIES, INC.
3205 SPRUCE STREET, ST. PAUL, MN 55117
BERGER PIT
ROSEMOUNT, MN
NOTES:
1.TOPOGRAPHIC CONTOURS FROM MN DNR MNTOPO
GIS ELEVATION DATA.
2.PROPERTY BOUNDARIES AND ROADWAYS FROM
DAKOTA COUNTY GIS DATA.
3.OVERHEAD ELECTRIC AND WOODS APPROXIMATE
FROM AERIAL IMAGERY.
STORMWATER FLOW DIRECTION
LEASE BOUNDARY
TOPOGRAPHIC MAJOR CONTOUR
TOPOGRAPHIC MINOR CONTOUR
880
APPROXIMATE OVERHEAD ELECTRIC
LEGEND
APPROXIMATE WOODS
PROPOSED MINING BOUNDARY
BOLANDER PED PIT
(EXISTING MINING)
NEIGHBORING PARCELS
APPROXIMATE WELL
PROPERTY BOUNDARY
EXISTING FIELD
ENTRANCE
(10' INTERVAL)
(2' INTERVAL)
EXISTING CULVERT
APPROX. ELECTRIC
TRANSMISSION LINE
GRAVEL ROADWAY
APPROX.
OVERHEAD
ELECTRIC
ELECTRIC
TRANSMISSION
TOWER
ELECTRIC
TRANSMISSION
TOWER
APPROX. BURIED
HAZARDOUS LIQUID
PIPELINE AND 50' EASEMENT PROPOSED MINING
BOUNDARY
APPROX. BURIED
HAZARDOUS LIQUID PIPELINE
AND 50' EASEMENT
APPROX. IRRIGATION
WELL IRRIGATION BOOM
RADIUS
APPROXIMATE BURIED PIPELINE
LEASE BOUNDARY
APPROXIMATE EASEMENT
Brannon L. Peterson, PE
58910
APPROX. 165' ELECTRIC
TRANSMISSION LINE
EASEMENT
3/22/233/22/23
3/22/23
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Date:
BLPBrannon L. Peterson, PE
BLP
58910
15650 36TH AVE NSUITE 110PLYMOUTH, MN 55446TEL (952) 346-3900FAX (952) 346-3901CARLSONMCCAIN.COM
BLP1 ISSUED FOR PERMIT APPLICATION 3
of
7
SITE PLAN
POLLUTION PREVENTION PLAN
DESCRIPTIONREVDATEBYI hereby certify that this plan, specification
or report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota
Print Name:
Signature:
Date:License #:
NOTES:
1.PHASE 2 SHALL NOT BE EXCAVATED UNTIL AT LEAST 70% OF PHASE 1 HAS BEEN
RECLAIMED AS SHOWN ON SHEET 4. MINERAL EXTRACTION IS NOT TO EXCEED
19.5 ACRES OF OPEN EXCAVATION AT ANY ONE TIME.
2.INSTALL DIVERSION BERMS AS NECESSARY TO CONTAIN ALL STORMWATER AS
MINING PROGRESSES.
3.STABILIZE ALL DIVERSION AND SCREENING BERMS WITH VEGETATION ON THE
UPSTREAM AND DOWNSTREAM SIDE OF THE BERMS. ENSURE BERMS ARE 70%
COVERED WITH VEGETATION BEFORE REMOVING SILT FENCE. MAINTAIN
VEGETATION ON THE BERMS AS NECESSARY.
4.MAINTAIN ROADWAYS IN WELL GRADED CONDITION, LIMIT HAUL TRAFFIC TO
ROADWAYS, AND LIMIT TRAFFIC TO 15 MPH TO PREVENT OFFSITE SEDIMENT
TRACKING, INCLUDING MUD AND OTHER DEBRIS.
FRATTALONE COMPANIES, INC.
3205 SPRUCE STREET, ST. PAUL, MN 55117
BERGER PIT
ROSEMOUNT, MN
PHASE 1 DIVERSION/SCREENING BERM
PHASE 1 SILT FENCE
LEASE BOUNDARY
TOPOGRAPHIC MAJOR CONTOUR (10' INTERVAL)
TOPOGRAPHIC MINOR CONTOUR (2' INTERVAL)
880
EXISTING OVERHEAD ELECTRIC
LEGEND
APPROXIMATE WOODS
MINING BOUNDARY
NEIGHBORING PARCELS/SUBDIVISIONS
PROPERTY BOUNDARY
GRAVEL ROADWAY
APPROX. ELECTRIC
TRANSMISSION LINE
APPROX. BURIED
HAZARDOUS LIQUID PIPELINE
AND 50' EASEMENT
PROPOSED MINING
BOUNDARY
IRRIGATION BOOM
RADIUS
INSTALL SILT FENCE
ALONG LEASE BOUNDARY
TEMPORARY INFILTRATION POND;
BOTTOM EL. 835
SILT FENCE MAINTAINED AT
EAST EDGE OF PHASE 2 MINING
PROPOSED PRIMARY ACCESS
ROAD WITH LOCKED GATE
(PENDING PERMIT APPROVAL
FROM DAKOTA COUNTY)
JERSEY BARRIERS INSTALLED TO
PROTECT TRANSMISSION TOWER
4H
:
1
V
1H:1V EXCAVATION
SLOPE
1H:1V EXCAVATION
SLOPE
1H:1V EXCAVATION
SLOPE
PROPOSED SECONDARY
SITE ACCESS WITH
LOCKED GATE
EXCAVATION MAJOR CONTOUR (10' INTERVAL)
EXCAVATION MINOR CONTOUR (2' INTERVAL)
930
PHASE 2 DIVERSION/SCREENING BERM
PHASE 2 SILT FENCE
INSTALL ROCK CONSTRUCTION EXIT
INSTALL ROCK CONSTRUCTION EXIT
APPROXIMATE BURIED PIPELINE
APPROXIMATE EASEMENT
APPROXIMATE WELL
APPROX. 165' ELECTRIC
TRANSMISSION LINE
EASEMENT
3/22/233/22/23
3/22/23
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HAZARDOUS LIQUID PIPELINE
AND 50' EASEMENT
Drawn:
Designed:
Date:
BLP
BLP
15650 36TH AVE NSUITE 110PLYMOUTH, MN 55446TEL (952) 346-3900FAX (952) 346-3901CARLSONMCCAIN.COM
BLP1 RECLAMATION PLAN
POLLUTION PREVENTION PLAN
FRATTALONE COMPANIES, INC.
