01/21/2014 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 21,2014 6:30 o'clock p.m. Luke Kujawa, Applicant, was present. Gaffron stated the applicant is requesting a mechanical permit to install a 2,000 gallon underground fuel storage tank on the Brown's Bay portion of the property. Per Orono Zoning Code Section 78-142, "It shall be unlawful to construct a building, enlarge the footprint of a building, or change or intensity the use of an existing building or site in any business or industrial district without approval of a site plan in accordance with this division." Installation of an underground fuel storage tank and the subsequent activity associated with fuel delivery and dispensing is considered an intensification of the use of the site. Gaffron noted it would be located south of the gazebo,with a fuel line going to the center grouping of docks. A fuel dispenser would be located just off of the shoreline. The question that was raised initially was where the fuel tank could be located. Originally the desire was to install an underground fuel tank on the Tanager side of the road. In 2013,the applicants relocated their boat club operation to the Brown's Bay side of County Road 15. In May of 2013,the applicants applied for an expansion of the boat club operation to 30 sips from the originally approved 20 sips. That application was subsequently tabled by the City Council in August in order to allow the applicant time to provide additional information and address a number of City concerns, including the fueling situation. Your Boat Club has operated a boat club at this location pursuant to a Conditional Use Permit issued by the City in 2011. During 2011, 2012, and most of 2013,the applicants did not own the property but operated as a tenant. Because they did not own the property, they were not in a position to make certain infrastructure improvements necessary to better support the boat club operation. The applicants have now acquired all four tax parcels comprising the historic marina operation and are in a position to make site improvements. The applicants are now requesting approval for installation of a below-ground fuel tank within the parking lot area just south of the gazebo on the Brown's Bay side of Country Road 15. At this time the applicants intend to primarily use the fuel system to service club boats. However there is an expectation that this use could expand to fuel sales to the general boating public at some future time. Doing so, however, would likely require relocation of the dispensing facility to an outer slip rather than one adjacent to the shore as is currently proposed. Gaffron noted marine fuel sales are a permitted use within the B-2 Lakeshore Business District. Underground fuel storage tanks are also subject to the provisions of Minnesota Rules Chapter 7150— Underground Storage Tanks, which regulates the design, installation, operation, and monitoring of underground fuel storage tanks. Other agencies involved or potentially involved in the regulatory process include the MnDNR, the LMCD, and MCWD. Gaffron stated the proposed fueling facility will tend to intensify the use of the commercial site. The applicants have also indicated their intent is to continue review of their overall site plan as part of their boat club expansion request and have met with staff to discuss their future plans. That review is anticipated to be back in front of the City Council in late February or early March. Gaffron noted the proposal is compatible with surrounding land uses and is generally in conformity with the criteria for commercial site plans outlined in Section 78-145. Gaffron stated one of the questions yet to be addressed is whether finish grade will be at the existing parking lot grade or above it, in which case there is the potential for a minor reduction in floodplain storage which would have to be compensated for elsewhere on the site. Page 13 of 26