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� o� O �,, O CITY of ORONO � - �-3 � �' ` � RESOLUTION OF THE CITY COUNCIL �'� , „��.: G�ti No. 6 3 b 9 ��kESH04� WHEREAS,the Applicants are concurrently applying to LMCD and MnDNR for approval to reconfigure the necessary portions of the existing dock system to accommodate the fueling operation; and WHEREAS, the sale of marine fuel is a permitted use within the B-2 Lakeshore Business District in which the Property is located; and WHEREAS, pursuant to mailed and published public notice, the Orono Planning Commission held a public hearing on this application for commercial site plan approval on January 21, 2014, at which time all persons wishing to comment on the proposal were allowed to comment; and WHEREAS, on January 21, 2014, the Orono Planning Commission voted 5-0-1 to recommend approval of the commercial site plan; and WHEREAS, the City Council has considered the application by the Applicants for commercial site plan approval, and per the evaluation criteria established for approval of a commercial site plan in Orono Zoning Code Section 78-145, makes the following findings: (1) The proposed use is compatible with surrounding land uses. The immediately surrounding land use is commercial in nature. Directly south of the proposed tank location is another commercial marina. The nearest residence structure (the residentially zoned house at 1442 Shoreline Drive, owned by the applicants) is approximately 170 feet from the tank, with the nearest neighboring residence approximately 230 feet from the tank and 200+ feet from the gas dock. Delivery and dispensing of fuel to boats in the water on Brown's Bay is not likely to be incompatible with surrounding land uses. (2) The proposed use preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas. The proposed tanlc location is on a portion of the property in an existing hardcover (gravel) parking lot, with an existing land surface slightly lower than the 931.5' 100-year flood elevation, based on the ALTA survey on file. The design of the tank installation incorporates measures to address tank buoyancy and accommodate parking above the tank, and will be fitted with sealed ports to eliminate surface water inflow. The proposed tank will meet all design standards necessary to avoid fuel discharges to the environment. (3) The proposed use creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the Page 2 of 6