3205 SPRUCE STREET, ST. PAUL, MN 55117
BERGER PIT
ROSEMOUNT, MN
PROPOSED SILT FENCE
LEASE BOUNDARY
TOPOGRAPHIC MAJOR CONTOUR (10' INTERVAL)
TOPOGRAPHIC MINOR CONTOUR (2' INTERVAL)
880
EXISTING OVERHEAD ELECTRIC
LEGEND
APPROXIMATE WOODS
MINING BOUNDARY
NEIGHBORING PARCELS/SUBDIVISIONS
PROPERTY BOUNDARY
GRAVEL ROADWAY
4
of
7
DESCRIPTIONREVDATEBYI hereby certify that this plan, specification
or report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota
Print Name:
Signature:
Date:License #:
APPROX. ELECTRIC
TRANSMISSION LINE
IRRIGATION BOOM
RADIUS
LEASE BOUNDARY
4H
:
1
V
3H:1V RECLAMATION
SLOPE
RECLAMATION MAJOR CONTOUR (10' INTERVAL)
RECLAMATION MINOR CONTOUR (2' INTERVAL)
930
3H
:
1
V
2%
2%
2%
~6%
NOTES:
1.INSTALL SILT FENCE, AS NECESSARY, ALONG ALL DOWNSTREAM PERIMETERS OF
RECLAMATION ACTIVITIES.
2.ALL TEMPORARY ACCESS ROADS SHALL BE SALVAGED AND REMOVED FROM THE
SITE.
3.ALL RECLAIMED AREAS SHALL RECEIVE A MINIMUM OF 6" OF TOPSOIL.
APPROXIMATE BURIED PIPELINE
APPROXIMATE EASEMENT
Brannon L. Peterson, PE
58910
ISSUED FOR PERMIT APPLICATION
APPROXIMATE WELL
APPROX. 165' ELECTRIC
TRANSMISSION LINE
EASEMENT
3/22/233/22/23
3/22/23
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3
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: April 25, 2023
Tentative City Council Meeting: May 16, 2023
AGENDA ITEM: 23-19-CUP Request by David Schmitz for
an amendment to the Conditional Use Permit that was approved in 2020 for North 20 Brewing to extend the hours of operation and to allow for outdoor live
music and food trucks on site.
AGENDA SECTION: Public Hearing
PREPARED BY: Julia Hogan, Planner AGENDA NO. 5.c.
ATTACHMENTS: Site Location; Applicant Correspondence;
Previously Approved Conditional Use
Permit with Requested Amendments; Aerial Image; Public Comments
APPROVED BY: AK
RECOMMENDED ACTION: Motion to recommend the City Council approve an amendment to the existing Conditional Use Permit for North 20 Brewing located at 12296 Bacardi Avenue to extend the hours of operation and to allow for outdoor live music and food trucks on site, subject to conditions:
1.Conformance with all requirements of the original conditional use permit outlined inResolution 2020-75, excluding the conditions that are amended.2.Food trucks that will be on site must comply with the Mobile Food Units Chapter ofthe City’s Code.
3.The property will need to adhere to all noise requirements that are found within theCity’s Code.
SUMMARY Property Owner and Applicant: David Schmitz
Location: 12266 Bacardi Avenue
Site Area in Acres: 2.5 Acres
Comprehensive Plan Designation RR – Rural Residential
Current Zoning: AG – Agriculture
The Planning Commission is being asked to consider a request by David Schmitz to amend the existing
Conditional Use Permit for North 20 Brewing that was approved by the City Council in 2020 to extend
the hours of operation and to allow for outdoor live music and food trucks on site. The Conditional Use
Permit that was approved for the microbrewery and taproom contained 17 conditions. The applicant is
looking at amending conditions 3 and 17 of the Conditional Use Permit. Condition 3 states “Hours of
operation shall be limited to the following: Monday-Thursday 4:00 PM to 9:00 PM; Friday 4:00 PM to
10:00 PM; Saturday 11:00 AM to 10:00 PM; Sunday 11:00 AM to 9:00 PM. On all days, the outdoor patio
shall be closed at the same time as the taproom.”. The applicant is looking to extend the current hours of
operation that are stated in condition 3 to Monday-Thursday 11:00 AM to 10:00 PM; Friday-Saturday
11:00 AM to 11:00 PM; Sunday 11:00 AM to 10:00 PM. Condition 17 states “Outdoor live music or on-
2
site food trucks are prohibited.” The applicant is requesting to amend this condition within the
Conditional Use Permit which would allow for outdoor live music and food trucks on site. If the 17th
condition is amended to allow for outdoor live music and food truck, there will still be provisions to allow
for both on site. Food trucks will need to adhere to the requirements of Mobile Food Units chapter of the
City Code. The property, including the use of outdoor live music, will need to comply with the noise
standards that are found within the City’s Code as well. The remaining conditions that are a part of the
existing conditional use permit will remain in effect and will be required to be complied with. Staff
recommends approval of the request, subject to the conditions outlined in the recommended action
section above.
BACKGROUND In 2020, the applicant came forward to the City requesting a Conditional Use Permit, Simple Plat, and a
Variance to facilitate the construction of a microbrewery with taproom on land he owned in the AG-
Agricultural zoning district. The original subject parcel owned by the applicant is located at 12296 Bacardi
Avenue, which currently contains a single-family residential structure and a detached accessory building.
The applicant requested a simple plat to divide the 19.83-acre parcel into two separate lots so that the
microbrewery could be located on a separate parcel. The site is located a little more than one mile north of
Bonaire Path and ¼ mile south of 120th street on the eastern side of Bacardi Avenue. The site is split
between open fields and grass areas in the northern half of the property and heavily wooded areas
covering the southern portion of the property. The applicant proposed a 4,355 square feet microbrewery
designed to look like a rural structure complete with gabled barn-style roof, vertical siding panels, large
overhead doors and other decorative elements intended to mimic a barn or other agricultural structure.
The microbrewery was proposed to be located on a relatively flat portion of the site closer to Bacardi
Avenue and accessed via a new driveway off of Bacardi Avenue as well.
The microbrewery design showed that within the structure roughly half of the floor space would be
devoted to the brewing operation, which included fermentation tanks, coolers, and other brewing
equipment. The other portions of the operation included a bar and seating area for the taproom,
restrooms, meeting area, and kitchen. The applicant indicated that the kitchen would serve a limited menu
of food items (i.e. pizza and appetizers) to compliment the beer available for sale. The plans also included
an outdoor concrete patio in the northeast corner of the building which would provide an outdoor seating
area for patrons of the facility. The overall interior seating capacity was expected to be 89 persons, with an
additional 23 seats available in the patio area, which resulted in a parking requirement of 38 stalls
(including the brewery operations).
This item went in front of the Planning Commission at both the April and May 2020 meetings. During the
first meeting the Commissioners discussed the application and public hearing comments and stated that
they would like additional information from staff before moving forward. The second meeting included
staff addressing questions that the Commission had on the additional information. During that meeting
the applicant also expressed concern over the reduced hours of operation proposed by staff and asked the
Commission to consider later hours that would allow customers to take advantage of the longer daylight
hours during the summer months, particularly on the patio. The applicant explained their plans for the
property stating that they envisioned a small neighborhood brewery that is very family-friendly. The
Commission and applicant arrived at an agreement for hours of operation. After completing the review,
the Commission approved the requested variances and recommended approval of the Simple Plat and
CUP for the microbrewery. The Simple Plat and CUP for the proposed microbrewery was then approved
by the City Council at their June 2020 regular meeting.
Since the approval by the Council, the Microbrewery and taproom known as North 20 Brewing has
finished construction and opened to the public in July 2022.
3
Conditional Use Permit Legal Authority Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a
judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved.
Purpose
The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of
demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. In reviewing such applications, the city may attach reasonable
conditions necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive
plan and city code provisions.
As a Conditional Use, microbreweries are subject to the general CUP standards outlined in Section 11-10-7 and as well as the standards specific to AG-Agricultural zoning district for microbreweries. Below is a list
of the requirements for approving a conditional use permit and along with that are the findings that staff found back in 2020 during the original CUP process along with updated information as well.
Review and Analysis (CUP Requirements and Findings)
1) Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the city.
Finding: The zoning ordinance allows certain specific activities that are more commercial in nature within the AG – Agricultural zoning district and that allow a reasonable economic return on larger
parcels that have historically been used for farming activities but are no longer viable for such activities. The site design and conditions of approval are intended to address any off-site impacts
from construction and operation of a microbrewery on the site. The brewing of beer and service of food and beverages will take place entirely within enclosed structure except for an outdoor patio
facing away from the public street.
2) Will be harmonious with the objectives of the comprehensive plan and city code provisions.
Finding: The site is guided for Rural Residential land uses, and the AG – Agricultural zoning
district is listed as an acceptable zoning for this land category. The Comprehensive Plan supports activities that promote a reasonable economic return on larger agricultural properties outside of the
City’s MUSA boundary. The Plan further supports the expansion of restaurant and local shopping opportunities within the community. The proposed microbrewery complies with all applicant site
and building design standards in the zoning ordinance.
3) Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.
Finding: The microbrewery is designed to resemble an agricultural building, and will use
architectural features and elements that look like a historic farm out building
4) Will be served adequately by existing (or those proposed in the project) essential public
4
facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools.
Finding: The site will be served with private well and septic systems designed to meet current
standards and appropriately sized for the expected uses.
5) Will not involve uses, activities, processes, material equipment, and conditions of operation that will be hazardous or detrimental to any persons, property, or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Finding: All processing associated with the microbrewery will occur within an enclosed building,
and no external impacts, including noise, smoke, fumes, glare or odors are expected from the use.
6) Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
Finding: The use will generate additional truck and vehicular traffic, but not in a capacity that
would be substantially different from an active agricultural use. There is sufficient capacity along
Bacardi Avenue to handle additional traffic from the use. The applicant has designed the site to
comply with all parking and access spacing requirements.
7) Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of
major importance and will comply with all local, state, and federal environmental quality standards.
Finding: The project will have little to no environmental impact, nor will it result in the
destruction, loss, or damage of any natural, scenic, or historic feature of major importance. The
site is located adjacent to the Wiklund Nature Preserve, but the microbrewery will be situated over
150 feet from this boundary and will leave existing trees along the northern property line in place
that will act as a buffer to the preserve.
The AG – Agriculture zoning district includes several specific requirements for microbreweries as follows:
1) The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights-of-way. No loading docks or overhead vehicle doors shall be on a side abutting any public rights-of-way or any residential use or district.
Finding: The building does not include a loading dock, and the pull up doors providing access to
the outdoor patio face away from the public street.
2) The principal building shall be the primary source for screening of the loading area or any required outdoor equipment.
Finding: Other than the screened trash enclosure area, the applicant is not planning to install any
outdoor equipment or designate a loading area for the facility.
3) All drives, loading and parking areas for the microbrewery and associated uses shall be paved with a concrete or bituminous surface including concrete curbing.
Finding: Staff included a condition of approval that required paving of the driveway and parking
lot at the time the City paved Bacardi Avenue in front of the use. The delay in paving is consistent
with the agricultural character of the area.
5
4) Pedestrian circulation between the parking area and the microbrewery and associated uses
shall be provided through sidewalks at least five feet (5') in width and paved with concrete, bituminous, pavers or similar hardscape.
Finding: A concrete walkway connecting the parking lot, building, and outdoor patio was shown
on the development plans and has been installed.
5) Outdoor seating is subject to the performance standards outlined for outdoor seating in
section 3-1-14 of this Code and subsection 11-4-14D of this chapter.
Finding: The applicant will need to comply with these standards.
RECOMMENDATION Staff recommends approval of an amendment to the existing conditional use permit for North 20 Brewing
located at 12266 Bacardi Avenue to extend the hours of operation from the current Monday-Thursday
4:00 PM to 9:00 PM; Friday 4:00 PM to 10:00 PM; Saturday 11:00 AM to 10:00 PM; Sunday 11:00 AM to
9:00 PM to Monday-Thursday 11:00 AM to 10:00 PM; Friday-Saturday 11:00 AM to 11:00 PM; Sunday
11:00 AM to 10:00 PM and to allow for outdoor live music and food trucks on site. Staff recommendation
of approval is based on the information provided by the applicant and reviewed within this report
From: schmitdl@frontiernet.net <schmitdl@frontiernet.net>
Sent: Monday, March 6, 2023 3:55 PM
To: Logan Martin <Logan.Martin@rosemountmn.gov>
Subject: North 20 Amendments to CUP
Good Afternoon Logan,
We would like to formally request two amendments to the terms of our conditional use permit.
1)We would like to be able to update our hours to the following:
Monday 11:00am-10:00pm
Tuesday 11:00am-10:00pm
Wednesday 11:00am-10:00pm
Thursday 11:00am-10:00pm
Friday 11:00am-11:00pm
Saturday 11:00am-11:00pm
Sunday 11:00am-10:00pm
We will likely have shorter hours than this the majority of the year but would like the ability to extend our hours if it
seems beneficial to do so.
2) We would like the ability to host live music at the brewery.
We appreciate you consideration of these updates.
Please let me know if you have any questions or require any additional information.
Thank you,
Christian Schmitz
North 20 Brewing Co
651-815-2541
From: schmitdl@frontiernet.net <schmitdl@frontiernet.net>
Sent: Friday, March 31, 2023 2:28 PM
To: Anthony Nemcek <Anthony.Nemcek@rosemountmn.gov>
Subject: North 20 CUP Amendment
Anthony,
We would like to have our conditional use permit amended to expand the hours we are able to be open to the public.
We feel it would be beneficial to be able to expand hours depending on the seasons to take advantage of the weather
and when people have time off during the year.
We would also like the ability to host live music as we have had a large number of patrons asking for this and we
feel it would be beneficial to the community to have this additional option for entertainment.
We appreciate your consideration of these amendments.
Thanks
Dave Schmitz
From: schmitdl@frontiernet.net
To: Julia Hogan
Subject: Re: North 20 CUP Amendment
Date: Tuesday, April 18, 2023 2:58:50 PM
Attachments: microsoftteams-image_ef2f6c6e-e43a-48ba-9790-ed6c40241373.png
Good afternoon Julia,
If you could add the ability to allow food trucks as part of the amendment that would be great. Thank you.
Dave Schmitz
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020-75
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP)
FOR DAVID SCHMITZ TO ESTABLISH A MICROBREWERY AND ANCILLARY
TAPROOM ON LOT 1, BLOCK 1 OF THE NORTH 20 BREWERY ADDITION.
WHEREAS, the Community Development Department of the City of Rosemount received an
application from David Schmitz, 12296 Bacardi Avenue requesting a Conditional Use Permit (CUP)
to establish a microbrewery and ancillary taproom on Lot 1, Block 1 of the North 20 Brewery addition;
and
WHEREAS, on May 12, 2020, the Planning Commission of the City of Rosemount reviewed and
conducted a public hearing for the conditional use permit application of North 20 Brewery; and
WHEREAS, the Planning Commission adopted a motion to recommend that the City Council
approve the conditional use permit application for North 20 Brewery with conditions; and
WHEREAS, on June 2, 2020, the City Council of the City of Rosemount reviewed the Planning
Commission recommendations for the conditional use permit.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves the conditional use permit to establish a microbrewery and ancillary taproom on Lot 1,
Block 1 of the North 20 Brewery addition, subject to the following conditions:
1. Submission of updated grading, drainage, and erosion control plans and a storm water management
plan that reflects the updated site plan submitted for the May 12, 2020 Planning Commission meeting.
2. Installation of septic system designed by a licensed septic designer and meeting all applicable city and
county standards.
3. Hours of operation shall be limited to the following: Monday-Thursday 11:00 AM to 10:00 PM 4:00
PM to 9:00 PM; Friday-Saturday 11:00 AM to 11:00 PM 4:00 PM to 10:00 PM; Saturday 11:00 AM to
10:00 PM; Sunday 11:00 AM to 10:00 PM 11:00 AM to 9:00 PM. On all days, the outdoor patio shall
be closed at the same time as the taproom.
4. Secure a liquor license for the taproom and compliance with all City standards for the taproom as
regulated by the license.
5. Compliance with all requirements of the Building Official in a memorandum dated April 8, 2020.
6. All driveways and parking areas shall be capable of supporting access by emergency vehicles and
equipment.
7. The parking area shall comply with the minimum setback of 50 feet from the Bacardi Avenue right-
of-way.
8. The driveway and parking area shall be paved with concrete or bituminous surface at the time the city
paves Bacardi Avenue in front of the Microbrewery property at the owner’s expense. All parking stalls
shall be clearly marked to ensure the maximum capacity of the parking area is available for use at all
times.
9. No parking for patrons of the microbrewery is allowed along Bacardi Avenue or within surrounding
neighborhoods. Should parking problems occur at the site, the applicant will be required to expand
the on-site parking lot.
10. City may sign Bacardi Avenue for no parking if necessary.
11. The applicant shall designate an overflow parking area that may be used during peak visitation periods
above and beyond 4-proof of parking stalls depicted on site plan
2
12. Submission of a lighting plan that includes lighting at the driveway entrance and uses down cast
fixtures. All lighting shall comply with the City’s lighting requirements.
13. Submission of an updated landscape plan that meets the City’s minimum requirements for
commercial development (1 tree per 3,000 square feet of area) and that includes the required
foundation plantings. Additional plantings may be required along the western edge of the parking lot
to provide a fully screen the parking lot from Bacardi Avenue.
14. Compliance with the performance standards outlined for outdoor seating in section 3-1-14 and
subsection 11-4-14D of the City Code.
15. Submission of a dust control plan for the driveway and parking area.
16. The taproom operation shall operate in compliance with the City definition of a microbrewery which
means no more than 3,500 barrels of malt liquor can be produced in a calendar year and taproom
which means that sales are limited to the on-sale of the malt liquor produced by the brewery.
17. Outdoor live music or on-site food trucks are prohibited.
ADOPTED this 2nd day of June, 2020 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
September 2022 Aerial
EXECUTIVE SUMMARY
Planning Commission Regular Meeting: April 25, 2023
Tentative City Council Meeting: May 16, 2023
AGENDA ITEM: 23-15-CUP Request by Holiday Stationstores, LLC for a Conditional Use
Permit to allow for the expansion of the
existing canopy and onsite improvements.
AGENDA SECTION:
Public Hearing
PREPARED BY: Julia Hogan, Planner AGENDA NO. 5.d.
ATTACHMENTS: Site Location; Property Survey; Existing Site Plan; Proposed Canopy Expansion/Improvement Site Plan; Grading Plan
APPROVED BY: AK
RECOMMENDED ACTION:
Motion to recommend approval of the Conditional Use Permit to allow for the expansion of
the existing canopy and onsite improvements, subject to the following conditions:
1)Applicant shall obtain a building permit for any renovation requiring a permit.
2)The applicant receives all applicable state, county and city licenses.
3)Applicant must provide a response/statement from the MPCA considers the
proposed installation of the new underground storage tanks to be complaint with all
measures necessary to protect underground drinking water supply in the area.
4)No public address system, music, or TV located on site shall be audible from a
noncommercial or nonindustrial use or district.
SUMMARY Applicant &
Property Owner: Holiday Stationstores, LLC
Site Location: 15066 Chippendale Ave
Site Area: 1.1 Acres
Land Use Des.: CC-Community Commercial
Current Zoning: C4-General Commercial
The Planning Commission is being asked to consider an application for a Conditional Use Permit to allow for the expansion of an existing canopy and onsite improvements at the existing Holiday Station Store at
15066 Chippendale Ave. Staff is recommending approval of the conditional use permit subject to the conditions.
PROPOSAL
The applicant came forward to the City requesting to add an expansion and as well as make improvements
to the existing Holiday Stationstore off of Chippendale Ave. The Holiday was built back in 1985, prior to
when conditional use permits were required for nonservice motor fuel stations within the C4-Genreal
Commercial zoning district. With the request to make improvements to the site, the City is requiring the
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applicant to obtain a conditional use permit for the site as well.
The applicant is requesting to add an expansion off the existing canopy on site to be able to add an
additional 3 fuel dispensers and adding LED lighting to the canopy. They will also be adding new
underground tanks, a new diesel dispenser and island, new pump islands under the existing canopy, a new
step in freezer, a new storage shed, and also relocating the existing parking onsite to the north to
accommodate the expansion of the canopy. They will also be demoing the existing trash enclosure and
replacing it. These improvements and additions to the site can be seen in the site plans that were submitted
by the applicant and included in the attachments of this report.
Across Country Road 42 from this site is a City Wellhead. The City has a Wellhead Protection Plan with
regards to regulating underground storage tanks which speaks on the existing federal and state regulations
provide adequate controls to manage underground storage tanks within the DWSMA (Drinking Water
Supply Management Area). Since Holiday is adding new underground tanks to their site a condition of
approval will note that a response/statement from the MPCA stating that by meeting the requirements of
the permit through the state the MPCA considers the proposed installation to be compliant with all
measures necessary to protect underground drinking water supply in the area. This will need to be
submitted to the City prior to City Council review.
CONDITIONAL USE PERMIT Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the
City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance
and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it
must be approved.
Purpose. The purpose of conditional use permits is to allow for those uses which are not generally
suitable by right within a given zoning district but may be suitable under some circumstances. The burden
of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all
applicable standards lies with the applicant.
As a conditional use, nonservice motor fuel stations are subject to the general CUP standards outlined in
Section 11-10-7 as well as the standards specific to this use in section 11-4-13.D. These standards evaluate
the City’s land use and zoning performance standards and the potential impact of the proposed use on the
surrounding neighborhoods. Many of the findings have already been proven due to the fact that this
Holiday Stationstore has been operating since the 1980s.
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the city.
Finding: The existing Holiday Stationstore will not be detrimental to the public health, safety, or
general welfare of the neighborhood or the City of Rosemount. This business has been on this site
since the 1980s and has functioned without issue. The requested expansion and improvements to
the site will improve the character of the property.
2. Will be harmonious with the objectives of the comprehensive plan and city code
provisions.
Finding: The subject property is currently zoned C4-General Commercial and guided for CC-
Community Commercial. The City Code allows for nonservice motor fuel stations as a Conditional
Use within the C4 zoning district.
According to the comprehensive plan, the Community Commercial land use designation is
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intended to provide retail, professional offices, and personal services that serve the daily and
weekly needs of the residents of Rosemount. The existing fuel station is a personal service that
serves residents of Rosemount daily and weekly.
3. Will be designed, constructed, operated, and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood.
Finding: The proposed changes are to expand on to the exiting canopy onsite, which exteriorly the
expansion will match the existing canopy. The existing parking will be moving further north on the
property but will be in the same vicinity as where the current parking spaces are.
4. Will be served adequately by existing (or those proposed in the project) essential public
facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools.
Finding: The existing fuel station is served adequately by existing essential public facilities and
services.
5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare
because of excessive production of traffic, noise, smoke, fumes, glare or odors.
Finding: The proposed expansion and improvements will not generate any additional external
impacts that would be expected from the existing convenience store/gas station. The closest
residential structure is 150-feet away across County Road 42 with the majority of the surrounding
uses being commercial.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
Finding: The proposed canopy expansion will not interfere with the existing drive aisle. The
applicant is proposing moving the current parking spaces on the north end of the expansion
further north for a larger drive aisle. The property’s existing vehicular ingress and egress will
remain as presently located on the site.
7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of
major importance and will comply with all local, state, and federal environmental quality standards.
Finding: The proposed use will not result in the destruction, loss, or damage of a natural, scenic,
or historic feature of major importance and will comply with all local, state, and federal
environmental quality standards.
8. These standards apply in addition to specific conditions as may be applied throughout this
code.
Finding: Nonservice motor fuel stations are also subject to the specific conditional use permit
standards in 11-4-13.D.
The proposed use must comply with the specific performance standards for nonservice motor fuel
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stations. These standards along with staff findings are detailed below.
1. The site and building(s) shall be designed to limit the effects of this use on adjacent
properties and public rights of way. No gasoline pumps shall be located on a site abutting any residential use or district. Sites or properties separated by a public right of way shall
not be considered abutting.
Finding: This property abuts up to two separate road ways, which are County Road 42 and Chippendale Ave. The areas to the south and east of the site are both commercial uses. This site
does not abut up to any residential use or districts.
2. The principal building shall be the primary source for screening the gasoline pumps from adjacent properties and/or rights of way. Landscaping and berming shall be a secondary
source for screening gasoline pumps. Should landscaping and berming be found ineffective by the city, the city may approve screening walls and/or decorative fencing as
an alternative. Screening walls shall be constructed of the same materials as the principal building and shall not extend more than twenty-five feet (25') without a change in
architecture to reduce their mass and appearance. The secondary source of screening (landscaping and berming or walls and/or decorative fencing) shall provide a minimum
ninety percent (90%) opacity screen to a height of four feet (4').
Finding: Since this Holiday Stationstore has been operating on this site for 30 plus years, there is established screening currently on site. There are trees located along all sides of the property, with
the majority of them being on the east side and on west side, which abuts up to Chippendale Ave. With the proposed parking on site moving further north, the applicant will be adding
berming/additional landscaping for screening requirements and they plan to add additional landscaping on western side of the property as well.
3. Stacking for gas pumps shall be provided for at least one car beyond the pump island in
each direction in which access can be gained to the pump. Each space shall be a minimum of nine feet (9') wide by eighteen feet (18') long.
Findings: The applicants site plans shows that there is room a for at least one car beyond the pump
island in each direction for both the existing pump islands and the proposed new ones.
4. Stacking areas shall be designed and located to minimize noises, emissions, and headlight glare upon adjacent properties and shall not interfere with circulation through any required
parking, loading, maneuvering or pedestrian area.
Finding: The proposed additional berming/landscaping will assist in limiting headlight glare across of County Road 42 and Chippendale Ave and the existing landscaping will continue to screen
headlight glare to the east of the property. The staking areas on site do not interfere with circulation or any required parking, loading, maneuvering or pedestrian area.
5. Fuel pumps shall be installed on pump islands. Pump islands shall be elevated six inches
(6") above the traveled surface of the site and shall conform to the applicable principal building setback. Additionally, there shall be sufficient area around the pump island(s) to
allow for safe and efficient movement of vehicles through the site, with a minimum twenty-four feet (24') between pump rows, measured curb face to curb.
Finding: The applicant has submitted plans showing the existing pump islands and as well as the
proposed additional pump islands that would be located under the canopy expansion. The plans
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show sufficient area around the pump islands to allow for safe and efficient movement of vehicles
through the site and meets the requirement of at least 24-feet between pump rows.
6. Underground fuel storage tanks are to be positioned to allow adequate access
by motor fuel transports and unloading operations that do not conflict with circulation, access and other activities on the site.
Finding: The applicant has submitted a site plan showing where the fuel storage tanks are located
and as well as a diagram of how the site has adequate access for motor fuel transports to access the
site without conflict.
7. A protective canopy structure may be located over the pump islands, subject to the
following standards: a. The edge of the canopy shall maintain setbacks as required for the principle
building. b. The architectural design, colors, and character of the canopy shall be consistent with
the principal building on the site. The canopy posts/signposts shall not obstruct traffic or the safe operation of the gas pumps.
c. The canopy shall not exceed eighteen feet (18’) in height and must provide at least fourteen feet (14’) of clearance to accommodate a semitrailer passing underneath.
The height of the canopy may be increased should the city council determine the architectural design enhances the site and/or is more consistent with the principal
building. d. The canopy fascia shall not exceed three feet (3’) in vertical height.
e. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the
canopy. Total canopy illumination shall not exceed one hundred fifteen (115) foot-candles below the canopy at ground level. The fascia of the canopy shall not be
illuminated. f. Signage may be allowed on a canopy, however such signage will apply toward the
allowable sign area for the principal building and/or ground sign.
Finding: The applicant will be expanding on to the existing canopy and adding 3 additional fuel
dispensers. The expansion of the canopy will be on the north end of the existing canopy and will
also include LED lighting within the expansion. The expansion’s design, color and character will
be consistent to both the existing building and as well as the existing canopy.
8. No public address sytem shall be audible from a noncommercial or nonindustrial use or
district.
Finding: The applicant did not provide information regarding public address systems or speaker
systems on site, but since there are noncommercial/nonindustrial districts across County Road 42
from this site a condition of this approval will note that no public address system shall be audible
form any residential use or district.
9. The sale, storage, or display of vehicles is prohibited.
Finding: There have not been any previous issues at this site with the sale, storage, or display of
vehicles and the applicant has not indicated that this is something they are looking to do.
10. No outside storage, display, or services shall be allowed except as follows:
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a. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the tanks are secured in a locker and the use meets all state building and
fire codes. b. Sale or display of goods shall be allowed on the private sidewalk immediately in
front of the principal building, provided that a minimum four foot (4') clearance is maintained for pedestrian access and that the display does not exceed four feet (4')
in height and is maintained in an orderly fashion. Display shall not block the handicap accessible route.
c. Sale or display of goods shall be allowed in an area underneath the canopy adjacent to the pump island provided that the display does not exceed three feet (3') in
height or extend beyond the concrete base of the pump island. This area shall be maintained in an orderly and safe fashion and in accordance with applicable state
fire code regulations.
Finding: The applicant’s site plan does not show an area where outdoor storage is located. The
applicant does plan to add a new storage shed, which will help alleviate the need for outdoor
storage.
11. Any repair, assembly, disassembly or maintenance of vehicles shall require an additional conditional use permit subject to the performance standards outlined in this subsection for
automotive repair.
Finding: The applicant has not indicated that repair, assembly, disassembly or maintenance of
vehicles would be happening onsite. If that changes then the applicant will be required to obtain an
additional conditional use permit.
12. A car wash facility not accessory to automobile repair or a nonservice motor fuel station shall require an additional conditional use permit subject to the
performance standards outlined in this subsection for car wash, full or self-service.
Finding: There is no car wash associated with this nonservice motor fuel station, and there are no
plans to add one with the intended improvements.
RECOMMENDATION Based on the information contained in this report and provided by the applicant, staff is recommending
approval of the request for a conditional use permit for the Holiday Stationstore to expand the existing
canopy and to make added improvements on site.
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Parcel ID: 347115001012
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---(3,600) / 250 = 15-Provided:--Standard (9.5'x18') = 16
--ADA Space (9.5'x18' with Access Stall = 1
-TOTAL PROVIDED: 17
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NORTHERN TIER
BUSINESS UNIT
6/24/2022
TRUE NORTH
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SF =47,959.00
ACREAGE =1.10
C-STORE (SF)=3,600.00
CAR WASH (SF)=N/A
SALES (SF)=2,373.46
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2.0 SCALE : 1" = 200'-0"
STORE
DRAWN BY:DATE:
PROJECT:
Parcel ID: 347115001012
Zoning Designation (Current):
Overlay District:
Parcel Size: 1.10 ACRES
Setbacks:Building BuffersFront
Side
Rear
Parking
-Required: Retail: 1 per 250 gross SF floor area
---(3600) / 250 = 15-Provided:--Standard (9.5'x18') = 16
--ADA Space (9.5'x18' with Access Stall = 1
-TOTAL PROVIDED: 17
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ST
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2
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#2746222
NORTHERN TIER
BUSINESS UNIT
TRUE NORTH
PLAN NORTHTOTAL SITE
SF =47,959.00
ACREAGE =1.10
C-STORE (SF)=3,600.00
CAR WASH (SF)=N/A
SALES (SF)=2,373.46
NOTE:
THIS PLAN REPRESENTS A CONCEPT
LAYOUT ONLY, DRAWN OVER AN AERIAL
IMAGE AND HAS NOT BEEN VERIFIED WITH
A PROFESSIONAL LAND SURVEY. ALL
PROPERTY LINES, DIMENSIONS, AND
DRAWN ELEMENTS WILL NEED TO BE
REDRAWN TO MATCH SURVEYED SITE
CONDITIONS WHEN AVAILABLE.
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APPROACH
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19'-0"25'-0"
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29
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"
28
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D DD AA
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19
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GRIND OFF EXISTING ACCESS AISLE
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"
35
'
-
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"
57
'
-
3
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EX
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'
-
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"
AD
D
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NO
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K
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RELOCATED
FLAG POLE
BOARD ON
BOARD TRASH
ENCLOSURE
(NEW)
NEW STRIPING IN
EXISTING PARKING
SPACE
9'-0".9'-0".
INSTALL NEW SIGN POST AND ADA
VAN ACCESSIBLE PARKING SIGNAGE.
INSTAL PER HOLIDAY PARKING
STANDARDS @ 60" AFF
INSTALL NEW SIGN POST AND
ACCESS AISLE SIGNAGE. INSTAL PER
HOLIDAY PARKING STANDARDS @ 60"
AFF
DEMO EXISTING PUMPS,
CONCRETE AND ISLAND FORMS
DEMO CURBS
22
'
-
1
"
NEW ISLANDS AND
PIPING UNDER EXISTING
CANOPY NEW STEP IN FREEZER
NEW 10x12 STORAGE SHED
ON CONCRETE SLAB
DEMO EXISTING TRASH
ENCLOSURE
C 2.0A1POPOSED SITE PLAN - WITH AERIAL OVERLAY
1.0A SCALE : 1" = 50'-0"
STORE
DRAWN BY:DATE:
PROJECT:
Parcel ID: 347115001012
Zoning Designation (Current):
Overlay District:
Parcel Size: 1.10 ACRES
Setbacks:Building BuffersFront
Side
Rear
Parking
-Required: Retail: 1 per 250 gross SF floor area
---(3600) / 250 = 15-Provided:--Standard (9.5'x18') = 16
--ADA Space (9.5'x18' with Access Stall = 1
-TOTAL PROVIDED: 17
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OPTION / REVISION:
ST
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2
7
5
6
2
2
2
15
0
6
6
C
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I
P
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N
D
A
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A
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RO
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M
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M
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#2746222
NORTHERN TIER
BUSINESS UNIT
NOTE:
THIS PLAN REPRESENTS A CONCEPT
LAYOUT ONLY, DRAWN OVER AN AERIAL
IMAGE AND HAS NOT BEEN VERIFIED WITH
A PROFESSIONAL LAND SURVEY. ALL
PROPERTY LINES, DIMENSIONS, AND
DRAWN ELEMENTS WILL NEED TO BE
REDRAWN TO MATCH SURVEYED SITE
CONDITIONS WHEN AVAILABLE.
BDB
PROPOSED CANOPY EXPANSION
6/22/2022
OPTION 1
TRUE NORTH
PLAN NORTHTOTAL SITE
SF =47,959.00
ACREAGE =1.10
C-STORE (SF)=3,600.00
CAR WASH (SF)=N/A
SALES (SF)=2,373.46
G:\
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NORT+ERN TIER
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2022
OPTION
TOTAL SITE
S) 00
ACERA*E 0
*REENSPACE
SITE 00
PROVIDED S) 3
PROVIDED 30
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APPROACH
23
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-
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VENT STAND
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BUILDING
3'
61'-0"30'-0"
APPROACH
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19'-0"25'-0"
HO
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29
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30
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19
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80
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39
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36
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29
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0
"
28
'
-
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"
45'-5"39'-1"41'-6"
D DD AA
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ON BLDG
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9'-0"
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19
'
-
0
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GRIND OFF EXISTING ACCESS AISLE
STRIPING, HANDICAP SYMBOL AND
PARKING STRIPING
4'-
0
"
35
'
-
0
"
57
'
-
3
"
EX
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C
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32
'
-
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AD
D
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NO
P
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K
I
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RELOCATED
FLAG POLE
BOARD ON
BOARD TRASH
ENCLOSURE
(NEW)
NEW STRIPING IN
EXISTING PARKING
SPACE
9'-0".9'-0".
INSTALL NEW SIGN POST AND ADA
VAN ACCESSIBLE PARKING SIGNAGE.
INSTAL PER HOLIDAY PARKING
STANDARDS @ 60" AFF
INSTALL NEW SIGN POST AND
ACCESS AISLE SIGNAGE. INSTAL PER
HOLIDAY PARKING STANDARDS @ 60"
AFF
DEMO EXISTING PUMPS,
CONCRETE AND ISLAND FORMS
DEMO CURBS
22
'
-
1
"
NEW ISLANDS AND
PIPING UNDER EXISTING
CANOPY NEW STEP IN FREEZER
NEW 10x12 STORAGE SHED
ON CONCRETE SLAB
DEMO EXISTING TRASH
ENCLOSURE
C 2.0W1PROPOSED SITE PLAN
2.0W SCALE : 1" = 50'-0"
PROPOSED CANOPY
EXPANSION
BDB
STORE
DRAWN BY:DATE:
PROJECT:
Parcel ID: 347115001012
Zoning Designation (Current):
Overlay District:
Parcel Size: 1.10 ACRES
Setbacks:Building BuffersFront
Side
Rear
Parking
-Required: Retail: 1 per 250 gross SF floor area
---(3600) / 250 = 15-Provided:--Standard (9.5'x18') = 16
--ADA Space (9.5'x18' with Access Stall = 1
-TOTAL PROVIDED: 17
RE
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#
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OPTION / REVISION:
ST
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2
7
5
6
2
2
2
15
0
6
6
C
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I
P
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D
A
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A
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RO
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M
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N
T
,
M
N
#2746222
NORTHERN TIER
BUSINESS UNIT
6/22/2022
OPTION 1
TRUE NORTH
PLAN NORTHTOTAL SITE
SF =47,959.00
ACREAGE =1.10
C-STORE (SF)=3,600.00
CAR WASH (SF)=N/A
SALES (SF)=2,373.46
NOTE:
THIS PLAN REPRESENTS A CONCEPT
LAYOUT ONLY, DRAWN OVER AN AERIAL
IMAGE AND HAS NOT BEEN VERIFIED WITH
A PROFESSIONAL LAND SURVEY. ALL
PROPERTY LINES, DIMENSIONS, AND
DRAWN ELEMENTS WILL NEED TO BE
REDRAWN TO MATCH SURVEYED SITE
CONDITIONS WHEN AVAILABLE.
G:\
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34
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-
0
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NO
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INSTALL NEW SIGN POST AND ADA VAN
ACCESSIBLE PARKING SIGNAGE. INSTAL PER
HOLIDAY PARKING STANDARDS # 60" AFF
INSTALL NEW SIGN POST AND ACCESS AISLE
SIGNAGE. INSTAL PER HOLIDAY PARKING
STANDARDS # 60" AFF
DEMO ADA VAN ACCESSIBLE
PARKING SIGNAGE ON SIGN POST
DEMO ACCESS AISLE SIGNAGE ON
SIGN POST
GRIND OFF E;ISTING ACCESS AISLE
STRIPING, HANDICAP SYMBOL AND
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DEMO E;ISTING P8MPS,
CONCRETE AND ISLAND FORMS
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TANKS
NEW DIESEL DISPENSER
AND ISLAND
NEW 6" DIA CONC FILLED BOLLARDS
WITH PVC COVERS TYP OF 5
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S8-30 - Single 8nit TrXcN
C 1.0TT
1 PROPOSED SITE PLAN - TR8CK T8RNING - S830
1.0TT SCALE : 1" 40'-0"
STORE
DRAWN BY:DATE:
PRO-ECT:
Parcel ID: 347115001012
=oning Designation CXrrent:
Overlay District:
Parcel Si]e: 1.10 ACRES
SetEacNs:BXilding BXIIersFront
Side
Rear
ParNing
-ReTXired: Retail: 1 per 250 gross SF Iloor area
---3,600 / 250 15-Provided:--Standard 9.5'x18' 15
--ADA Space 9.5'x18' witK Access Stall 1
-TOTAL PROVIDED: 16
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RE
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#
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OPTION / REVISION:
ST
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2
7
5
6
2
2
2
15
0
6
6
C
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P
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N
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#2746222
NORTHERN TIER
B8SINESS 8NIT
TR8E NORTH
PLAN NORTHTOTAL SITE
SF 47,959.00
ACREAGE 1.10
C-STORE SF 3,600.00
CAR WASH SF N/A
SALES SF 2,373.46 BDB
PROPOSED CANOPY E;PANSION
1/9/2023
OPTION 3 REV 1
G:
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2
3
1
0
:
4
6
:
1
5
A
M
,
D
W
G
T
o
P
D
F
.
p
c
3
NO
P
A
R
K
I
N
G
NO
P
A
R
K
I
N
G